[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 

[[Page 8535]]
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