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 


Emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Proposed Rules 54163 

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: 


Emcdonald on DSK2BSOYB1PROD with PROPOSALS