Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules 63045

Public meetings: Upon request OSM

staff will be available to meet with

interested persons, individually or in

groups, during the comment period. In

addition to public meetings scheduled

by request, OSM has scheduled

meetings at seven locations. See

SUPPLEMENTARY INFORMATION for the

dates, times and locations.

For planning purposes, participants

must call 1–800–643–9748 to confirm

their attendance. If no confirmations are

received for any location where a

meeting has been scheduled, that

meeting will not be held. Any

individual who requires special

accommodation to attend a meeting

should contact the person listed under

FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Earl

D. Bandy, Jr., Office of Surface Mining

Reclamation and Enforcement, 2679

Regency Road, Lexington, Kentucky

40503. Telephone: (606) 233–2796 or

(800) 643–9748. E-mail:

ebandy@osmre.gov.

SUPPLEMENTARY INFORMATION: On

October 29, 1997 (62 FR 56139), OSM

published a notice that it would hold

public meetings in order to solicit

comments, concerns, and new ideas

regarding the drafting of new ownership

or control, permit information, and

improvidently issued permit regulations

to implement certain provisions of the

Surface Mining Control and

Reclamation Act of 1977. The notice

also invited written comments regarding

the drafting of these regulations and

advised that a concept/issue paper has

been prepared to assist those interested

in commenting or preparing for the

meetings. The re-design of these

regulations is underway in order to

fulfill the commitment made in the

publication of the interim final rules on

April 21, 1997 (62 FR 19450). The

commitment was to seek public

comment on proposed regulatory

changes that would precede final rules

adopted to reflect the January 31, 1997,

decision of the U.S. Court of Appeals for

the District of Columbia Circuit that

invalidated previous ownership or

control and related rules.

Public meetings have been scheduled

at the following locations on the dates

specified.

Date Time Location

12/2/97 ................................................ 9 a.m.–12 noon .................. Holiday Inn South, 5332 Athens-Boonesboro Road, Lexington, KY.

12/3/97 ................................................ 9 a.m.–12 noon .................. Heart O Town Hotel, 1000 Washington Street, East, Charleston, WV.

12/4/97 ................................................ 10 a.m.–12 noon ................ OSM Conference Room, 10 Parkway Center, Building #3, Pittsburgh, PA.

12/5/97 ................................................ 10 a.m.–12 noon ................ OSM Conference Room 220, 1951 Constitution Ave., NW., Washington,

DC.

12/8/97 ................................................ 10 a.m.–12 noon ................ OSM Conference Room, 2nd Floor, 530 Gay Street, Knoxville, TN.

12/9/97 ................................................ 10 a.m.–12 noon ................ OSM Conference Room, 1st Floor, 501 Belle Street, Alton, IL.

12/10/97 .............................................. 10 a.m.–12 noon ................ OSM Conference Room, 34th Floor, 1999 Broadway, Denver, CO.

Dated: November 21, 1997.

Mary Josie Blanchard,

Assistant Director, Program Support.

[FR Doc. 97–31096 Filed 11–25–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

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),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt 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 consists of a revision to the

Illinois regulations pertaining to

administrative review. The amendment

is intended to revise the Illinois

program to be consistent with the

corresponding Federal regulations.

This document sets forth the times

and locations that the Illinois program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

hearing, if one is requested.

DATES: Written comments must be

received by 4:00 p.m., c.s.t., December

26, 1997. If requested, a public hearing

on the proposed amendment will be

held on December 22, 1997. Requests to

speak at the hearing must be received by

4:00 p.m., c.s.t. on December 11, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Andrew

R. Gilmore, Director, Indianapolis Field

Office, at the address listed below.

Copies of the Illinois program, the

proposed amendment, a listing of any

scheduled public hearings, 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 copy of the proposed

amendment by contacting OSM’S

Indianapolis Field Office.

Andrew R. Gilmore, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart

Federal Building 575 North

Pennsylvania Street, Room 301,

Indianapolis, IN 46204, Telephone:

(317) 226–6700.

Illinois Department of Natural

Resources, Office of Mines and

Minerals, 524 South Second Street,

Springfield, IL 62701–1787,

Telephone (217) 782–4970.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director,

Indianapolis Field Office, Telephone:

(317) 226–6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

On June 1, 1982, the Secretary of the

Interior conditionally approved the

Illinois program. Background

information on the Illinois program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the June 1, 1982, Federal Register (47

FR 23883). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 913.15, 913,16, and 913.17.
63046 Federal Register / Vol. 62, No. 228 / Wednesday, November 26, 1997 / Proposed Rules

II. Description of the Proposed

Amendment

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

preponderence 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 proposes to amend is

at 62 IAC 1847.3(g), permit hearings.

Specifically, Illinois proposes 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

preponderence of the evidence.

III. Public Comment Procedures

In accordance with the provisions of

30 CFR 732.17(h), OSM is seeking

comments on whether the proposed

amendment satisfies the applicable

program approval criteria of 30 CFR

731.15. If the amendment is deemed

adequate, it will become part of the

Illinois program.

Written Comments

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 Indianapolis Field Office

will not necessarily be considered in the

final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public

hearing should contact the person listed

under FOR FURTHER INFORMATION

CONTACT by 4:00 p.m., c.s.t. on

December 11, 1997. The location and

time of the hearing will be arranged

with those persons requesting the

hearing. Any disabled individual who

has need for a special accommodation to

attend a public hearing should contact

the individual listed under FOR FURTHER

INFORMATION CONTACT. If no one requests

an opportunity to speak at the public

hearing, the hearing will not be held.

Filing of a written statement at the

time of the hearing is requested as it

will greatly assist the transcriber.

Submission of written statements in

advance of the hearing will allow OSM

officials to prepare adequate responses

and appropriate questions.

The public hearing will continue on

the specified date until all persons

scheduled to speak have been heard.

Persons in the audience who have not

been scheduled to speak, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

speak and persons present in the

audience who wish to speak have been

heard.

Public Meeting

If only one person requests an

opportunity to speak at a hearing, a

public meeting, rather than a public

hearing, may be held. Persons wishing

to meet with OSM representatives to

discuss the proposed amendment may

request a meeting by contacting the

person listed under FOR FURTHER

INFORMATION CONTACT. All such meetings

will be open to the public and, if

possible, notices of meetings will be

posted at the location listed under

ADDRESSES. A written summary of each

meeting will be made a part of the

Administrative Record.

IV. Procedural Determinations

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).

Executive Order 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(Civil Justice Reform) and has

determined that, to the extent allowed

by law, 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 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

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.

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)).

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.).

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

which 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.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 913

Intergovernmental relations, Surface

mining, Underground mining.

Dated: November 20, 1997.

Charles E. Sandberg,

Acting Regional Director, Mid-Continent

Regional Coordinating Center.

[FR Doc. 97–31095 Filed 11–25–97; 8:45 am]

BILLING CODE 4310–05–M