60_Day_FR_Notice

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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices

You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: [email protected].
2. Facsimile: 1–202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209, Attention:
Patricia W. Silvey, Director, Office of
Standards, Regulations, and Variances.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director,
Office of Standards, Regulations, and
Variances.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
Individuals who submit comments by
hand-delivery are required to check in
at the receptionist desk on the 21st
floor.
Individuals may inspect copy of the
petition and comments during normal
business hours at the address listed
above.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations, and Variances at 202–693–
9447 (Voice), [email protected]
(E-mail), or 202–693–9441 (Telefax).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
ADDRESSES:

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I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary determines
that: (1) An alternative method of
achieving the result of such standard
exists which will at all times guarantee
no less than the same measure of
protection afforded the miners of such
mine by such standard; or (2) that the
application of such standard to such
mine will result in a diminution of
safety to the miners in such mine. In
addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modifications.
II. Petitions for Modification
Docket Number: M–2008–044–C.
Petitioner: Summit Engineering, Inc.,
P.O. Box 130, 3016 Rt. 10,
Chapmanville, West Virginia 25508 on
behalf of INR–WV Operating, LLC.

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Mine: Saunders Prep. Plant, MSHA
I.D. No. 46–02140, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuge piles; general).
Modification Request: The petitioner
requests a modification of the existing
standard which prohibits refuse piles to
be located over abandoned openings to
permit abandoned mine openings to be
backfilled with inert non-acid
producing soil. The petitioner states
that: (1) The soil will extend
approximately 25 feet into the mine and
at least 4 feet in all directions beyond
the limits of the mine opening; (2) the
existing mine openings are within the
foot print of INR’s North Rock Refuse
Area; (3) the mine openings are from the
Buffalo Mining Company’s No. 5 Mine;
(4) production at the mine ceased in
1972 and has been abandoned since
then; and (5) mine openings within the
foot print are up-dip from additional
openings outside of the foot print of the
refuse area, and are dry. The petitioner
further states that: (1) There is
significant flow coming out of mine
openings down-dip from the refuse area;
(2) the entries down-dip of the refuse
areas will be left open to allow drainage
to continue and not impound water; (3)
any exposed coal seam along the mine
bench will be covered with soil to at
least 4 feet above the seam; (4) a riprap
rock underdrain connected to the
underdrain of the refuse fill will be
installed along the mine openings
consisting of durable sandstone
wrapped in filter fabric; (5) one 12-inch
SDR–11 high density polyethylene pipe
will placed at the mine opening with
the lowest elevation; (6) the
combination of the underdrain and pipe
will serve to handle localized drainage;
and (7) breaker rock coal refuse will be
placed in the fill in accordance with the
approved West Virginia Department of
Environmental Protection Surface
Mining Control and Reclamation Act
permit. The petitioner asserts that since
the existing mine is abandoned, this
plan will provide the same measure of
protection for the miners as the existing
standard.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. E8–23186 Filed 10–1–08; 8:45 am]
BILLING CODE 4510–43–P

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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2008–0040]

Vehicle-Mounted Elevating and
Rotating Work Platforms (Aerial Lifts);
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:

SUMMARY: OSHA solicits comments
concerning its proposal to extend OMB
approval of the information collection
requirement contained in the Standard
on Vehicle-Mounted Elevating and
Rotating Work Platforms (Aerial Lifts)
(29 CFR 1910.67). The purpose of the
requirement is to reduce employees’ risk
of death or serious injury by ensuring
that aerial lifts are in safe operating
condition.

Comments must be submitted
(postmarked, sent, or received) by
December 1, 2008.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2008–0040, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–2625, 200 Constitution
Avenue, NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 8:15 a.m. to 4:45 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the ICR (OSHA–
2008–0040). All comments, including
any personal information you provide,
are placed in the public docket without
change, and may be made available
online at http://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
DATES:

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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices
Participation’’ heading in the section of
this notice titled ‘‘Supplementary
Information.’’
Docket: To read or download
comments or other material in the
docket, go to http://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the http://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:

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I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the Act
or for developing information regarding
the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
Manufacturer’s Certification of
Modifications (paragraph (b)(2)). The
Standard requires that when aerial lifts
are ‘‘field modified’’ for uses other than
those intended by the manufacturer, the
manufacturer or other equivalent entity,

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such as a nationally recognized testing
laboratory, must certify in writing that
the modification is in conformity with
all applicable provisions of ANSI
A92.2–1969 and the OSHA standard
and that the modified aerial lift is at
least as safe as the equipment was
before modification. Employers are to
maintain the certification record and
make it available to OSHA compliance
officers. This record provides assurance
to employers, employees, and
compliance officers that the modified
aerial lift is safe for use, thereby,
preventing failure while employees are
being elevated. The certification record
also provides the most efficient means
for the compliance officers to determine
that an employer is complying with the
Standard.
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirement contained in the
Standard on Vehicle-Mounted Elevating
and Rotating Work Platforms (Aerial
Lifts) (29 CFR 1910.67). The Agency
wishes to retain its current estimate of
21 burden hours. The Agency will
summarize the comments submitted in
response to this notice and will include
this summary in the request to OMB.
Type of Review: Extension of a
currently approved collection.
Title: Vehicle-Mounted Elevating and
Rotating Work Platforms (Aerial Lifts)
(29 CFR 1910.67).
OMB Number: 1218–0230.
Affected Public: Business or other forprofits; Not-for-profit organizations;
Federal Government; State, Local, or
Tribal Government.
Number of Respondents: 1,000.
Frequency of Response: On occasion.
Average Time Per Response: Ranges
from 1 minute (.02 hour) to maintain the
manufacturer’s certification record to 2

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57385

minutes (.03 hour) to disclose the record
to an OSHA Compliance Officer.
Estimated Total Burden Hours: 21.
Estimated Cost (Operation and
Maintenance): $0.
IV. Public Participation—Submission of
Comments on this Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2008–0040).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ‘‘ADDRESSES’’). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350 (TTY (877) 889–
5627).
Comments and submissions are
posted without change at http://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the http://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download through this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available through the Web site, and for
assistance in using the Internet to locate
docket submissions.
V. Authority and Signature
Edwin G. Foulke, Jr., Assistant
Secretary of Labor for Occupational

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57386

Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices

Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 5–2007 (72 FR 31159).
Signed at Washington, DC, on September
23rd, 2008.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–23134 Filed 10–1–08; 8:45 am]
BILLING CODE 4510–26–P

NUCLEAR REGULATORY
COMMISSION
[Docket No. NRC–2008–0359]

Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.

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AGENCY:

SUMMARY: The NRC has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number. The NRC published a Federal
Register Notice with a 60-day comment
period on this information collection on
July 7, 2008.
1. Type of submission, new, revision,
or extension: Revision.
2. The title of the information
collection: 10 CFR Part 74—Material
Control and Accounting of Special
Nuclear Material.
3. Current OMB approval number:
3150–0123.
4. The form number if applicable: Not
applicable.
5. How often the collection is
required: Submission is a one-time
requirement which has been completed
by all current licensees. However,
licensees may submit amendments or
revisions to the plans as necessary. In
addition, specified inventory and
material status reports are required
annually or semi-annually. Other
reports are submitted as events occur.
6. Who is required or asked to report:
Persons licensed under 10 CFR 70 who
possess and use certain forms and

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quantities of Special Nuclear Material
(SNM).
7. An estimate of the number of
annual responses: 21.
8. The estimated number of annual
respondents: 19.
9. An estimate of the total number of
hours needed annually to complete the
requirement or request: An annual total
of 8,589 hours (989 hours for reporting
and 7,600 hours for recordkeeping). The
average annual burden per respondent
for reporting is 47 hours. The average
annual burden per recordkeeping for the
110 record keepers is 61 hours.
10. Abstract: 10 CFR Part 74
establishes requirements for material
control and accounting of SNM, and
specific performance-based regulations
for licensees authorized to possess, use
and produce strategic special nuclear
material, and special nuclear material of
moderate strategic significance and low
strategic significance. The information
is used by the NRC to make licensing
and regulatory determinations
concerning material control and
accounting of special nuclear material
and to satisfy obligations of the United
States to the International Atomic
Energy Agency (IAEA). Submission or
retention of the information is
mandatory for persons subject to the
requirements.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC World Wide Web
site: http://www.nrc.gov/public-involve/
doc-comment/omb/index.html. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice. Comments
and questions should be directed to the
OMB reviewer listed below by
November 3, 2008. Comments received
after this date will be considered if it is
practical to do so, but assurance of
consideration cannot be given to
comments received after this date.
Nathan J. Frey, Office of Information
and Regulatory Affairs (3150–0123),
NEOB–10202, Office of Management
and Budget, Washington, DC 20503.
Comments can also be e-mailed to
[email protected] or
submitted by telephone at (202) 395–
7345.
The NRC Clearance Officer is Russell
Nichols, (301) 415–6874.
Dated at Rockville, Maryland, this 24th day
of September 2008.

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For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–23231 Filed 10–1–08; 8:45 am]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
[Docket No. Stn 50–528]

Arizona Public Service Company, et
al.; Palo Verde Nuclear Generating
Station, Unit 1; Environmental
Assessment and Finding of No
Significant Impact
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of a temporary exemption from
Title 10 of the Code of Federal
Regulations (10 CFR) Part 50, Section
50.46 and 10 CFR 50, Appendix K, for
Facility Operating License No. NPF–41,
issued to Arizona Public Service
Company (APS, the licensee), for
operation of the Palo Verde Nuclear
Generating Station (PVNGS), Unit 1,
located in Maricopa County, Arizona.
Therefore, as required by 10 CFR 51.21,
the NRC is issuing this environmental
assessment and finding of no significant
impact.
Environmental Assessment
Identification of the Proposed Action
The proposed action would allow the
use of up to eight lead fuel assemblies
(LFAs) manufactured by AREVA NP
with fuel rods clad with M5 to be
inserted into the PVNGS, Unit 1 reactor
core during operating Cycles 15, 16, and
17.
The proposed action is in accordance
with the licensee’s request for
exemption dated March 8, 2008, as
supplemented by letter dated September
10, 2008.
The Need for the Proposed Action
The proposed temporary exemption is
needed to allow the use of M5 LFAs by
APS to evaluate cladding for future fuel
assemblies that may need to be of a
more robust design than current fuel
assemblies to allow for possibly higher
duty or extended burnup. The
regulations specify standards and
acceptance criteria only for fuel rods
clad with Zircaloy or ZIRLO. Consistent
with 10 CFR 50.46, a temporary
exemption is required to use fuel rods
clad with an advanced alloy that is not
Zircaloy or ZIRLO. Therefore, the
licensee needs a temporary exemption
to insert up to eight LFAs containing
new cladding material into the PVNGS,

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