[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Rules and Regulations]
[Page 33747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16332]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 906

[SPATS No. CO-034-FOR]


Colorado Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Final rule; correction.

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SUMMARY: In this document, the Office of Surface Mining Reclamation and 
Enforcement (OSM) is correcting a final rule that appeared in the 
Federal Register of May 30, 1997 (62 FR 29290). The document amended 
the Colorado regulatory program (hereinafter referred to as the 
``Colorado program'') under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). OSM inadvertently omitted the Director's finding 
and decision concerning Colorado's decisions regarding permit 
transfers.

DATES: Effective May 30, 1997.

FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Telephone: (303) 844-1424.
SUPPLEMENTARY INFORMATION: 

I. Background

    In the preamble of the May 30, 1997, Federal Register notice (62 FR 
29290, administrative record No. CO-683-05), OSM inadvertently omitted 
the discussion and approval of Rule 2.08.6(6) as it had been proposed 
in Colorado's original February 25, 1997, submittal. The purpose of 
this document is to notify the public that Colorado's February 25, 
1997, proposed revisions to Rule 2.08.6(6) are approved by OSM.

II. Director's Finding

Rule 2.08.6(6), Decisions on Applications for Permit Transfers

    Colorado proposed to revise Rule 2.08.6(6) to clarify that Colorado 
issues a ``proposed'' decision to approve or deny a permit transfer. 
The existing rule provides that persons with an interest in the 
decision may, within thirty days after the notification, request a 
formal hearing on the proposed decision. Colorado also proposed to 
revise Rule 2.08.6(6) by adding the clarification that

[i]f no formal hearing is requested, the Division shall issue and 
implement the proposed decision as final within five days after the 
close of the 30-day period provided for the filing of a request for 
a formal hearing. However, no permit shall be transferred until the 
applicant has filed a performance bond with the Division and the 
Division has approved it.

    The Federal regulation at 30 CFR 774.17(c) provides that any person 
having an interest which is or may be adversely affected by a decision 
on the transfer, assignment, or sale of permit rights, including an 
official of any Federal, State, or local government agency, may submit 
written comments on the application to the regulatory authority within 
a time specified by the regulatory authority. The Federal regulation at 
30 CFR 774.17(e) requires the regulatory authority to provide 
notification of its findings.
    Colorado's proposed revisions of Rule 2.08.6(6) clarify (1) that 
any decision would not be final until after the close of the thirty day 
comment period and (2) when and under what circumstances the decision 
would become final. The Director finds that proposed Rule 2.08.6(6) is 
consistent with and no less effective than the Federal regulations at 
30 CFR 774.17 (c) and (e) and approves it.

III. Director's Decision

    The Director, based on the above finding, approves Colorado's 
proposed Rule 2.08.6(6), concerning decisions on permit transfers, as 
submitted on February 25, 1997.

List of Subjects in 30 CFR Part 906

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 10, 1997.
James F. Fulton,
Acting Director, Western Regional Coordinating Center.

    Accordingly, 30 CFR Part 906 is amended as set forth below.

PART 906--COLORADO

    1. The authority citation for Part 906 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 906.15 is corrected in the table by revising the entry 
on the ``Date of Final Publication'' of May 30, 1997, to read as 
follows:


Sec. 906.15  Approval of Colorado regulatory program amendments.

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  Original amendment submission                                                                                 
               date                   Date of final publication                 Citation/description            
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                                      *        *        *        *        *                                     
      February 25, 1997..........  May 30, 1997...................  2 CCR 407-2, Rules 1.01(9); 1.04 (4), (12), 
                                                                     (21), (41), (149); 1.13; 2.05.3 (3)        
                                                                     (b)(i)(D), (3)(c)(ii); 2.06.2(4);          
                                                                     2.06.6(2)(a)(i); 2.08.5(2)(b)(ii);         
                                                                     2.08.6(6); 3.02.4(2)(d)(i); 3.05.5(1);     
                                                                     4.02.2(2); 4.03.1(1)(e); 4.05.6 (6)(a),    
                                                                     (11)(h); 4.07.3(3) (f), (g); 4.30 .1(3),   
                                                                     .2(3); 5.02.41 (1), (2); 5.03.3(5).        
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[FR Doc. 97-16332 Filed 6-20-97; 8:45 am]
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