This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

31483 

Vol. 77, No. 103 

Tuesday, May 29, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0494; Directorate 

Identifier 2012–NM–088–AD; Amendment 

39–17069; AD 2012–11–06] 

RIN 2120–AA64 

Airworthiness Directives; Gulfstream 

Aerospace Corporation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Gulfstream Aerospace Corporation 

Model G–1159, G–1159A, and G–1159B 

airplanes. This AD requires, for certain 

airplanes, a measurement to determine 

the clearance (gap) of the exposed 

rounded portion of the doubler and 

clothespin fitting at the wing-to-fuselage 

attachment, and repair if necessary. This 

AD also requires, for certain other 

airplanes, determining if a certain 

aircraft service change has been 

incorporated, and for affected airplanes, 

a measurement to determine the 

clearance (gap) of the exposed rounded 

portion of the doubler and clothespin 

fitting at the wing-to-fuselage 

attachment, and repair if necessary. This 

AD was prompted by a report of an 

improper structural modification that 

had excessive gaps in the wing-tofuselage attachment fittings. We are 

issuing this AD to detect and correct 

excessive gaps in the wing-to-fuselage 

attachment fittings, which could result 

in reduced structural integrity at the 

wing-to-fuselage attachment and 

consequent separation of the wing from 

the airplane. 

DATES: This AD is effective May 29, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of May 29, 2012. 

We must receive comments on this 

AD by July 13, 2012. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Gulfstream Aerospace 

Corporation, Technical Publications 

Dept., P.O. Box 2206, Savannah, Georgia 

31402–2206; telephone 800–810–4853; 

fax 912–965–3520; email 

pubs@gulfstream.com; Internet http:// 

www.gulfstream.com/product_support/ 

technical_pubs/pubs/index.htm.You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (phone: 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Michael Cann, Senior Aerospace 

Engineer, Airframe Branch, ACE–117A, 

Atlanta Aircraft Certification Office, 

FAA, 1701 Columbia Avenue, College 

Park, GA 30337; phone: (404) 474–5548; 

fax (404) 474–5606; email: 

michael.cann@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We received a report of an improper 

structural modification that resulted in 

excessive gaps in the wing-to-fuselage 

attachment fittings on a number of 

airplanes. The modification specified in 

Gulfstream Model G–1159A (also 

known as (aka) G–III) and G–1159B (aka 

G–IIB) Aircraft Service Change (ASC) 

229 and G–1159 (aka G–II) ASC 426 

installs a new three-piece box fitting on 

the left and right side wing-to-fuselage 

installations, including new part 

number 1159SB30175–11/–12 doublers. 

During a routine corrosion inspection 

on a Model G–1159A (G–III) airplane, it 

was observed that the aft wing-tofuselage attach fitting had an assembly 

gap exceeding the gap allowed by type 

design. This condition results in a 

transfer of wing loads through a 

different load path resulting in negative 

margins of safety in the upper bolt and 

lower bolt in bearing. 

A records review revealed that this 

condition was the result of an improper 

structural modification. This records 

search also revealed that six other 

Model G–1159 (G–II) and G–1159A (G– 

III) airplanes incorporated the 

modification. All seven airplanes have 

been inspected, and four airplanes were 

found not to be in conformity with the 

type design, two are in conformity to the 

type design, and no data are available 

on the other. A further search has 

revealed that a similar nonconforming 

condition was found on a total of six 

airplanes. Of those, one airplane does 

not conform to type design, and no 

further information is available for the 

other five airplanes. Based on this 

information, it is possible that other 

Model G–1159 (G–II), G–1159B (G–IIB), 

and G–1159A (G–III) airplanes could 

potentially exhibit the same condition. 

The excessive clearance between the 

structural members results in a change 

in load path and reduced structural 

strength of the assembly below certified 

limits. This condition, if not corrected, 

could result in reduced structural 

integrity at the wing-to-fuselage 

attachment and consequent separation 

of the wing from the airplane. 


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31484 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 

Relevant Service Information 

We reviewed Gulfstream III Alert 

Customer Bulletin 21, including Service 

Reply Card, dated May 18, 2012 (for 

Model G–1159A airplanes); and 

Gulfstream II/IIB Alert Customer 

Bulletin 36, including Service Reply 

Card, dated May 18, 2012 (for Model G– 

1159 and G–1159B airplanes). This 

service information describes 

procedures for a measurement to 

determine the clearance (gap) of the 

exposed rounded portion of the doubler 

and clothespin fitting at the wing-tofuselage attachment, and contacting 

Gulfstream if necessary. 

We have also reviewed Gulfstream III 

Alert Customer Bulletin 22, including 

Service Reply Card, dated May 18, 2012 

(for Model G–1159A airplanes); and 

Gulfstream II/IIB Alert Customer 

Bulletin 37, including Service Reply 

Card, dated May 18, 2012 (for Model G– 

1159 and G–1159B airplanes). This 

service information describes 

procedures for determining if a certain 

airplane service change has been 

incorporated, and, for affected airplanes, 

a measurement to determine the 

clearance (gap) of the exposed rounded 

portion of the doubler and clothespin 

fitting at the wing-to-fuselage 

attachment, and contacting Gulfstream 

if necessary. 

FAA’s Determination 

We are issuing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of these same 

type designs. 

AD Requirements 

This AD requires accomplishing the 

actions specified in the service 

information described previously, 

except as discussed under ‘‘Differences 

Between the AD and the Service 

Information.’’ The AD also requires 

sending the measurement results to 

Gulfstream. 

Differences Between the AD and the 

Service Information 

Although the service information 

specifies that operators may contact the 

manufacturer for disposition of certain 

repair conditions, this AD requires 

operators to repair those conditions in 

accordance with a method approved by 

the FAA. 

Interim Action 

We consider this AD interim action. 

The manufacturer is currently 

developing a modification intended to 

address the unsafe condition identified 

in this AD. Once this modification is 

developed, approved, and available, we 

might consider additional rulemaking. 

FAA’s Justification and Determination 

of the Effective Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of the discovery of an 

improper structural modification that 

had excessive gaps in the wing-tofuselage attachment fittings. We are 

issuing this AD to detect and correct 

excessive gaps in the wing-to-fuselage 

attachment fittings, which could result 

in reduced structural integrity at the 

wing-to-fuselage attachment. Therefore, 

we find that notice and opportunity for 

prior public comment are impracticable 

and that good cause exists for making 

this amendment effective in less than 30 

days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include the docket number 

FAA–2012–0494 and Directorate 

Identifier 2012–NM–088–AD at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 223 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Number of 

U.S. operators 

Cost on U.S. 

operators 

Records Review .. 1 work-hour × $85 per hour = $85 ................. $0 $85 210 $17,850 

Measurement ...... 4 work-hours × $85 per hour = $340 ............. 0 340 13 4,420 

We estimate the following costs to do 

any necessary measurements and 

repairs that would be required based on 

the results of the measurement. We have 

no way of determining the number of 

aircraft that might need these actions: 

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per 

product 

Measurement ................................................................ 4 work-hours ................................................................ $0 $340 

We have received no definitive data 

that would enable us to provide cost 

estimates for the on-condition repair 

specified in this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in Subtitle VII, 


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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 31485 

Part A, Subpart III, Section 44701: 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2012–11–06 Gulfstream Aerospace 

Corporation: Amendment 39–17069; 

Docket No. FAA–2012–0494; Directorate 

Identifier 2012–NM–088–AD. 

(a) Effective Date 

This AD is effective May 29, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Gulfstream 

Aerospace Corporation Model G–1159, G– 

1159A, and G–1159B airplanes; certificated 

in any category. 

(d) Subject 

Joint Aircraft System Component (JASC)/ 

Air Transport Association (ATA) of America 

Code 57, Wings; and 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by a report of an 

improper structural modification that had 

excessive gaps in the wing-to-fuselage 

attachment fittings. We are issuing this AD to 

detect and correct excessive gaps in the wingto-fuselage attachment fittings, which could 

result in reduced structural integrity at the 

wing-to-fuselage attachment and consequent 

separation of the wing from the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Measurement and Repair 

For airplanes identified in paragraphs 

(g)(1) and (g)(2) of this AD: Before further 

flight, measure to determine the clearance 

(gap) of the exposed rounded portion of the 

doubler and clothespin fitting at the wing-tofuselage attachment, in accordance with 

Gulfstream III Alert Customer Bulletin 21, 

including Service Reply Card, dated May 18, 

2012 (for Model G–1159A airplanes); or 

Gulfstream II/IIB Alert Customer Bulletin 36, 

including Service Reply Card, dated May 18, 

2012 (for Model G–1159 and G–1159B 

airplanes). If the clearance exceeds the limit 

specified in Gulfstream III Alert Customer 

Bulletin 21, including Service Reply Card, 

dated May 18, 2012 (for Model G–1159A 

airplanes); or Gulfstream II/IIB Alert 

Customer Bulletin 36, including Service 

Reply Card, dated May 18, 2012 (for Model 

G–1159 and G–1159B airplanes); before 

further flight, repair in accordance with a 

method approved by the Manager, Atlanta 

Aircraft Certification Office (ACO), FAA. For 

a repair method to be approved by the 

Manager, Atlanta ACO, as required by this 

paragraph, the Manager’s approval letter 

must specifically refer to this AD. 

(1) Model G–1159, and G–1159B airplanes, 

having serial numbers (S/N) 083, 084, 096, 

130, 176, 202, 238, 239, and 240. 

(2) Model G–1159A airplanes, having S/N 

346, 355, 385, and 486. 

(h) Records Review, Measurement, and 

Repair 

For all airplanes except those identified in 

paragraph (g) of this AD: Within 10 flight 

hours or 60 days after the effective date of 

this AD, whichever occurs first, do a review 

of airplane maintenance records to determine 

if the aircraft service change specified in 

Gulfstream III Alert Customer Bulletin 22, 

including Service Reply Card, dated May 18, 

2012 (for Model G–1159A airplanes); or 

Gulfstream II/IIB Alert Customer Bulletin 37, 

including Service Reply Card, dated May 18, 

2012 (for Model G–1159 and G–1159B 

airplanes); has been incorporated. 

(1) For airplanes on which the aircraft 

service change specified in Gulfstream III 

Alert Customer Bulletin 22, including 

Service Reply Card, dated May 18, 2012 (for 

Model G–1159A airplanes); or Gulfstream II/ 

IIB Alert Customer Bulletin 37, including 

Service Reply Card, dated May 18, 2012 (for 

Model G–1159 and G–1159B airplanes); has 

not been incorporated: No more work is 

required by this AD. 

(2) For airplanes on which the aircraft 

service change specified in Gulfstream III 

Alert Customer Bulletin 22, including 

Service Reply Card, dated May 18, 2012 (for 

Model G–1159A airplanes); or Gulfstream II/ 

IIB Alert Customer Bulletin 37, including 

Service Reply Card, dated May 18, 2012 (for 

Model G–1159 and G–1159B airplanes); has 

been incorporated: Within 10 flight hours or 

60 days after the effective date of this AD, 

whichever occurs first, measure to determine 

the clearance (gap) of the exposed rounded 

portion of the doubler and clothespin fitting 

at the wing-to-fuselage attachment, in 

accordance with Gulfstream III Alert 

Customer Bulletin 22, including Service 

Reply Card, dated May 18, 2012 (for Model 

G–1159A airplanes); or Gulfstream II/IIB 

Alert Customer Bulletin 37, including 

Service Reply Card, dated May 18, 2012 (for 

Model G–1159 and G–1159B airplanes). If the 

clearance exceeds the limit specified in 

Gulfstream III Alert Customer Bulletin 22, 

including Service Reply Card, dated May 18, 

2012 (for Model G–1159A airplanes); or 

Gulfstream II/IIB Alert Customer Bulletin 37, 

including Service Reply Card, dated May 18, 

2012 (for Model G–1159 and G–1159B 

airplanes); before further flight, repair in 

accordance with a method approved by the 

Manager, Atlanta ACO, FAA. For a repair 

method to be approved by the Manager, 

Atlanta, ACO, as required by this paragraph, 

the Manager’s approval letter must 

specifically refer to this AD. 

(i) Reporting 

Submit a report of the findings of any 

measurement required by paragraph (g) or (h) 

of this AD to Gulfstream, at the applicable 

time specified in paragraph (i)(1) or (i)(2) of 

this AD, using the Service Reply Card of the 

applicable customer bulletin specified in 

paragraph (g) or (h) of this AD. The report 

must include the measurement results, a 

description of any discrepancies found, the 

airplane serial number, and the number of 

landings and flight hours on the airplane. 

Under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.), the 

Office of Management and Budget (OMB) has 

approved the information collection 

requirements contained in this AD and has 

assigned OMB Control Number 2120–0056. 

(1) If the measurement was done on or after 

the effective date of this AD: Submit the 

report within 10 days after the measurement. 

(2) If the measurement was done before the 

effective date of this AD: Submit the report 

within 10 days after the effective date of this 

AD. 

(j) Special Flight Permit 

Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 


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31486 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

(k) Paperwork Reduction Act Burden 

Statement 

A federal agency may not conduct or 

sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 5 minutes per 

response, including the time for reviewing 

instructions, completing and reviewing the 

collection of information. All responses to 

this collection of information are mandatory. 

Comments concerning the accuracy of this 

burden and suggestions for reducing the 

burden should be directed to the FAA at: 800 

Independence Ave. SW., Washington, DC 

20591, Attn: Information Collection 

Clearance Officer, AES–200. 

(l) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Atlanta ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(m) Related Information 

For more information about this AD, 

contact Michael Cann, Senior Aerospace 

Engineer, Airframe Branch, ACE–117A, 

Atlanta Aircraft Certification Office, FAA, 

1701 Columbia Avenue, College Park, GA 

30337; phone: (404) 474–5548; fax (404) 474– 

5606; email: michael.cann@faa.gov. 

(n) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(2) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the following service information 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(i) Gulfstream III Alert Customer Bulletin 

21, including Service Reply Card, dated May 

18, 2012. 

(ii) Gulfstream III Alert Customer Bulletin 

22, including Service Reply Card, dated May 

18, 2012. 

(iii) Gulfstream II/IIB Alert Customer 

Bulletin 36, including Service Reply Card, 

dated May 18, 2012. 

(iv) Gulfstream II/IIB Alert Customer 

Bulletin 37, including Service Reply Card, 

dated May 18, 2012. 

(3) For service information identified in 

this AD, contact Gulfstream Aerospace 

Corporation, Technical Publications Dept., 

P.O. Box 2206, Savannah, Georgia 31402– 

2206; telephone 800–810–4853; fax 912–965– 

3520; email pubs@gulfstream.com; Internet 

http://www.gulfstream.com/ 

product_support/technical_pubs/pubs/ 

index.htm. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(5) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, or go 

to: http://www.archives.gov/federal-register/ 

cfr/ibr_locations.html. 

Issued in Renton, Washington, on May 22, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–13034 Filed 5–25–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 946 

[VA–126–FOR; OSM–2008–0012] 

Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the Virginia regulatory 

program under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). The amendment 

revises the Virginia Coal Surface Mining 

Reclamation Regulations pertaining to 

ownership and control, valid existing 

rights, self-bonding, and availability of 

records. Virginia intends to revise its 

program to be consistent with the 

corresponding Federal regulations and 

SMCRA and is responding, in part, to a 

30 CFR part 732 letter. 

DATES: Effective May 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Earl Bandy, Director, Knoxville Field 

Office, Telephone: (865) 545–4103. 

Internet: ebandy@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Virginia Program 

II. Submission of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Virginia Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its program 

includes, among other things, ‘‘* * * a 

State law which provides for the 

regulation of surface coal mining and 

reclamation operations in accordance 

with the requirements of the Act * * *; 

and rules and regulations consistent 

with regulations issued by the Secretary 

pursuant to the Act.’’ 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Virginia 

program on December 15, 1981. You can 

find background information on the 

Virginia program, including the 

Secretary’s findings, the disposition of 

comments, and conditions of approval 

of the Virginia program in the December 

15, 1981, Federal Register (46 FR 

61088). You can also find later actions 

concerning Virginia’s program and 

program amendments at 30 CFR 946.12, 

946.13, and 946.15. 

II. Submission of the Amendment 

By letter dated June 11, 2008, the 

Virginia Department of Mines, Minerals, 

and Energy (Virginia) sent us an 

informal proposed amendment to its 

program for a pre-submission review 

(VA–126–INF). We reviewed the presubmission and responded to Virginia, 

with comments, via electronic mail on 

July 2, 2008. By letter dated July 17, 

2008, Virginia formally submitted the 

proposed amendments to its program 

(Administrative Record No. VA–1089). 

We announced receipt of the 

proposed amendment in the August 29, 

2008, Federal Register (73 FR 50915). In 

the same document, we opened the 

public comment period and provided an 

opportunity for a public hearing or 

meeting on the amendment’s adequacy. 

We did not hold a public hearing or 

meeting because no one requested one. 

The public comment period ended on 

September 29, 2008. No comments were 

received. 

OSM’s review of the July 17, 2008, 

submittal identified several issues that 

we presented to Virginia. The first 

discussion occurred by telephone on 

September 4, 2008. As a result of that 

discussion, Virginia submitted on the 

same date, via electronic mail, 

Memorandum #13–86 which specifies 

application processing time limits for 

new permits and revision applications 

(Administrative Record No. VA–1093). 


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