81312 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

Costs. This covenant not to sue is 

conditioned upon the complete and 

satisfactory performance by the Debtor 

of its obligations under the Agreement. 

The covenant not to sue applies only to 

the Debtor and does not prevent the 

United States from suing other persons. 

Additionally, the covenant not to sue is 

limited to Section 107 actions under 

CERCLA related to Past Response Costs; 

the United States reserves its rights to 

all other claims against the Debtor. The 

Debtor also covenants not to sue or to 

assert any claims against the United 

States with respect to Past Response 

Costs. 

For a period of 30 days from the date 

of this publication, the Department of 

Justice will receive comments relating to 

the Agreement. Comments should be 

addressed to the Assistant Attorney 

General, Environment and Natural 

Resources Division, and either e-mailed 

to pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044, and should refer to In re Erving 

Industries, Inc., Case No. 09–30623 

(Bankr. D. Mass) and D.J. Ref. No. 90– 

11–3–1728/2. A copy of the comments 

should be sent to Catherine Adams 

Fiske, Department of Justice, 

Environmental Enforcement Section, 

One Gateway Center, Suite 616, 

Newton, MA 02458 or e-mailed to her 

at addie.fiske@usdoj.gov. 

The Agreement may be examined at 

the Office of the United States Attorney, 

District of Massachusetts, 595 Main St # 

206, Worcester, MA 01608–2025. During 

the public comment period, the 

Agreement may also be examined on the 

following Department of Justice website, 

http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Agreement may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy of the Agreement from 

the Consent Decree Library, please 

enclose a check in the amount of $2.75 

(25 cents per page reproduction cost) 

payable to the U.S. Treasury (if the 

request is by fax or email, forward a 

check to the Consent Decree library at 

the address stated above). 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 2010–32378 Filed 12–23–10; 8:45 am] 

BILLING CODE 4410–15–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

[OMB Number 1140–0028] 

Agency Information Collection 

Activities: Proposed Collection; 

Comments Requested 

ACTION: 30-Day Notice of Information 

Collection Under Review: Inventories, 

Licensed Explosives Importers, 

Manufacturers, Dealers, and Permittees. 

The Department of Justice (DOJ), 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives (ATF) will be submitting 

the following information collection 

request to the Office of Management and 

Budget (OMB) for review and approval 

in accordance with the Paperwork 

Reduction Act of 1995. The proposed 

information collection is published to 

obtain comments from the public and 

affected agencies. This proposed 

information collection was previously 

published in the Federal Register 

Volume 75, Number 204, page 65381 on 

October 22, 2010, allowing for a 60 day 

comment period. 

The purpose of this notice is to allow 

for an additional 30 days for public 

comment until January 26, 2011. This 

process is conducted in accordance with 

5 CFR 1320.10. 

Written comments and/or suggestions 

regarding the items contained in this 

notice, especially the estimated public 

burden and associated response time, 

should be directed to The Office of 

Management and Budget, Office of 

Information and Regulatory Affairs, 

Attention Department of Justice Desk 

Officer, Washington, DC 20503. 

Additionally, comments may be 

submitted to OMB via facsimile to (202) 

395–5806. 

Written comments and suggestions 

from the public and affected agencies 

concerning the proposed collection of 

information are encouraged. Your 

comments should address one or more 

of the following four points: 

—Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

—Evaluate the accuracy of the agencies 

estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

—Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

—Minimize the burden of the collection 

of information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms 

of information technology, e.g., 

permitting electronic submission of 

responses. 

Overview of This Information 

Collection 

(1) Type of Information Collection: 

Extension of a currently approved 

collection. 

(2) Title of the Form/Collection: 

Inventories, Licensed Explosives 

Importers, Manufacturers, Dealers, and 

Permittees. 

(3) Agency form number, if any, and 

the applicable component of the 

Department of Justice sponsoring the 

collection: Form Number: ATF REC 

5400/1. Bureau of Alcohol, Tobacco, 

Firearms and Explosives. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: Business or other forprofit. Other: none. Abstract: The 

records show the explosive material 

inventories of those persons engaged in 

various activities within the explosive 

industry and are used by the 

government as initial figures from 

which an audit trail can be developed 

during the course of a compliance 

inspection or criminal investigation. 

Licensees and permittees shall keep 

records on the business premises for 

five years from the date a transaction 

occurs or until discontinuance of 

business or operations by licensees or 

permittees. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: There will be an estimated 

13,106 respondents, who will complete 

the records within approximately 2 

hours. 

(6) An estimate of the total burden (in 

hours) associated with the collection: 

There are an estimated 26,212 total 

burden hours associated with this 

collection. 

If additional information is required 

contact: Lynn Murray, Department 

Clearance Officer, United States 

Department of Justice, Policy and 

Planning Staff, Justice Management 

Division, Two Constitution Square, 

Room 2E–502, 145 N Street, NE., 

Washington, DC 20530. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81313 

Dated: December 20, 2010. 

Lynn Murray, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. 2010–32324 Filed 12–23–10; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of Existing 

Mandatory Safety Standards 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR Part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of petitions for modification 

filed by the parties listed below to 

modify the application of existing 

mandatory safety standards published 

in Title 30 of the Code of Federal 

Regulations. 

DATES: All comments on the petitions 

must be received by the Office of 

Standards, Regulations and Variances 

on or before January 26, 2011. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 1–202–693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

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– 

3939, 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 copies of the 

petitions 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), barron.barbara@dol.gov 

(E-mail), or 202–693–9441 (Telefax). 

[These are not toll-free numbers]. 

SUPPLEMENTARY INFORMATION: 

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 modification. 

II. Petitions for Modification 

Docket Number: M–2010–037–C. 

Petitioner: Lone Mountain Processing, 

Inc., Drawer C, St. Charles, Virginia 

24282. 

Mine: Huff Creek No. 1 Mine, MSHA 

I.D. No. 15–17234, located in Harlan 

County, Kentucky. 

Regulation Affected: 30 CFR 

75.364(b)(2) (Weekly examination). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit at least one entry of 

each return air course to be examined in 

its entirety so that the entire air course 

is traveled every 7 days, due to adverse 

roof, rock falls, and floor heave 

conditions in the return entry in the CMains resulting from multi-seam mining 

and unfavorable geological conditions. 

The petitioner proposes to: (1) Establish 

two evaluation points for weekly 

evaluation of the affected area, located 

at break 42 and break 64 in the C-Mains 

panel to monitor air quality and 

quantity entering and exiting the 

affected area; (2) have a certified person 

examine each of the evaluation points at 

least every 7 days, including: (i) 

Examine for hazards on the approaches 

to and at the evaluation points; (ii) 

evaluate and measure the quality and 

quantity of air flowing past the 

evaluation points; (iii) measure the air 

quality for methane, oxygen, and carbon 

monoxide concentrations using an 

approved hand-held device; (iv) 

measure air quantity using an 

appropriately calibrated anemometer. 

Methane gas or other harmful, noxious, 

or poisonous gases will not be permitted 

to accumulate in excess of legal limits 

for a return air course; (iv) immediately 

examine and evaluate the evaluation 

points where there is an increase of 0.5 

percent methane above the previous 

reading or a 10 percent unplanned 

change in the airflow quantity from the 

previous reading to determine the cause; 

(v) take appropriate corrective action 

and determine a new initial airflow to 

serve as the basis for subsequent 

evaluations; (vi) provide a date board at 

each evaluation point where the 

certified examiner will record the date, 

time, his or her initials, and the 

measured quantity and quality of the air 

entering the affected area; and (vii) 

record the results of each weekly 

examination in a book maintained on 

the surface. (3) submit an annual 

ventilation map that will show the 

permanent ventilation controls and 

evaluation points in accordance with 30 

CFR 75.372; and (4) maintain in safe 

condition at all times, all evaluation 

points and approaches to the evaluation 

points, and adequately support the roof 

by suitable means to prevent 

deterioration in the vicinity of the 

evaluation points. The petitioner asserts 

that the proposed alternative method 

will at all times guarantee no less than 

the same measure of protection afforded 

by the appropriate portion of the 

existing standard. 

Docket Number: M–2010–038–C. 

Petitioner: Enlow Fork Mining 

Company, 1000 Consol Energy Drive, 

Canonsburg, Pennsylvania 15317. 

Mine: Enlow Fork Mine, MSHA I.D. 

No. 46–07416, located in Greene 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance) and 18.35(a)(5)(i) and (ii) 

(Portable trailing cables and cords). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the maximum length 

of trailing cables to be increased to 900 

feet for supplying power to loading 

machines used in the Enlow Fork Mine. 

The petitioner states that: 

(1) Longwall development panels are 

being developed at the mine as part of 

a continuing mining cycle; (2) the 

longwall development panels consist of 

a three-entry system with 275-foot deep 

cuts to improve roof and abutment 

pressure control during longwall 

mining; (3) ventilation is improved by 

limiting the number of stoppings, which 

have a built-in ventilation pressure loss 

factor; (4) this petition will only apply 


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