40790 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 117 

[Docket No. FAA–2009–1093; Amdt. No. 

117–1A] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements; OMB Approval of 

Information Collection 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; OMB approval of 

information collection. 

SUMMARY: This document notifies the 

public of the Office of Management and 

Budget’s (OMB’s) approval of the 

information collection requirement 

contained in the FAA’s final rule, 

‘‘Flightcrew Member Duty and Rest 

Requirements,’’ which was published 

on January 4, 2012. 

DATES: The rule published January 4, 

2012 (77 FR 330), including the 

information collection requirement in 

§§ 117.7, 117.9, 117.11, 117.19, and 

117.29, will become effective on January 

4, 2014. This document announces that 

OMB approval was received on May 4, 

2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

document, contact Dale E. Roberts, Air 

Transportation Division (AFS–200), 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–5749; email: dale.e.roberts@faa.gov. 

For legal questions concerning this 

document, contact Rebecca 

MacPherson, Office of the Chief 

Counsel, Regulations Division (AGC– 

200), 800 Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–3073; email: 

rebecca.macpherson@faa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 4, 2012, the final rule, 

‘‘Flightcrew Member Duty and Rest 

Requirements’’ was published in the 

Federal Register (77 FR 330). In that 

rule, the FAA amended the FAA’s 

existing flight, duty and rest regulations 

applicable to certain certificate holders 

and their flightcrew members operating 

under the domestic, flag, and 

supplemental operations rules. 

The paperwork burden is comprised 

of five areas: fatigue risk management 

system, § 117.7; fatigue training, § 117.9; 

flight time limitation, § 117.11; flight 

duty period extension reporting, 

§ 117.19; and emergency and 

government sponsored operations, 

§ 117.29. The information collection 

requirements had not been approved by 

OMB at the time of publication. 

In accordance with the Paperwork 

Reduction Act, the FAA submitted a 

copy of the new information collection 

requirements to OMB for its review. 

OMB approved the collection on May 4, 

2012, and assigned the information 

collection OMB Control Number 2120– 

0751, which expires on May 31, 2015. 

This document is being published to 

inform affected parties of the approval, 

and to announce that as of January 4, 

2014, affected parties are required to 

comply with the new information 

collection requirements in §§ 117.7, 

117.9, 117.11, 117.19, and 117.29. 

Issued in Washington, DC, on June 21, 

2012. 

Brenda D. Courtney, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2012–16021 Filed 7–10–12; 8:45 am] 

BILLING CODE 4910–13–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 232 

Republic of Tunisia Loan Guarantees 

Issued Under the Department of State, 

Foreign Operations, and Related 

Programs Appropriations Act of 2012 

AGENCY: Agency for International 

Development (USAID). 

ACTION: Final rule. 

SUMMARY: This regulation prescribes the 

procedures and standard terms and 

conditions applicable to loan guarantees 

issued for the benefit of the Republic of 

Tunisia pursuant to the State, Foreign 

Operations, and Related Programs 

Appropriations Act of 2012. 

DATES: Effective Date: July 11, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Haven Cruz-Hubbard, Office of General 

Counsel, U.S. Agency for International 

Development, Washington, DC 20523– 

6601; tel. 202–712–4774, fax 202–216– 

3055. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the State, Foreign Operations, and 

Related Programs Appropriations Act of 

2012 (Pub. L. 112–74), the United States 

of America, acting through the U.S. 

Agency for International Development, 

may issue certain loan guarantees 

applicable to sums borrowed by Banque 

Centrale de Tunisie, acting on behalf of 

the Republic of Tunisia (the 

‘‘Borrower’’). The loan guarantees shall 

insure the Borrower’s repayment of 

100% of principal and interest due 

under such loans. The full faith and 

credit of the United States of America is 

pledged for the full payment and 

performance of such guarantee 

obligations. 

This rulemaking document is not 

subject to rulemaking under 5 U.S.C. 

553 or to regulatory review under 

Executive Order 12866 because it 

involves a foreign affairs function of the 

United States. The provisions of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) do not apply. 

List of Subjects in 22 CFR Part 232 

Foreign relations, Foreign aid, Loan 

programs—foreign relations. 

Authority and Issuance 

■ Accordingly, a new Part 232 is added 

to Title 22, Chapter II, of the Code of 

Federal Regulations, as follows: 

PART 232—REPUBLIC OF TUNISIA 

LOAN GUARANTEES ISSUED UNDER 

THE DEPARTMENT OF STATE, 

FOREIGN OPERATIONS, AND 

RELATED PROGRAMS 

APPROPRIATIONS ACT, 2012, DIV. I, 

PUB. L. 112–74—STANDARD TERMS 

AND CONDITIONS 

Sec. 

232.01 Purpose. 

232.02 Definitions. 

232.03 The Guarantee. 

232.04 Guarantee eligibility. 

232.05 Non-impairment of the Guarantee. 

232.06 Transferability of Guarantee; Note 

Register. 

232.07 Fiscal agent obligations. 

232.08 Event of Default; Application for 

Compensation; payment. 

232.09 No Acceleration of Eligible Notes. 

232.10 Payment to USAID of excess 

amounts received by a Noteholder. 

232.11 Subrogation of USAID. 

232.12 Prosecution of claims. 

232.13 Change in agreements. 

232.14 Arbitration. 

232.15 Notice. 

232.16 Governing law. 

Appendix A to Part 232—Application for 

Compensation 

Authority: Title III of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2012, Division 

I, Pub. L. 112–74. 

§ 232.01 Purpose. 

The purpose of the regulations in this 

part is to prescribe the procedures and 

standard terms and conditions 

applicable to loan guarantees issued for 

the benefit of the Borrower, pursuant to 

Title Ill of the Department of State, 

Foreign Operations, and Related 

Programs Appropriations Act, 2012, 

Division I, Public Law 112–74. The loan 

guarantees will be issued as provided 

herein pursuant to the Loan Guarantee 

Agreement, dated June 8, 2012, between 


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Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Rules and Regulations 40791 

the Republic of Tunisia and the United 

States of America (the ‘‘Loan Guarantee 

Agreement’’) and will apply to sums 

borrowed during a period beginning on 

the date that the Loan Guarantee 

Agreement enters into force and ending 

one year after such date, in such amount 

and on such terms as may be 

determined by USAID, such 

determination to be conclusive. The 

loan guarantees shall insure the 

Borrower’s repayment of 100% of 

principal and interest due under such 

loans. The full faith and credit of the 

United States of America is pledged for 

the full payment and performance of 

such guarantee obligations. 

§ 232.02 Definitions. 

Wherever used in the standard terms 

and conditions set out in this part: 

Applicant means a Noteholder who 

files an Application for Compensation 

with USAID, either directly or through 

the Fiscal Agent acting on behalf of a 

Noteholder. 

Application for Compensation means 

an executed application in the form of 

Appendix A to this part which a 

Noteholder, or the Fiscal Agent on 

behalf of a Noteholder, files with USAID 

pursuant to § 232.08. 

Borrower means Banque Centrale de 

Tunisie, acting on behalf of the Republic 

of Tunisia. 

Business Day means any day other 

than a day on which banks in New 

York, NY are closed or authorized to be 

closed or a day which is observed as a 

federal holiday in Washington, DC, by 

the United States Government. 

Date of Application means the date on 

which an Application for Compensation 

is actually received by USAID pursuant 

to § 232.15. 

Defaulted Payment means, as of any 

date and in respect of any Eligible Note, 

any Interest Amount and/or Principal 

Amount not paid when due. 

Eligible Note(s) means [a] Note[s] 

meeting the eligibility criteria set out in 

§ 232.04. 

Fiscal Agency Agreement means the 

agreement among USAID, the Borrower 

and the Fiscal Agent pursuant to which 

the Fiscal Agent agrees to provide fiscal 

agency services in respect of the Note[s], 

a copy of which Fiscal Agency 

Agreement shall be made available to 

Noteholders upon request to the Fiscal 

Agent. 

Fiscal Agent means the bank or trust 

company or its duly appointed 

successor under the Fiscal Agency 

Agreement which has been appointed 

by the Borrower with the consent of 

USAID to perform certain fiscal agency 

services for specified Eligible Note[s] 

pursuant to the terms of the Fiscal 

Agency Agreement. 

Further Guaranteed Payments means 

the amount of any loss suffered by a 

Noteholder by reason of the Borrower’s 

failure to comply on a timely basis with 

any obligation it may have under an 

Eligible Note to indemnify and hold 

harmless a Noteholder from taxes or 

governmental charges or any expense 

arising out of taxes or any other 

governmental charges relating to the 

Eligible Note in the country of the 

Borrower. 

Guarantee means the guarantee of 

USAID pursuant to this part 232 and the 

State, Foreign Operations, and Related 

Programs Appropriations Act of 2012 

(Pub. L. 112–74). 

Guarantee Payment Date means a 

Business Day not more than three (3) 

Business Days after the related Date of 

Application. 

Interest Amount means for any 

Eligible Note the amount of interest 

accrued on the Principal Amount of 

such Eligible Note at the applicable 

Interest Rate. 

Interest Rate means the interest rate 

borne by an Eligible Note. 

Loss of Investment means, in respect 

of any Eligible Note, an amount in 

Dollars equal to the total of the: 

(1) Defaulted Payment unpaid as of 

the Date of Application, 

(2) Further Guaranteed Payments 

unpaid as of the Date of Application, 

and 

(3) Interest accrued and unpaid at the 

Interest Rate(s) specified in the Eligible 

Note(s) on the Defaulted Payment and 

Further Guaranteed Payments, in each 

case from the date of default with 

respect to such payment to and 

including the date on which full 

payment thereof is made to the 

Noteholder. 

Notes[s] means any debt securities 

issued by the Borrower. 

Noteholder means the owner of an 

Eligible Note who is registered as such 

on the Note Register of Eligible Notes 

required to be maintained by the Fiscal 

Agent. 

Person means any legal person, 

including any individual, corporation, 

partnership, joint venture, association, 

joint stock company, trust, 

unincorporated organization, or 

government or any agency or political 

subdivision thereof. 

Principal Amount means the 

principal amount of any Eligible Notes 

issued by the Borrower. For purposes of 

determining the principal amount of 

any Eligible Notes issued by the 

Borrower, the principal amount of each 

Eligible Note shall be the stated 

principal amount thereof. 

USAID means the United States 

Agency for International Development 

or its successor. 

§ 232.03 The Guarantee. 

Subject to the terms and conditions 

set out in this part, the United States of 

America, acting through USAID, 

guarantees to Noteholders the 

Borrower’s repayment of 100 percent of 

principal and interest due on Eligible 

Notes. Under this Guarantee, USAID 

agrees to pay to any Noteholder 

compensation in Dollars equal to such 

Noteholder’s Loss of Investment under 

its Eligible Note; provided, however, 

that no such payment shall be made to 

any Noteholder for any such loss arising 

out of fraud or misrepresentation for 

which such Noteholder is responsible or 

of which it had knowledge at the time 

it became such Noteholder. This 

Guarantee shall apply to each Eligible 

Note registered on the Note Register 

required to be maintained by the Fiscal 

Agent. 

§ 232.04 Guarantee eligibility. 

(a) Eligible Notes only are guaranteed 

hereunder. Notes in order to achieve 

Eligible Note status: 

(1) Must be signed on behalf of the 

Borrower, manually or in facsimile, by 

a duly authorized representative of the 

Borrower; 

(2) Must contain a certificate of 

authentication manually executed by a 

Fiscal Agent whose appointment by the 

Borrower is consented to by USAID in 

the Fiscal Agency Agreement; and 

(3) Shall be approved and 

authenticated by USAID by either: 

(i) The affixing by USAID on the 

Notes of a guarantee legend 

incorporating these Standard Terms and 

Conditions signed on behalf of USAID 

by either a manual signature or a 

facsimile signature of an authorized 

representative of USAID or 

(ii) The delivery by USAID to the 

Fiscal Agent of a guarantee certificate 

incorporating these Standard Terms and 

Conditions signed on behalf of USAID 

by either a manual signature or a 

facsimile signature of an authorized 

representative of USAID. 

(b) The authorized USAID 

representatives for purposes of the 

regulations in this part whose 

signature(s) shall be binding on USAID 

shall include the USAID Chief and 

Deputy Chief Financial Officer, 

Assistant Administrator and Deputy, 

Bureau for Economic Growth, 

Education, and Environment, Director 

and Deputy Director, Office of 

Development Credit, and such other 

individual(s) designated in a certificate 

executed by an authorized USAID 


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40792 Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Rules and Regulations 

Representative and delivered to the 

Fiscal Agent. The certificate of 

authentication of the Fiscal Agent 

issued pursuant to the Fiscal Agency 

Agreement shall, when manually 

executed by the Fiscal Agent, be 

conclusive evidence binding on USAID 

that an Eligible Note has been duly 

executed on behalf of the Borrower and 

delivered. 

§ 232.05 Non-impairment of the Guarantee. 

The full faith and credit of the United 

States of America is pledged to the 

performance of this Guarantee. The 

Guarantee shall be unconditional, and 

shall not be affected or impaired by: 

(a) Any defect in the authorization, 

execution, delivery or enforceability of 

any agreement or other document 

executed by a Noteholder, USAID, the 

Fiscal Agent or the Borrower in 

connection with the transactions 

contemplated by this Guarantee or 

(b) The suspension or termination of 

the program pursuant to which USAID 

is authorized to guarantee the Eligible 

Notes. This non-impairment of the 

guarantee provision shall not, however, 

be operative with respect to any loss 

arising out of fraud or misrepresentation 

for which the claiming Noteholder is 

responsible or of which it had 

knowledge at the time it became a 

Noteholder. 

§ 232.06 Transferability of Guarantee; Note 

Register. 

A Noteholder may assign, transfer or 

pledge an Eligible Note to any Person. 

Any such assignment, transfer or pledge 

shall be effective on the date that the 

name of the new Noteholder is entered 

on the Note Register required to be 

maintained by the Fiscal Agent 

pursuant to the Fiscal Agency 

Agreement. USAID shall be entitled to 

treat the Persons in whose names the 

Eligible Notes are registered as the 

owners thereof for all purposes of this 

Guarantee and USAID shall not be 

affected by notice to the contrary. 

§ 232.07 Fiscal agent obligations. 

Failure of the Fiscal Agent to perform 

any of its obligations pursuant to the 

Fiscal Agency Agreement shall not 

impair any Noteholder’s rights under 

this Guarantee, but may be the subject 

of action for damages against the Fiscal 

Agent by USAID as a result of such 

failure or neglect. A Noteholder may 

appoint the Fiscal Agent to make 

demand for payment on its behalf under 

this Guarantee. 

§ 232.08 Event of Default; Application for 

Compensation; payment. 

At any time after an Event of Default, 

as this term is defined in an Eligible 

Note, any Noteholder hereunder, or the 

Fiscal Agent on behalf of a Noteholder 

hereunder, may file with USAID an 

Application for Compensation in the 

form provided in Appendix A to this 

part. USAID shall pay or cause to be 

paid to any such Applicant any 

compensation specified in such 

Application for Compensation that is 

due to the Applicant pursuant to the 

Guarantee as a Loss of Investment not 

later than the Guarantee Payment Date. 

In the event that USAID receives any 

other notice of an Event of Default, 

USAID may pay any compensation that 

is due to any Noteholder pursuant to a 

Guarantee, whether or not such 

Noteholder has filed with USAID an 

Application for Compensation in 

respect of such amount. 

§ 232.09 No Acceleration of Eligible Notes. 

Eligible Notes shall not be subject to 

acceleration, in whole or in part, by 

USAID, the Noteholder or any other 

party. USAID shall not have the right to 

pay any amounts in respect of the 

Eligible Notes other than in accordance 

with the original payment terms of such 

Eligible Notes. 

§ 232.10 Payment to USAID of excess 

amounts received by a Noteholder. 

If a Noteholder shall, as a result of 

USAID paying compensation under this 

Guarantee, receive an excess payment, it 

shall refund the excess to USAID. 

§ 232.11 Subrogation of USAID. 

In the event of payment by USAID to 

a Noteholder under this Guarantee, 

USAID shall be subrogated to the extent 

of such payment to all of the rights of 

such Noteholder against the Borrower 

under the related Note. 

§ 232.12 Prosecution of claims. 

After payment by USAID to an 

Applicant hereunder, USAID shall have 

exclusive power to prosecute all claims 

related to rights to receive payments 

under the Eligible Notes to which it is 

thereby subrogated. If a Noteholder 

continues to have an interest in the 

outstanding Eligible Notes, such a 

Noteholder and USAID shall consult 

with each other with respect to their 

respective interests in such Eligible 

Notes and the manner of and 

responsibility for prosecuting claims. 

§ 232.13 Change in agreements. 

No Noteholder will consent to any 

change or waiver of any provision of 

any document contemplated by this 

Guarantee without the prior written 

consent of USAID. 

§ 232.14 Arbitration. 

Any controversy or claim between 

USAID and any Noteholder arising out 

of this Guarantee shall be settled by 

arbitration to be held in Washington, DC 

in accordance with the then prevailing 

rules of the American Arbitration 

Association, and judgment on the award 

rendered by the arbitrators may be 

entered in any court of competent 

jurisdiction. 

§ 232.15 Notice. 

Any communication to USAID 

pursuant to this Guarantee shall be in 

writing in the English language, shall 

refer to the Republic of Tunisia Loan 

Guarantee Number inscribed on the 

Eligible Note and shall be complete on 

the day it shall be actually received by 

USAID at the Office of Development 

Credit, Bureau for Economic Growth, 

Agriculture and Trade, United States 

Agency for International Development, 

Washington, DC 20523–0030. Other 

addresses may be substituted for the 

above upon the giving of notice of such 

substitution to each Noteholder by first 

class mail at the address set forth in the 

Note Register. 

§ 232.16 Governing law. 

This Guarantee shall be governed by 

and construed in accordance with the 

laws of the United States of America 

governing contracts and commercial 

transactions of the United States 

Government. 

Appendix A to Part 232—Application 

for Compensation 

United States Agency for International 

Development Washington, DC 20523 

Ref: Guarantee dated as of lll, 20ll: 

Gentlemen: You are hereby advised that 

payment of $llll (consisting of 

$llll of principal, $llll of interest 

and $llll in Further Guaranteed 

Payments, as defined in § 232.02(1) of the 

Standard Terms and Conditions of the abovementioned Guarantee) was due on 20ll, on 

$llll Principal Amount of Notes issued 

by Banque Centrale de Tunisie, acting on 

behalf of the Republic of Tunisia (the 

‘‘Borrower’’) held by the undersigned. Of 

such amount $llll was not received on 

such date and has not been received by the 

undersigned at the date hereof. In accordance 

with the terms and provisions of the abovementioned Guarantee, the undersigned 

hereby applies, under § 232.08 of said 

Guarantee, for payment of $llll, 

representing $lllll the Principal 

Amount of the presently outstanding Note(s) 

of the Borrower held by the undersigned that 

was due and payable on llll and that 

remains unpaid, and $llll, the Interest 

Amount on such Note(s) that was due and 

payable by the Borrower on llll and that 

remains unpaid, and $llll in Further 


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Federal Register / Vol. 77, No. 133 / Wednesday, July 11, 2012 / Rules and Regulations 40793 

1 In the event the Application for Compensation 

relates to Further Guaranteed Payments, such 

Application must also contain a statement of the 

nature and circumstances of the related loss. 

Guaranteed Payments,1 plus accrued and 

unpaid interest thereon from the date of 

default with respect to such payments to and 

including the date payment in full is made 

by you pursuant to said Guarantee, at the rate 

of ll% per annum, being the rate for such 

interest accrual specified in such Note. Such 

payment is to be made at [state payment 

instructions of Noteholder]. 

All capitalized terms herein that are not 

otherwise defined shall have the meanings 

assigned to such terms in the Standard Terms 

and Conditions of the above-mentioned 

Guarantee. 

[Name of Applicant] 

By: 

Name: 

Title: 

Dated: 

Haven Cruz-Hubbard, 

Attorney Advisor, Office of the General 

Counsel, U.S. Agency for International 

Development. 

[FR Doc. 2012–16638 Filed 7–10–12; 8:45 am] 

BILLING CODE M 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 948 

[WV–119–FOR; OSM–2012–0013] 

West Virginia Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: We are approving, on an 

interim basis, an amendment to the 

West Virginia regulatory program (the 

West Virginia program) under the 

Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). West Virginia revised its Surface 

Coal Mining and Reclamation Act 

(WVSCMRA) to effect changes 

concerning the special reclamation tax 

and apportionment of this tax. This 

amendment is intended to increase and 

extend the special reclamation tax. 

Moreover, a specific portion of this tax 

will be allocated to the Special 

Reclamation Water Trust Fund for the 

purpose of designing, constructing and 

maintaining water treatment systems on 

forfeited mine sites. We are approving 

the reinstatement of the special 

reclamation tax, its increase to twentyseven and nine-tenths cents per ton of 

clean coal mined, as well fifteen cents 

of the amount collected allocated for 

deposit to the Special Reclamation 

Water Trust Fund. 

DATES: Effective Date: This rule is 

effective July 11, 2012. Comment Date: 

We will accept written comments until 

4 p.m., EST August 10, 2012. If 

requested, we will hold a public hearing 

on August 6, 2012. We will accept 

requests to speak until 4 p.m., EST on 

July 26, 2012. 

ADDRESSES: You may submit comments 

by any of the following two methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. The proposed rule 

has been assigned Docket ID: OSM– 

2012–0013. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to 

www.regulations.gov and follow the 

instructions. 

• Mail/Hand Delivery: Mr. Roger W. 

Calhoun, Director, Charleston Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, 1027 

Virginia Street, East, Charleston, West 

Virginia 25301. Please include the rule 

identifier (WV–119–FOR) with your 

written comments. 

Instructions: All submissions received 

must include the agency Docket ID 

(OSM–2012–0013) for this rulemaking. 

For detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see ‘‘IV. 

Public Comment Procedures’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may also request to 

speak at a public hearing by any of the 

methods listed above or by contacting 

the individual listed under FOR FURTHER

INFORMATION CONTACT. 

Docket: The interim rule and any 

comments that are submitted may be 

viewed via the internet at 

www.regulations.gov. Look for Docket 

ID OSM–2012–0013. In addition, you 

may review copies of the West Virginia 

program, this amendment, a listing of 

any scheduled public hearings, and all 

written comments received in response 

to this document at the addresses listed 

below during normal business hours, 

Monday through Friday, excluding 

holidays. You may also receive one free 

copy of this amendment by contacting 

OSM’s Charleston Field Office listed 

below. 

Mr. Roger W. Calhoun, Director, 

Charleston Field Office, Office of 

Surface Mining Reclamation and 

Enforcement, 1027 Virginia Street, 

East, Charleston, West Virginia 25301, 

Telephone: (304) 347–7158. Email: 

chfo@osmre.gov. 

West Virginia Department of 

Environmental Protection, Division of 

Mining and Reclamation, Mr. Thomas 

L. Clark, 601 57th Street SE., 

Charleston, WV 25304, Telephone: 

(304) 926–0490. 

In addition, you may review a copy of 

the amendment during regular business 

hours at the following locations: 

Office of Surface Mining Reclamation 

and Enforcement, Morgantown Area 

Office, 604 Cheat Road, Suite 150, 

Morgantown, West Virginia 26508, 

Telephone: (304) 291–4004. (By 

Appointment Only). 

Office of Surface Mining Reclamation 

and Enforcement, Beckley Area 

Office, 313 Harper Park Drive, Suite 3, 

Beckley, West Virginia 25801, 

Telephone: (304) 255–5265. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger W. Calhoun, Director, Charleston 

Field Office, Telephone: (304) 347– 

7158. Email: chfo@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the West Virginia Program 

II. Description and Submission of the 

Amendment 

III. OSM’s Findings 

IV. Public Comment Procedures 

V. OSM’s Decision 

VI. Procedural Determinations 

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 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.’’ 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 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 West Virginia’s 

program and program amendments at 30 

CFR 948.10, 948.12, 948.13, 948.15, and 

948.16. 

II. Description and Submission of the 

Amendment 

By letter dated April 27, 2012, and 

received on April 27, 2012, 

(Administrative Record Number WV– 


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