[Federal Register Volume 61, Number 44 (Tuesday, March 5, 1996)]
[Proposed Rules]
[Pages 8534-8536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5109]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 906
[SPATS No. CO-029-FOR]
Colorado Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of revisions 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 of Colorado's proposed rules pertain
to the definitions of ``Permit area'' and ``Self-bonding;'' permit
application information concerning the legal right to enter and
proposed operations in which the affected area is within 100 feet of a
public road; the content of public notices in which the affected areas
would be within 100 feet of a public road or operations which propose
to close or relocate a public road; decisions on requests to disclose
confidential information; the area of the proposed surface coal mining
operation which is subject to the requirements concerning valid
existing rights; the right to comment on technical revisions; approval
of and conditions for self bonds; the requirements for vegetative cover
at the time of release of bond coverage for liability associated with
temporary drainage and sediment control facilities; and the contents of
a showing in lieu of the requirement for an engineer's certification of
the construction or reconstruction of haul and access roads that were
completed prior to August 1, 1995. The amendment is intended to revise
the Colorado program to be consistent with the corresponding Federal
regulations, incorporate the additional flexibility afforded by the
revised Federal regulations, and improve operational efficiency.
DATES: Written comments must be received by 4:00 p.m., m.s.t. March 20,
1996.
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
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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 906.15, 906.16, and 906.30.
II. Proposed Amendment
By letter dated November 20, 1995, Colorado submitted a proposed
amendment to its program (administrative record No. CO-675) pursuant to
SMCRA (30 U.S.C. 1201 et seq.). Colorado submitted the proposed
amendment at its own initiative; in partial response to May 7, 1986,
and March 22, 1990, letters (administrative record No. CO-282 and CO-
496) that OSM sent to Colorado in accordance with 30 CFR 732.17(c); and
in response to the requirement that Colorado amend its program at 30
CFR 906.16(a).
OSM announced receipt of the proposed amendment in the December 7,
1995, Federal Register (60 FR 62789), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on its adequacy (administrative record No. CO-675-2).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on January 8, 1996.
During its review of the amendment, OSM identified a concern
relating to Rule 3.02.4(1)(c), concerning the regulatory authority's
discretionary acceptance of self bonds, in addition to apparent
typographical errors. OSM notified Colorado of the concern and
typographical errors by letter dated January 25, 1996 (administrative
record No. CO-675-8). Colorado responded in a letter dated February 16,
1996, by submitting a revised amendment (administrative record No. CO-
675-9).
Colorado proposes revisions at:
Rule 1.04(89), concerning the definition of ``Permit area,'' to
provide gender-neutral language;
Rule 1.04(116), concerning the definition of ``Self-bonding,'' to
replace the words ``regulatory authority'' with the word ``Division;''
Rule 2.03.6(1), concerning right of entry information, to clarify
that a permit application must include a legal description of the
permit boundary for which the applicant has the legal right of entry;
Rule 2.07.3(2)(e), concerning permit applications for operations in
which proposed affected areas would be within 100 feet of a public
road, to clarify that the 100 feet is to be measured horizontally;
Rules 2.07.3(2) (e) and (f), concerning the content of a public
notice for an operation in which the proposed affected area would be
within 100 feet, measured horizontally, of a public road, or an
operation which proposes to close or relocate a public road, to clarify
that the public notice must include information regarding the
availability of a public hearing;
Rule 2.07.5(2)(c), concerning confidential information for which
persons have sought disclosure, to clarify that the information will be
released only after Colorado has made a decision allowing such
disclosure;
Rule 2.07.6(2)(d), concerning valid existing rights, to clarify
that it is the affected area of the proposed surface coal mining and
reclamation operation which is subject to the requirements concerning
valid existing rights;
Rule 2.08.4(6)(b)(ii), concerning proposed technical revisions, to
clarify that interested parties have the right to comment on the
proposed revision;
Rule 3.02.4(1)(c), concerning approval of a self bond, to clarify
that the decision by Colorado to accept a self bond is discretionary;
Rule 3.02.4(2)(e)(v)(B), concerning the conditions for a self bond,
to clarify which corporate officers must sign an indemnity agreement;
Rule 3.03.1(5), concerning the release of bond coverage for
liability associated with temporary drainage and sediment control
facilities, to clarify that, at bond release, the vegetative cover must
be adequate to control erosion and similar to the reclaimed area or
surrounding undisturbed area; and
Rules 4.03.1(1)(d)(ii) and 4.03.2(1)(f)(ii), concerning an
exemption from the requirement for an engineer's certification of the
construction or reconstruction of haul and access roads that were
completed prior to August 1, 1995, if the applicant provides a showing
that the road meets the performance standards of Rule 4.03.2, to
clarify that Colorado has the right to determine what information must
be included in a relevant showing.
III. Public Comment Procedures
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 revisions to
the amendment satisfy 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 the Denver Field Office will
not necessarily be considered in the final rulemaking or included in
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
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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 existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to 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: February 27, 1996
Russell F. Price,
Acting Regional Director, Western Regional Coordinating Center.
[FR Doc. 96-5109 Filed 3-4-96; 8:45 am]
BILLING CODE 4310-05-M
