2916 Federal Register / Vol. 63, No. 12 / Tuesday, January 20, 1998 / Proposed Rules

13. Newly designated § 209.13(b) is

proposed to be revised to read as

follows:

§ 209.13 Employers’ gross earnings

reports.

* * * * *

(b) Employers shall submit reports

annually for employees in the gross

earnings sample. Such reports shall

include the employee’s gross annual

earnings, both taxable and non-taxable

compensation, for the year. Employers

with 5,000 or more employees shall

provide a monthly or quarterly

breakdown of the year’s earnings.

Employers with fewer than 5,000

employees may submit an annual

amount only, although a monthly or

quarterly breakdown is preferable. Gross

earnings are to be counted for the same

time period as used in determining the

employer’s annual report of creditable

compensation. The reports are to be

prepared in accordance with prescribed

instructions and filed in accordance

with § 209.4 of this part.

(Approved by the Office of Management and

Budget under control number 3220–0132)

14. Newly designated § 209.14 is

proposed to be amended by removing

paragraph (a), by removing paragraph

designation ‘‘(b)’’ before the second

paragraph, and by removing the terms

‘‘Director of Research and Employment

Accounts’’ and ‘‘Director’’ wherever

those terms appear, and by adding in

their place ‘‘Board’’.

15. Newly designated § 209.15 is

proposed to be revised to read as

follows:

§ 209.15 Report of separation allowances

subject to tier II taxation.

For any employee who is paid a

separation payment, the employer must

file a report of the amount of the

payment. This report shall be submitted

to the Board on or before the last day of

the month following the end of the

calendar quarter in which payment is

made. The report must be accompanied

by a report indication/specification

sheet prescribed by the Board as

described in § 200.3(a)(2)(ii) of this

chapter.

(Approved by the Office of Management and

Budget under control number 3220–0173)

16. Newly designated § 209.16 is

amended by revising the reference

‘‘§ 209.7’’ to read ‘‘209.9’’; ‘‘209.13’’ to

read ‘‘209.14’’ and ‘‘209.14’’ to read

‘‘209.15’’ wherever they appear; and by

removing ‘‘Director of Research and

Employment Accounts’’ wherever it

appears and adding in its place

‘‘Board’’.

Dated: January 8, 1998.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 98–1245 Filed 1–16–98; 8:45 am]

BILLING CODE 7905–01–P

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; 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.

FOR FURTHER INFORMATION CONTACT:

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]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 916

[SPATS No. KS–017–FOR]

Kansas Regulatory Program and

Abandoned Mine Land Reclamation

Plan

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed Rule; Reopening and

Extension of Public Comment Period on

Proposed Amendment.

SUMMARY: OSM is announcing receipt of

revisions pertaining to a previously

proposed amendment to the Kansas

regulatory program (hereinafter referred

to as the ‘‘Kansas program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

revisions for Kansas’s proposed rules

pertain to definitions; application for

mining permit; civil penalties; permit

transfers, assignments, and sales;

termination of jurisdiction; exemption

for coal and extraction incident to

government-financed highway or other

construction; exemption for coal

extraction incident to the extraction of

other minerals; coal exploration;

bonding procedures; performance

standards; eligible lands and water;

liens; contractor responsibility;