[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53561-53564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25554]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
Colorado Regulatory Program
ACTION: Proposed rule; reopening and extension of public comment period
and opportunity for public hearing on proposed amendment.
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SUMMARY: OSM is announcing receipt of proposed revisions to rules that
had been previously approved by OSM and additional explanatory
information pertaining to a previously proposed amendment to the
Colorado regulatory program (hereinafter, the ``Colorado program'')
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).
The revisions and additional explanatory information for Colorado's
proposed rules pertain to the definition of ``road;'' adjustments in
bond amount; the bond liability period on land reclaimed for industrial
or commercial, or residential use; bond forms; terms and conditions of
irrevocable letters of credit; the criteria and schedule for release of
performance bonds; and erosion control on mine support facilities is
within areas where the pre- and postmining land use is industrial or
commercial. The amendment is intended to revise the Colorado program to
be consistent with the corresponding Federal regulations and SMCRA, and
improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.s.t. November
15, 1995. If requested, a public hearing on the proposed amendment will
be held on November 13, 1995. Requests to present oral testimony at the
hearing must be received by 4:00 p.m., m.d.t., October 31, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to James
F. Fulton at the address listed below.
Copies of the Colorado program, the proposed amendment, and all
written comments received in response to this document will be
available for public review at the addresses listed below during normal
business hours, Monday through Friday, excluding holidays. Each
requester may receive one free copy of the proposed amendment by
contacting OSM's Denver Field Division.
James F. Fulton, Chief, Denver Field Division, Western Regional
Coordinating Center, Office of Surface Mining Reclamation and
Enforcement, 1999 Broadway, Suite 3300, Denver, Colorado 80202
Colorado Division of Minerals and Geology, Department of Natural
Resources, 215 Centennial Building, 1313 Sherman Street, Denver,
Colorado 80203, Telephone: (303) 866-3567
FOR FURTHER INFORMATION CONTACT: James F. Fulton, Telephone: (303) 672-
5524.
SUPPLEMENTARY INFORMATION:
I. Background on the Colorado Program
On December 15, 1980, the Secretary of the Interior conditionally
approved the Colorado program. General background information on the
Colorado program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Colorado program can
be found in the December 15, 1980, Federal Register (45 FR 82173).
Subsequent actions concerning Colorado's program and program amendments
can be found at 30 CFR 906.11, 906.15, 906.16, and 906.30.
II. Proposed Amendment
By letter dated July 12, 1995, Colorado submitted a proposed
amendment to its program (administrative record No. CO-670) pursuant to
SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed
amendment in response to a February 7, 1990, letter (administrative
record No. CO-484) that OSM sent to Colorado in accordance with 30 CFR
732.17(c), and at its own initiative.
OSM announced receipt of the proposed amendment in the July 28,
1995, Federal Register (60 FR 38773), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. CO-670-4).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on August 28, 1995.
In addition to the proposed amendment submitted on July 12, 1995,
Colorado submitted under the same July 12, 1995, cover letter
(administrative record No. CO-670), promulgated rules which had been
previously approved by OSM (see 59 FR 28248, June 1, 1994, and 59 FR
62574, December 6, 1994). Upon promulgation of these previously
approved rules, Colorado revised and submitted several of them in
response to the requirement to amend its program at 30 CFR 906.16(g)
and at its own initiative. The previously approved provisions of 2 Code
of Colorado Regulations 407-2, the rules and regulations of the
Colorado Mined Land Reclamation Board that Colorado proposes to revise
are: Rule 1.04(111), concerning the definition of ``road;'' Rule
3.02.2(5), concerning adjustments in bond amount; Rule 3.02.3(2)(c),
concerning the bond liability period on land reclaimed for industrial
or commercial, or residential use; Rules 3.02.4(1), 3.02.4(1)(b) and
(d), concerning bond forms; Rule 3.02.4(2)(c)(ix), concerning real
property bonds; Rule 3.02.4(2)(d)(i), concerning terms and conditions
of irrevocable letters of credit; Rule 3.03.1(2)(b), concerning the
criteria and schedule for release of performance bonds; and Rule
4.15.10(3), concerning erosion control on mine support facilities
within areas where the pre- and postmining land use is industrial or
commercial.
Specifically, Colorado proposes to revise:
Rule 1.04(111), the definition of ``road,'' to exclude public
roads;
Rule 3.02.2(5), to clarify the circumstances under which a
permittee may request an adjustment in bond amount;
Rule 3.02.3(2)(c), to require that the minimum period of bond
liability on land reclaimed for industrial or commercial, or
residential use must continue until, among other things, the permittee
demonstrates that development of the land use has substantially
commenced and is likely to be achieved;
Rules 3.02.4(1) and 3.02.4(2)(c)(ix), to allow conditioned
acceptance of real property bonds;
Rule 3.02.4(1)(b), to include a reference to the rules concerning
conditions for approval of a collateral bond;
Rule 3.02.4(1)(d), to correct the citation of a referenced rule
concerning approval of an alternative bonding system;
Rule 3.02.4(2)(d)(i), to allow an irrevocable letter of credit to
be issued by a bank outside the State of Colorado if the letter of
credit can be exercised at an affiliate or subsidiary located in the
State of Colorado;
Rule 3.03.1(2)(b), to (1) allow for eighty-five percent of a bond
amount to be released if, among other things, the established
vegetation supports the approved postmining land use and (2) clarify
that, with the exception of prime farmlands, the evaluation of
vegetation establishment must be based on statistically valid data
collected during a single year of the liability period; and
Rule 4.15.10(3), to delete the requirement for a demonstration that
retention of the mine support facilities will support the approved
postmining land use.
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During its review of the proposed amendment and previously approved
rules for which Colorado proposed further revisions upon promulgation,
OSM identified issues relating to the provisions at Rule 1.04(111),
concerning the definition of ``road;'' Rules 3.02.4(1) and
3.02.4(2)(c)(ix), concerning the allowance of real property bonds; Rule
4.15.10(3), concerning erosion control on mine support facilities
located within areas where the pre- and postmining land use is
industrial or commercial; and Rule 4.20.3(2), concerning subsidence-
caused damages.
OSM notified Colorado of the concerns by letter dated August 31,
1995 (administrative record No. CO-670-7). Colorado responded in a
letter dated September 26, 1995, by submitting additional explanatory
information (administrative record No. CO-670-8).
Colorado proposes additional explanatory information for Rules
3.02.4(1) and 3.02.4(2)(c)(ix), concerning the allowance of real
property bonds, and Rule 4.15.10(3), concerning erosion control on mine
support facilities located within areas where the pre- and postmining
land use is industrial or commercial. Specifically, Colorado explained
that (1) because a collating error was made upon promulgation and Rule
3.02.4(c)(ix) was inadvertently removed, submitted Rule 3.02.4(c)(ix)
should be codified as Rule 3.02.4(c)(x), and (2) it is policy that only
mine support facilities which are appropriate for the postmining land
use are approved for retention. In addition, Colorado stated that (1)
it is aware of proposed U.S. Congressional bills which would amend
SMCRA by providing an exemption for public roads and that it will
proceed with any necessary revision of the definition of ``road'' at
Rule 1.04(111) upon resolution of these bills and (2) it anticipated a
1996 rulemaking petition to address the necessary revisions at Rule
4.20.3(2), concerning subsidence-caused damages.
III. Public Comment Procedures
1. Written Comments
OSM is reopening the comment period on the proposed Colorado
program amendment to provide the public an opportunity to reconsider
the adequacy of the proposed amendment in light of the additional
materials submitted. In accordance with the provisions of 30 CFR
732.17(h), OSM is seeking comments on whether the proposed amendment
satisfies the applicable program approval criteria of 30 CFR 732.15. If
the amendment is deemed adequate, it will become part of the Colorado
program.
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under dates or at locations other than OSM's Denver Field Division will
not necessarily be considered in the final rulemaking or included in
the administrative record.
2. Public Hearing
Persons wishing to testify at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.d.t.
on October 31, 1995. Any disabled individual who has need for a special
accommodation to attend a public hearing should contact the individual
listed under FOR FURTHER INFORMATION CONTACT. The location and time of
the hearing will be arranged with those persons requesting the hearing.
If no one requests an opportunity to testify at the public hearing, the
hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to testify have been heard. Persons in the audience
who have not been scheduled to testify, and who wish to do so, will be
heard following those who have been scheduled. The hearing will end
after all persons scheduled to testify and persons present in the
audience who wish to testify have been heard.
3. Public Meeting
If only one person requests an opportunity to testify at a hearing,
a public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under Addresses. A written summary of each meeting
will be made a part of the administrative record.
IV. Procedural Determinations
1. Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
2. Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that this rule meets the applicable standards of subsections
(a) and (b) of that section. However, these standards are not
applicable to the actual language of State regulatory programs and
program amendments since each such program is drafted and promulgated
by a specific State, not by OSM. Under sections 503 and 505 of SMCRA
(30 U.S.C. 1253 and 1255) and the Federal regulations at 30 CFR 730.11,
732.15, and 732.17(h)(10), decisions on proposed State regulatory
programs and program amendments submitted by the States must be based
solely on a determination of whether the submittal is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR parts 730, 731, and 732 have been met.
3. National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
4. Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
5. Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal that is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that
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existing requirements previously promulgated by OSM will be implemented
by the State. In making the determination as the whether this rule
would have a significant economic impact, the Department relied upon
the data and assumptions for the counterpart Federal regulations.
List of Subjects in 30 CFR Part 906
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 4, 1995.
Richard J. Seibel,
Regional Director, Western Regional Coordinating Center.
[FR Doc. 95-25554 Filed 10-13-95; 8:45 am]
BILLING CODE 4310-05-M
