### 54162 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Proposed Rules

determined that it is not a significant energy action under that order because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects under Executive Order 13211 is not required.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq. ), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this action does not contain collection information requirements for purposes of the PRA. Executive Order 12988 (Civil Justice Reform)

This action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children)

The FHWA has analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this action would not concern an environmental risk to health or safety that might disproportionately affect children. Executive Order 12630 (Taking of Private Property)

The FHWA does not anticipate that this action would affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. National Environmental Policy Act

The agency has analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4347) and has determined that it would not have any effect on the quality of the environment. Regulation Identification Number
A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda.
List of Subjects in 23 CFR Part 655

Design standards, Grant programs— transportation, Highways and roads, Incorporation by reference, Signs, Traffic regulations.

Issued on: August 23, 2011. Victor M. Mendez,
Administrator.

In consideration of the foregoing, the FHWA proposes to amend title 23, Code of Federal Regulations part 655 as follows:

**PART 655—TRAFFIC OPERATIONS**

1. The authority citation for part 655 continues to read as follows:

Authority: 23 U.S.C. 101(a), 104, 109(d), 114(a), 217, 315, and 402(a); 23 CFR 1.32; and, 49 CFR 1.48(b).

**Subpart F—Traffic Control Devices on Federal-Aid and Other Streets and**  **Highways—[Amended]**

2. Revise § 655.601(a), to read as follows:

**§ 655.601 Purpose.**
* * * * *

(a) Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), 2009 Edition, with Revision(s) number

lll [revision number to be inserted] incorporated, FHWA, dated

llll [date to be inserted]. This publication is incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and is on file 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/ code

_ of

_ federal

_ regulations/ ibr

_ locations.html. It is available for inspection and copying at the Federal Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590, telephone 202–366–1993, as provided in 49 CFR part 7. The text is also available from the FHWA Office of Operations Web site at: http// mutcd.fhwa.dot.gov.
* * * * * [FR Doc. 2011–22006 Filed 8–30–11; 8:45 am]

**BILLING CODE 4910–22–P**

**DEPARTMENT OF THE INTERIOR**

**Bureau of Indian Affairs**

**25 CFR Chapter I**

**No Child Left Behind School Facilities and Construction Negotiated**  **Rulemaking Committee—Notice of Meeting** 

**AGENCY :**  Bureau of Indian Affairs, Interior.

**ACTION :**  Notice of meeting.

**SUMMARY :**  In accordance with the Federal Advisory Committee Act, the Bureau of Indian Affairs is announcing that the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee will hold its seventh and final meeting in Washington, DC. The purpose of the meeting is to finalize the language and appearance of a final report to Congress and the Secretary as required under the No Child Left Behind Act of 2001.

**DATES :**  The Committee’s seventh meeting will begin at 8 a.m. on September 19, 2011, and end at 12:30 p.m. on September 22, 2011.

**ADDRESSES :**  The meeting will be held at the Residence Inn Capitol Marriott, 333 E Street, SW., Washington, DC 20024.

**FOR FURTHER INFORMATION CONTACT :**  The Designated Federal Official, Michele F. Singer, Director, Office of Regulatory Affairs and Collaborative Action, Office of the Assistant Secretary—Indian Affairs, 1001 Indian School Road, NW., Suite 312, Albuquerque, NM 87104; telephone (505) 563–3805; fax (505)
563–3811.

**SUPPLEMENTARY INFORMATION :**  The No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee was established to prepare and submit to the Secretary a catalog of the conditions at Bureau-funded schools, and to prepare reports covering: The school replacement and new construction needs at Bureau-funded school facilities; a formula for the equitable distribution of funds to address those needs; a list of major and minor renovation needs at those facilities; and a formula for equitable distribution of funds to address those needs. The reports are to be submitted to Congress and to the Secretary. The Committee also expects to draft


### 54163 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Proposed Rules

proposed regulations covering construction standards for heating, lighting, and cooling in home-living (dormitory) situations.

The following items will be on the agenda:

• Review all suggestions and feedback from five tribal consultation sessions and comment period;

• Discuss and reach consensus on all final recommendations in the reports;

• Finalize language and appearance of final report;

• Discuss implementation proposals for all committee recommendations;

• Meet with and share recommendations with Department of the Interior, Bureau of Indian Affairs, Bureau of Indian Education, and Congressional Officials; and

• Public comments. Written comments may be sent to the Designated Federal Official listed in the
**FOR FURTHER INFORMATION CONTACT** section above. All meetings are open to the public; however, transportation, lodging, and meals are the responsibility of the participating public.

Dated: August 24, 2011. Donald E. Laverdure, Principal Deputy Assistant Secretary—Indian Affairs.
[FR Doc. 2011–22302 Filed 8–30–11; 8:45 am]

**BILLING CODE 4310–W7–P**

**DEPARTMENT OF LABOR**

**Mine Safety and Health Administration**

**30 CFR Part 75**

**RIN 1219–AB65**
**Proximity Detection Systems for Continuous Mining Machines in**  **Underground Coal Mines**

**AGENCY :**  Mine Safety and Health Administration, Labor.

**ACTION :**  Proposed rule; notice of public hearings.

**SUMMARY :**  The Mine Safety and Health Administration (MSHA) is proposing to require underground coal mine operators to equip continuous mining machines (except full-face continuous mining machines) with proximity detection systems. Miners working near continuous mining machines face pinning, crushing, and striking hazards that have resulted, and continue to result, in accidents involving life threatening injuries and death. The proposal would strengthen the protections for miners by reducing the potential for pinning, crushing, or striking accidents in underground coal mines. **DATES :**  Comment date: All comments must be received or postmarked by midnight Eastern Standard Time on November 14, 2011.

Compliance dates: See proposed compliance dates under the
**SUPPLEMENTARY INFORMATION** section.

Hearing dates: Hearings will be held on October 18, 2011, October 20, 2011, and October 25, 2011, at the locations listed in the **SUPPLEMENTARY**
**INFORMATION** section of this document.

**ADDRESSES :**  Comments, requests to speak, and informational materials for the rulemaking record may be sent to MSHA by any of the following methods. Clearly identify all submissions in the subject line of the message with ‘‘RIN 1219–AB65’’.

• Federal E-Rulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting
comments.

• Facsimile: 202–693–9441.

• Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Blvd., Room 2350, Arlington, VA 22209–3939. For hand delivery, sign in at the receptionist’s desk on the 21st floor. Information Collection Requirements

Comments concerning the information collection requirements of this proposed rule must be clearly identified with ‘‘RIN 1219–AB65’’ and sent to both the Office of Management and Budget (OMB) and MSHA. Comments to OMB may be sent by mail addressed to the Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, 725 17th Street, NW., Washington, DC 20503, Attn: Desk Officer for MSHA. Comments to MSHA may be transmitted by any of the methods listed above in this section.

**FOR FURTHER INFORMATION CONTACT :**  Roslyn B. Fontaine, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at fontaine.roslyn@dol.gov (e-mail), 202– 693–9440 (voice), or 202–693–9441 (facsimile).

**SUPPLEMENTARY INFORMATION :** 
I. Introduction

A. Availability of Information B. Public Hearings C. Information Collection Supporting

Statement D. Proposed Compliance Dates II. Discussion of Proposed Rule

A. Background B. Section-by-Section Analysis III. Preliminary Regulatory Economic Analysis A. Executive Orders (E.O.) 12866 and

13563 B. Population at Risk C. Benefits D. Compliance Costs E. Net Benefits IV. Feasibility

A. Technological Feasibility B. Economic Feasibility V. Regulatory Flexibility Act and Small Business Regulatory Enforcement Fairness Act A. Definition of a Small Mine B. Factual Basis for Certification VI. Paperwork Reduction Act of 1995

A. Summary B. Procedural Details VII. Other Regulatory Considerations

A. The Unfunded Mandates Reform Act of

1995 B. Executive Order 13132: Federalism C. The Treasury and General Government

Appropriations Act of 1999: Assessment of Federal Regulations and Policies on Families D. Executive Order 12630: Government

Actions and Interference With Constitutionally Protected Property Rights E. Executive Order 12988: Civil Justice

Reform F. Executive Order 13045: Protection of

Children From Environmental Health Risks and Safety Risks G. Executive Order 13175: Consultation

and Coordination With Indian Tribal Governments H. Executive Order 13211: Actions

Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use VIII. References

I. Introduction A. Availability of Information

Public Comments: MSHA posts all comments without change, including any personal information provided. Access comments electronically on http://www.regulations.gov and on http://www.msha.gov/ currentcomments.asp. Review comments in person at the Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia. Sign in at the receptionist’s desk on the 21st floor.

E-mail notification: MSHA maintains a list that enables subscribers to receive e-mail notification when the Agency publishes rulemaking documents in the Federal Register. To subscribe, go to http://www.msha.gov/subscriptions/ subscribe.aspx. B. Public Hearings

MSHA will hold three public hearings on the proposed rule to provide the public with an opportunity to present their views on this rulemaking. The public hearings will begin at 9 a.m. MSHA is holding the hearings on the following dates at the locations indicated: