Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 81433 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–175 [Amended] 

From Malden, MO; Vichy, MO; to 

Hallsville, MO. From Kirksville, MO; to Des 

Moines, IA. From Worthington, MN; 

Redwood Falls, MN; to Alexandria, MN. 

* * * * * 

V–424 [Removed] 

* * * * * 

V–586 [Amended] 

From Quincy, IL; Peoria, IL; Pontiac, IL; to 

Joliet, IL. 

* * * * * 

Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–397 Walnut Ridge, AR (ARG) to Waterloo, IA (ALO) [New] 

Walnut Ridge, AR (ARG) VORTAC (Lat. 36°06′36.07′′ N, long. 090°57′13.30′′ W). 

Vichy, MO (VIH) VOR/DME (Lat. 38°09′14.66′′ N, long. 091°42′24.38′′ W). 

LEWRP, MO WP (Lat. 40°08′06.06′′ N, long. 092°35′30.15′′ W). 

OHGEE, IA FIX (Lat. 40°49′06.04′′ N, long. 093°08′24.11′′ W). 

LACON, IA FIX (Lat. 41°08′23.43′′ N, long. 093°24′09.22′′ W). 

Des Moines, IA (DSM) VORTAC (Lat. 41°26′15.45′′ N, long. 093°38′54.81′′ W). 

Waterloo, IA (ALO) VOR/DME (Lat. 42°33′23.39′′ N, long. 092°23′56.13′′ W). 

* * * * * 

Issued in Washington, DC, on December 

11, 2020. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2020–27631 Filed 12–15–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2020–1100; Airspace 

Docket No. 20–AGL–1] 

RIN 2120–AA66 

Proposed Amendment of V–9, V–63, V– 

100, V–158, V–171, and T–325; and 

Revocation of V–127 in the Vicinity of 

Rockford, IL 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend VHF Omnidirectional Range 

(VOR) Federal airways V–9, V–63, V– 

100, V–158, and V–171; amend Area 

Navigation (RNAV) route T–325; and 

remove VOR Federal airway V–127 in 

the vicinity of Rockford, IL. The air 

traffic service (ATS) route modifications 

are necessary due to the planned 

decommissioning of the VOR portion of 

the Rockford, IL, VOR/Distance 

Measuring Equipment (VOR/DME) 

navigation aid (NAVAID). Except for 

RNAV route T–325, the Rockford VOR/ 

DME NAVAID provides navigation 

guidance for portions of the affected 

routes listed above. The Rockford VOR 

is being decommissioned as part of the 

FAA’s VOR Minimum Operational 

Network (MON) program. 

DATES: Comments must be received on 

or before February 1, 2021. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: (800) 

647–5527, or (202) 366–9826. You must 

identify FAA Docket No. FAA–2020– 

1100; Airspace Docket No. 20–AGL–1 at 

the beginning of your comments. You 

may also submit comments through the 

internet at https://www.regulations.gov. 

FAA Order 7400.11E, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the Rules 

and Regulations Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email: 

fedreg.legal@nara.gov or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Rules and Regulations 

Group, Office of Policy, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would 

modify the route structure as necessary 

to preserve the safe and efficient flow of 

air traffic within the National Airspace 

System (NAS). 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2020–1100; Airspace Docket No. 20– 

AGL–1) and be submitted in triplicate to 

the Docket Management Facility (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the internet at 

https://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2020–1100; Airspace 

Docket No. 20–AGL–1.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received on or 

before the specified comment closing 

date will be considered before taking 

action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 


khammond on DSKJM1Z7X2PROD with PROPOSALS
81434 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at https://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Operations Support Group, Central 

Service Center, Federal Aviation 

Administration, 10101 Hillwood 

Parkway, Fort Worth, TX, 76177. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order 7400.11E, Airspace 

Designations and Reporting Points, 

dated July 21, 2020, and effective 

September 15, 2020. FAA Order 

7400.11E is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order 7400.11E lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

Background 

The FAA is planning 

decommissioning activities for the VOR 

portion of the Rockford, IL, VOR/DME 

in October 2021. The Rockford, IL, VOR 

is a candidate VOR identified for 

discontinuance by the FAA’s VOR MON 

program and listed in the final policy 

statement notice, ‘‘Provision of 

Navigation Services for the Next 

Generation Air Transportation System 

(NextGen) Transition to PerformanceBased Navigation (PBN) (Plan for 

Establishing a VOR Minimum 

Operational Network),’’ published in the 

Federal Register of July 26, 2016 (81 FR 

48694), Docket No. FAA–2011–1082. 

Although the VOR portion of the 

Rockford VOR/DME is planned for 

decommissioning, the co-located DME 

portion of the NAVAID is being 

retained. 

The existing ATS route dependencies 

to the Rockford, IL, VOR/DME NAVAID 

are VOR Federal airways V–9, V–63, V– 

100, V–127, V–158, and V–171. With 

the planned decommissioning of the 

VOR portion of the Rockford VOR/DME, 

the remaining ground-based NAVAID 

coverage in the area is insufficient to 

enable the continuity of the affected 

airways. As such, proposed 

modifications to the affected airways 

would result in creating a gap in three 

of the airways (V–9, V–63, and V–100), 

expanding an existing gap in one of the 

airways (V–171), redefining an airway 

point to retain one of the airways as 

charted (V–158); and removing the 

remaining airway completely (V–127). 

To overcome the gaps created or 

expanded in four of the airways, and the 

loss of another airway, instrument flight 

rules (IFR) traffic could use adjacent 

ATS routes, including VOR Federal 

airways V–6, V–24, V–158, V–172, and 

V–216, or request air traffic control 

(ATC) radar vectors to fly through or 

circumnavigate the affected area. 

Additionally, IFR pilots equipped with 

RNAV PBN capabilities could also 

navigate point to point using the 

existing fixes that will remain in place 

to support continued operations though 

the affected area. Visual flight rules 

(VFR) pilots who elect to navigate via 

the airways through the affected area 

could also take advantage of the 

adjacent VOR Federal airways or ATC 

services listed previously. 

To retain V–158 as charted, the FAA 

is proposing to redefine the airway 

point defined by the intersection of the 

Polo, IL, VOR/DME 122° and Rockford, 

IL, VOR/DME 169° radials (SHOOF fix) 

by using the existing Polo, IL, VOR/ 

DME 122° radial and replacing the 

Rockford, IL, VOR/DME radial with a 

new Davenport, IA, VOR/Tactical Air 

Navigation (VORTAC) 087°(T)/083°(M) 

radial. As a result, the V–158 airway 

would remain unchanged and as 

currently charted. 

The FAA is also proposing to extend 

RNAV route T–325 from the Terre 

Haute, IN, area to the Oshkosh, WI, area 

to, in part, mitigate arrival/departure 

route issues associated with the 

proposed loss of the V–9 and V–63 

airway segments north of the Rockford 

VOR/DME. For approximately two 

weeks each summer, more than 10,000 

aircraft converge on Oshkosh, WI, for 

the Experimental Aircraft Association 

(EAA) Air Venture Fly-In held at the 

Aviation Museum located at the 

Wittman Regional Airport. Extending T– 

325 to the Oshkosh, WI, area would 

mitigate the Air Venture Fly-In arrival/ 

departure route issues caused by the 

proposed V–9 and V–63 modifications, 

provide airspace users with continued 

enroute ATS route structure north of the 

Rockford, IL, area, and support ongoing 

FAA NextGen efforts to modernize the 

NAS to performance-based navigation. 

Prior to this NPRM, the FAA 

published a rule for Docket No. FAA– 

2020–0505 in the Federal Register (85 

FR 67648; October 26, 2020), amending 

VOR Federal airway V–63 by removing 

the airway segment between the Bowie, 

TX, VORTAC and the Texoma, OK, 

VOR/DME. That airway amendment, 

effective December 31, 2020, is included 

in this NPRM. 

Also prior to this NPRM, the FAA 

published a rule for Docket No. FAA– 

2020–0667 in the Federal Register (85 

FR 79422; December 10, 2020), 

amending VOR Federal airway V–100 

by removing the airway segment 

overlying the Sioux City, IA, VORTAC 

between the O’Neill, NE, VORTAC and 

the Fort Dodge, IA, VORTAC. That 

airway amendment, effective February 

25, 2021, is included in this NPRM, as 

well. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) part 71 by modifying VOR 

Federal airways V–9, V–63, V–100, V– 

158, and V–171; modifying RNAV route 

T–325; and removing VOR Federal 

airway V–127. The planned 

decommissioning of the VOR portion of 

the Rockford, IL, VOR/DME has made 

this action necessary. 

The proposed VOR Federal airway 

changes are outlined below. 

V–9: V–9 currently extends between 

the Leeville, LA, VORTAC and the 

Houghton, MI, VOR/DME. The FAA 

proposes to remove the airway segment 

overlying the Rockford, IL, VOR/DME 

between the Pontiac, IL, VOR/DME and 

the Janesville, WI, VOR/DME. The 

unaffected portions of the existing 

airway would remain as charted. 

V–63: V–63 currently extends 

between the Razorback, AR, VORTAC 

and the Oshkosh, WI, VORTAC; and 

between the Wausau, WI, VOR/DME 

and the Houghton, MI, VOR/DME. That 

airspace at and above 10,000 feet MSL 

from 5 NM north to 46 NM north of 

Quincy, IL, when the Howard West 

MOA is active is excluded. The FAA 

proposes to remove the airway segment 

overlying the Rockford, IL, VOR/DME 

between the Davenport, IA, VORTAC 

and the Janesville, WI, VOR/DME. The 

unaffected portions of the existing 

airway would remain as charted and the 

exclusion language would remain 

unchanged. 

V–100: V–100 currently extends 

between the Medicine Bow, WY, VOR/ 

DME and the O’Neill, NE, VORTAC; and 

between the Fort Dodge, IA, VORTAC 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 81435 

and the Litchfield, MI, VOR/DME. The 

FAA proposes to remove the airway 

segment overlying the Rockford, IL, 

VOR/DME between the Dubuque, IA, 

VORTAC and the Northbrook, IL, VOR/ 

DME. The unaffected portions of the 

existing airway would remain as 

charted. 

V–127: V–127 currently extends 

between the Bradford, IL, VORTAC and 

the Rockford, IL, VOR/DME. The FAA 

proposes to remove the airway in its 

entirety. 

V–158: V–158 currently extends 

between the Mason City, IA, VORTAC 

and the intersection of the Polo, IL, 

VOR/DME 122° and the Rockford, IL, 

VOR/DME 169° radials (SHOOF fix). 

The airspace within R–3302 is 

excluded. The FAA proposes to retain 

the airway and redefine the SHOOF fix 

as the intersection of the existing Polo, 

IL, VOR/DME 122° radial and the new 

Davenport, IA, VORTAC, 087°(T)/ 

083°(M) radial. The existing airway 

would remain as charted and the 

exclusion language would remain 

unchanged. 

V–171: V–171 currently extends 

between the Lexington, KY, VOR/DME 

and the Rockford, IL, VOR/DME; and 

between the Nodine, MN, VORTAC and 

the Roseau, MN, VOR/DME. The FAA 

proposes to remove the airway segment 

between the Joliet, IL, VOR/DME and 

the Rockford, IL, VOR/DME. The 

unaffected portions of the existing 

airway would remain as charted. 

The proposed RNAV T-route changes 

are outlined below. 

T–325: T–325 currently extends 

between the Bowling Green, KY, DME 

navigation aid and the Terre Haute, IN, 

VORTAC. The proposed change would 

remove the Terre Haute VORTAC and 

replace it with the JIBKA, IN, waypoint 

(WP) located near the Terre Haute 

VORTAC, and extend the route 

northward from the JIBKA, IN, WP to 

the Oshkosh, WI, VORTAC. The 

following points would be added 

between the JIBKA WP and the Oshkosh 

VORTAC: CAPPY, IL, WP; SMARS, IL, 

WP; TRENM, IL, WP; START, IL, WP; 

GRIFT, IL, WP; DEBOW, WI, WP; 

LUNGS, WI, WP; and the HOMNY, WI, 

WP. The unaffected segments of the 

existing route would remain as charted. 

All radials in the VOR Federal airway 

descriptions below that do not reflect 

True (T)/Magnetic (M) degree radial 

information are unchanged and stated in 

True degrees. 

VOR Federal airways are published in 

paragraph 6010(a) and United States 

RNAV T-routes are published in 

paragraph 6011 of FAA Order 7400.11E 

dated July 21, 2020, and effective 

September 15, 2020, which is 

incorporated by reference in 14 CFR 

71.1. The ATS routes listed in this 

document would be subsequently 

published in the Order. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this proposed rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11E, 

Airspace Designations and Reporting 

Points, dated July 21, 2020, and 

effective September 15, 2020, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–9 [Amended] 

From Leeville, LA; McComb, MS; INT 

McComb 004° and Magnolia, MS, 194° 

radials; Magnolia; Sidon, MS; Marvell, AR; 

Gilmore, AR; Malden, MO; Farmington, MO; 

St. Louis, MO; Spinner, IL; to Pontiac, IL. 

From Janesville, WI; Madison, WI; Oshkosh, 

WI; Green Bay, WI; Iron Mountain, MI; to 

Houghton, MI. 

* * * * * 

V–63 [Amended] 

From Razorback, AR; Springfield, MO; 

Hallsville, MO; Quincy, IL; Burlington, IA; 

Moline, IL; to Davenport, IA. From Janesville, 

WI; Badger, WI; to Oshkosh, WI. From 

Wausau, WI; Rhinelander, WI; to Houghton, 

MI. Excluding that airspace at and above 

10,000 feet MSL from 5 NM north to 46 NM 

north of Quincy, IL, when the Howard West 

MOA is active. 

* * * * * 

V–100 [Amended] 

From Medicine Bow, WY; Scottsbluff, NE; 

Alliance, NE; Ainsworth, NE; to O’Neill, NE. 

From Fort Dodge, IA; Waterloo, IA; to 

Dubuque, IA. From Northbrook, IL; INT 

Northbrook 095° and Keeler, MI, 271° radials; 

Keeler; to Litchfield, MI. 

* * * * * 

V–127 [Removed] 

* * * * * 

V–158 [Amended] 

From Mason City, IA; INT Mason City 106° 

and Dubuque, IA, 293° radials; Dubuque; 

Polo, IL; to INT Polo 122° and Davenport, IA, 

087°(T)/083°(M) radials. The airspace within 

R–3302 is excluded. 

* * * * * 

V–171 [Amended] 

From Lexington, KY; INT Lexington 251° 

and Louisville, KY, 114° radials; Louisville; 

Terre Haute, IN; Danville, IL; Peotone, IL; 

INT Peotone 281° and Joliet, IL, 173° radials; 

to Joliet. From Nodine, MN; INT Nodine 298° 

and Farmington, MN, 124° radials; 

Farmington; Darwin, MN; Alexandria, MN; 

INT Alexandria 321° and Grand Forks, ND, 

152° radials; Grand Forks; to Roseau, MN. 

* * * * * 

Paragraph 6011 United States Area 

Navigation Routes. 

* * * * * 

T–325 Bowling Green, KY (BWG) to Oshkosh, WI (OSH) [Amended] 

Bowling Green, KY (BWG) DME (Lat. 36°55′43.47′′ N, long. 086°26′36.36′′ W). 


khammond on DSKJM1Z7X2PROD with PROPOSALS
81436 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 

RENRO, KY FIX (Lat. 37°28′50.53′′ N, long. 086°39′19.25′′ W). 

LOONE, KY WP (Lat. 37°44′14.43′′ N, long. 086°45′18.02′′ W). 

APALO, IN FIX (Lat. 38°00′20.59′′ N, long. 086°51′35.27′′ W). 

BUNKA, IN FIX (Lat. 39°04′57.32′′ N, long. 087°09′06.58′′ W). 

JIBKA, IN WP (Lat. 39°30′08.93′′ N, long. 087°16′26.74′′ W). 

CAPPY, IL WP (Lat. 40°00′06.00′′ N, long. 087°44′31.22′′ W). 

SMARS, IL WP (Lat. 41°07′38.18′′ N, long. 088°51′38.22′′ W). 

TRENM, IL WP (Lat. 41°17′24.93′′ N, long. 089°00′27.53′′ W). 

START, IL WP (Lat. 41°45′24.83′′ N, long. 089°00′21.81′′ W). 

GRIFT, IL WP (Lat. 42°17′28.14′′ N, long. 088°53′41.42′′ W). 

DEBOW, WI WP (Lat. 42°44′08.30′′ N, long. 088°50′48.92′′ W). 

LUNGS, WI WP (Lat. 43°02′43.66′′ N, long. 088°56′54.86′′ W). 

HOMNY, WI WP (Lat. 43°31′02.22′′ N, long. 088°39′40.15′′ W). 

Oshkosh, WI (OSH) VORTAC (Lat. 43°59′25.56′′ N, long. 088°33′21.36′′ W). 

* * * * * 

Issued in Washington, DC, on December 

11, 2020. 

George Gonzalez, 

Acting Manager, Rules and Regulations 

Group. 

[FR Doc. 2020–27632 Filed 12–15–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 948 

[SATS No. WV–127–FOR; Docket ID: OSM– 

2020–0003; S1D1S SS08011000 SX064A000 

212S180110 S2D2S SS08011000 SX064A000 

21XS501520] 

West Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are announcing receipt of a 

proposed amendment to the West 

Virginia regulatory program (hereinafter, 

the West Virginia program) under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). West Virginia Department of 

Environmental Protection (WVDEP) 

seeks to amend its regulatory provisions 

related to entities authorized to issue 

surety bonds and the repair and 

compensation of damage resulting from 

subsidence. 

This document gives the times and 

locations that the West Virginia program 

and this proposed amendment to that 

program are available for your 

inspection, the comment period during 

which you may submit written 

comments on the amendment, and the 

procedures that we will follow for the 

public hearing, if one is requested. 

DATES: We will accept written 

comments on this amendment until 4:00 

p.m., Eastern Standard Time (e.s.t.), 

January 15, 2021. If requested, we may 

hold a public hearing or meeting on the 

amendment on January 11, 2021. We 

will accept requests to speak at a 

hearing until 4:00 p.m., e.s.t. on 

December 31, 2020. 

ADDRESSES: You may submit comments, 

identified by SATS No. WV–127–FOR, 

by any of the following methods: 

• Mail/Hand Delivery: Mr. Ben 

Owens, Acting Director, Charleston 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 1027 

Virginia Street East, Charleston, West 

Virginia 25301. 

• Fax: (304) 347–7170. 

• Federal eRulemaking Portal: The 

amendment has been assigned Docket 

ID: OSM–2020–0003. If you would like 

to submit comments, go to http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Comment Procedures’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

review copies of the West Virginia 

program, this amendment, a listing of 

any scheduled public hearings or 

meetings, and all written comments 

received in response to this document, 

you must go to the address listed below 

during normal business hours, Monday 

through Friday, excluding holidays. You 

may receive one free copy of the 

amendment by contacting OSMRE’s 

Charleston Field Office or the full text 

of the program amendment is available 

for you to read at www.regulations.gov. 

Mr. Ben Owens, Acting Director, 

Charleston Field Office. Office of 

Surface Mining Reclamation and 

Enforcement, 1027 Virginia Street East, 

Charleston, West Virginia 25301, 

Telephone: (304) 347–7158, Email: osmchfo@osmre.gov. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following location: West 

Virginia Department of Environmental 

Protection, 601 57th Street SE, 

Charleston, West Virginia 25304, 

Telephone: (304) 926–0490. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ben Owens, Acting Director, Charleston 

Field Office, Telephone: (304) 347– 

7158. Email: osm-chfo@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the West Virginia Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Statutory and Executive Order Reviews 

I. Background on the West 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 approved State 

program includes, among other things, 

State laws and regulations that govern 

surface coal mining and reclamation 

operations in accordance with the Act 

and consistent with the Federal 

regulations. See 30 U.S.C. 1253(a)(1) 

and (7). On the basis of these criteria, 

the Secretary of the Interior 

conditionally approved the West 

Virginia program on January 21, 1981. 

You can find additional background 

information on the West Virginia 

program, including the Secretary’s 

findings, the disposition of comments, 

and conditions of approval of the West 

Virginia program in the January 21, 

1981, Federal Register (46 FR 5915). 

You can also find later actions 

concerning the West Virginia’s program 

and program amendments at 30 CFR 

948.10, 948.12, 948.13, 948.15, and 

948.16. 

II. Description of the Proposed 

Amendment 

By letter dated May 5, 2020 

(Administrative Record No. 1640), West 

Virginia sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). The State seeks to amend its 

regulations to modify language which 

relate to entities that may issue bond 

instruments. The State also seeks to 

amend language relating to the repair of, 

and compensation for, material damage 


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