Colorado Regulatory Program

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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