[Federal Register Volume 63, Number 12 (Tuesday, January 20, 1998)]
[Proposed Rules]
[Page 2916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1214]



Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-098-FOR]

Illinois Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 

ACTION: Proposed rule; withdrawal of proposed amendment.


SUMMARY: OSM is announcing the withdrawal of a proposed amendment to 
the Illinois regulatory program (hereinafter the ``Illinois program'') 
under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
The proposed amendment concerned a revision to the Illinois regulations 
pertaining to administrative review. Illinois is withdrawing the 
amendment at its own initiative.

Andrew R. Gilmore, Director, Indianapolis Field Office, Telephone: 
(317) 226-6700.

SUPPLEMENTARY INFORMATION: By letter dated November 3, 1997 
(Administrative Record No. IL-5000), Illinois submitted a proposed 
amendment to its program pursuant to SMCRA. Illinois submitted the 
proposed amendment at its own initiative. In its submission letter, 
Illinois stated the amendment was necessitated by a permit review case 
wherein the hearing officer found that the Department's burden of proof 
standard was improper. The hearing officer ruled that a preponderance 
of the evidence standard was the appropriate standard to apply in a 
permit review proceeding. On a subsequent appeal of the administrative 
case, the circuit court agreed that the clearly erroneous standard was 
invalid and that the preponderance of the evidence standard was the 
correct standard to apply (Citizens Organizing Project v. IDNR, 96-MR-
126, Sangamon County Circuit Court). The provision of Title 62, 
Illinois Administrative Code (IAC) that Illinois proposed to amend is 
at 62 IAC 1847.3(g), permit hearings. Specifically, Illinois proposed 
to delete the existing language at 62 IAC 1847.3(g) and replace it with 
the following language:

    The standard of proof in a hearing conducted under this Section 
shall be the preponderance of the evidence.

    OSM announced receipt of the proposed amendment in the November 26, 
1997, Federal Register (62 FR 63045) and invited public comment on its 
adequacy. The public comment period ended December 26, 1997.
    On December 17, 1997 (Administrative Record No. IL-5005), Illinois 
requested that the proposed amendment be withdrawn, and stated the 
proposal is being revised and will be resubmitted when it is finalized. 
Therefore, the proposed amendment announced in the November 26, 1997, 
Federal Register is withdrawn.

List of Subjects in 30 CFR Part 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: January 9, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-1214 Filed 1-16-98; 8:45 am]