Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations 71791 

(2) Those statements of policy and 

interpretations which have been 

adopted by the agency and are not 

published in the Federal Register; 

(3) Administrative staff manuals and 

instructions to staff that affect a member 

of the public; 

(4) Copies of all records, regardless of 

form or format, which have been 

released to any person under this 

subpart and which, because of the 

nature of their subject matter, the 

Commission has determined have 

become or are likely to become the 

subject of subsequent requests for 

substantially the same records; and 

(5) A general index of records referred 

to under this paragraph (a). 

(b) E–FOIA Reading Room. Materials 

created on or after November 1, 1996, 

under paragraphs (a)(1) through (5) of 

this section may also be accessed 

electronically through the Commission’s 

Web site at http://www.fmshrc.gov. 

■ 5. Revise § 2702.6 to read as follows: 

§ 2702.6 Fee schedule. 

(a) Search fee. The fee for searching 

for information and records shall be the 

salary rate (that is, basic pay plus 16%) 

of the employee making the search. This 

hourly rate is listed on the 

Commission’s Web site at http:// 

www.fmshrc.gov. Fees for searches of 

computerized records shall be the actual 

cost to the Commission, but shall not 

exceed $300 per hour. This fee includes 

machine time and that of the operator 

and clerical personnel. If search charges 

are likely to exceed $50, the requester 

shall be notified of the estimated 

amount of fees, unless the requester has 

indicated in advance his willingness to 

pay fees as high as those anticipated. 

Fees may be charged even if the 

documents are not located or if they are 

located but withheld on the basis of an 

exemption. 

(b) Review fee. The review fee shall be 

charged for the Chief FOIA Officer’s 

initial examination of documents 

located in response to a request in order 

to determine if they may be withheld 

from disclosure, and for the deletion of 

portions that are exempt from 

disclosure, but shall not be charged for 

review by the Chairman or the 

Commissioners. See § 2702.3. The 

review fee is the salary rate (that is, 

basic pay plus 16%) of the Chief FOIA 

Officer or the employee designated to 

perform the review. This hourly rate is 

listed on the Commission’s Web site at 

http://www.fmshrc.gov. 

(c) Duplicating fee. The copy fee for 

each page of paper up to 81⁄2′′ × 14′′ shall 

be $.15 per copy per page. Any private 

sector services required, including the 

fee for copying photographs and 

nonstandard documents, will be the 

actual direct cost incurred by the 

Commission. For copies prepared by 

computer, such as tapes or printouts, 

the Commission shall charge the actual 

cost, including operator time, of 

production of the tape or printout. For 

other methods of reproduction or 

duplication, the Commission will 

charge the actual direct costs of 

producing the document(s). If 

duplication charges are likely to exceed 

$50, the requester shall be notified of 

the estimated amount of fees, unless the 

requester has indicated in advance his 

willingness to pay fees as high as those 

anticipated. 

■ 6. In § 2702.7, revise paragraph (a) and 

paragraph (b)(2) to read as follows: 

§ 2702.7 No fees; waiver or reduction of 

fees. 

(a) No fees shall be charged to any 

requester, including commercial use 

requesters, if the anticipated cost of 

processing and collecting the fee would 

be equal or greater than the fee itself. 

Accordingly, the Commission has 

determined that fees of less than $20 

shall be waived. 

(b) * * * 

(2) The Chief FOIA Officer, upon 

request, shall determine whether a 

waiver or reduction of fees is warranted. 

Requests shall be made concurrently 

with requests for information under 

§ 2702.3. In accordance with the 

procedures set forth in § 2702.3, appeals 

of adverse decisions may be made to the 

Commission within 5 working days. 

Determination of appeals will be made 

by the Commission within 10 working 

days of receipt. 

Dated: December 14, 2007. 

Michael F. Duffy, 

Chairman, Federal Mine Safety and Health 

Review Commission. 

[FR Doc. E7–24599 Filed 12–18–07; 8:45 am] 

BILLING CODE 6735–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Part 75 

RIN 1219–AB52 

Sealing of Abandoned Areas 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Final rule; limited reopening of 

comment period; availability; notice of 

public hearing; close of comment 

period. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is reopening 

the comment period for the Emergency 

Temporary Standard (ETS) on sealing of 

abandoned areas of underground coal 

mines to provide commenters time to 

review and submit comments on the 

U.S. Army Corps of Engineers’ Draft 

Report ‘‘CFD [Computational Fluid 

Dynamics] Study and Structural 

Analysis of the Sago Mine Accident’’ 

(Report). 

DATES: All comments on the ETS 

published at 72 FR 28796, May 22, 

2007, and other appropriate data must 

be received by midnight, January 18, 

2008, Eastern Standard Time. MSHA 

will hold a public hearing on January 

15, 2008. Details about the public 

hearing are addressed in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

ADDRESSES: Comments must be clearly 

identified and may be submitted by any 

of the following methods: 

1. Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Electronic mail: zzMSHAComments@dol.gov. Include ‘‘RIN 

1219–AB52’’ in the subject line of the 

message. 

3. Telefax: (202) 693–9441. Include 

‘‘RIN 1219–AB52’’ in the subject. 

4. Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Blvd., Room 2350, 

Arlington, Virginia 22209–3939. 

5. Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Blvd., Room 

2350, Arlington, Virginia 22209–3939. 

Sign in at the receptionist’s desk on the 

21st floor. 

6. Docket: Comments can be accessed 

electronically at http://www.msha.gov 

under the ‘‘Rules and Regs’’ link. MSHA 

will post all comments on the Internet 

without change, including any personal 

information provided. Comments may 

also be reviewed at the Office of 

Standards, Regulations, and Variances, 

1100 Wilson Blvd., Room 2350, 

Arlington, Virginia. Sign in at the 

receptionist’s desk on the 21st floor. 

MSHA maintains a listserve that 

enables subscribers to receive e-mail 

notification when rulemaking 

documents are published in the Federal 

Register. To subscribe to the listserve, 

go to http://www.msha.gov/ 

subscriptions/subscribe.aspx. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, Director, Office of 

Standards, Regulations, and Variances, 

MSHA, 1100 Wilson Boulevard, Room 

2350, Arlington, Virginia 22209–3939. 

Ms. Silvey can be reached at 

Silvey.Patricia@dol.gov (Internet Email), (202) 693–9440 (voice), or (202) 

mstockstill on PROD1PC66 with RULES

71792 Federal Register / Vol. 72, No. 243 / Wednesday, December 19, 2007 / Rules and Regulations 

693–9441 (facsimile). This notice is 

available on the Internet at http:// 

www.msha.gov/REGSINFO.HTM. 

SUPPLEMENTARY INFORMATION: 

I. Background 

MSHA issued an Emergency 

Temporary Standard (ETS) on May 22, 

2007, (72 FR 28796), and extended the 

comment period to September 17, 2007. 

MSHA is seeking additional public 

comment on the Report. The Report 

summarizes the preliminary results of a 

study performed under contract (MSHA 

NO 1A–AR 6000012) for MSHA’s 

Technical Support Directorate 

(Technical Support) by the U.S. Army 

Corps of Engineers (USACE). The 

USACE conducted research and testing 

from August 2006 to April 2007. The 

USACE provided a draft of the Report of 

their findings to Technical Support in 

May of 2007. The Report details the 

USACE’s efforts to mathematically 

model the methane explosion at the 

Sago Mine and potentially establish the 

seal overpressures. The Report was not 

finalized. 

MSHA is expressly limiting 

comments to those which address the 

Report as it relates to the regulatory 

provisions in the ETS. The Report is 

available on the Internet at: http:// 

www.msha.gov/CFDSagoReport.pdf. 

This notice allows commenters 

sufficient time to review the Report and 

submit comments. All comments and 

other appropriate data must be received 

by midnight, January 18, 2008, Eastern 

Standard Time. 

II. Public Hearing 

In addition to accepting written 

comments, MSHA will hold a public 

hearing on the Report. The hearing will 

begin at 9 a.m. and will end after the last 

speaker speaks, on the following date 

and location: 

Date Location Phone 

January 15, 2008 .. Mine Safety and Health Administration, 1100 Wilson Blvd., 25th Floor, Conference Room, Arlington, Virginia 22209.202–693–9440 

Requests to speak should be made at 

least 5 days prior to the hearing date. 

Requests to speak may be made by 

telephone (202–693–9440), facsimile 

(202–693–9441), or mail (MSHA, Office 

of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209–

3939). Any unallocated time at the end 

of the hearing will be made available to 

persons making same-day requests to 

speak. 

The hearing will begin with an 

opening statement from MSHA, 

followed by an opportunity for members 

of the public to make oral presentations 

to the hearing panel. Speakers will be 

assigned in the order in which their 

requests are received. Speakers and 

attendees may present written 

information or other articles to the 

MSHA panel for inclusion in the 

rulemaking record. 

The hearing will be conducted in an 

informal manner. Formal rules of 

evidence and cross examination will not 

apply. The presiding official may limit 

presentations and exclude irrelevant or 

unduly repetitious material and 

questions to ensure the orderly progress 

of the hearing. The hearing panelists 

may ask questions of speakers. Speakers 

and other attendees may present written 

information to the MSHA panel for 

inclusion in the rulemaking record. 

MSHA will make the transcript 

available and will also post the 

transcript of the hearing on MSHA’s 

Web site at http://www.msha.gov, and 

include it in the rulemaking record. 

MSHA will accept comments and data 

for the record from any interested party, 

including those not presenting oral 

statements at the hearing. 

Dated: December 17, 2007. 

Richard E. Stickler, 

Assistant Secretary for Mine Safety and 

Health. 

[FR Doc. 07–6128 Filed 12–17–07; 2:31 pm] 

BILLING CODE 4510–43–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DOD–2007–OS–0117; RIN 0790–AH70] 

32 CFR Part 57 

Provision of Early Intervention and 

Special Education Services to Eligible 

DoD Dependents 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(DoD) school systems [DoD Dependents 

Schools (DoDDS) and the Defense 

Dependents Elementary and Secondary 

Schools (DDESS)] are required by law to 

provide services and safeguards to 

children with disabilities consistent 

with the ‘‘Individuals With Disabilities 

Education Act’’ (IDEA). This will bring 

the DoDDS and DDESS under a single 

rule codified at 32 CFR part 57. The rule 

integrates previous DoD policy 

memoranda. 

DATES: Effective Date: This rule is 

effective December 19, 2007. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Rebecca Posante, 703–602–4949 x114. 

SUPPLEMENTARY INFORMATION: On June 

10, 2004 (69 FR 32662), the Department 

of Defense published an interim final 

rule. No comments were received. The 

final rule had not been published sooner 

due to legal constraints. This rule 

adopts the rule as published. 

See 20 U.S.C. 927(c) (concerning 

DoDDS) and 10 U.S.C. 2164(f) 

(concerning DDESS). This final rule 

updates and amends the DoD 

implementation of the IDEA within the 

DoD school systems, as follows: 

Requires the DoD Education Activity to 

report annually on the rate special 

education students (a) participate in 

system-wide or alternative testing, (b) 

are disciplined, (c) are suspended, or (d) 

are expelled; and requires the DoD 

Education Activity to compare these 

rates with students who are not 

disabled; clarifies requirements for three 

year re-evaluation of special education 

students; requires individualized 

education programs (IEPs) to consider 

special circumstances in the IEP; 

strengthens the requirement for the 

school system notice to parents about 

change of placement or refusal for 

change of placement; strengthens the 

protections for students with a disability 

when facing disciplinary action that 

might result in suspension or expulsion; 

requires the schools to provide special 

education in an interim alternative 

educational setting for special education 

students who have been suspended or 

expelled from school; strengthens 

requirements for documenting 

behavioral intervention when 

disciplining special education students; 

clarifies the students who must be 

treated as students with a disability 

when considering disciplinary action 

that may result in suspension or 

expulsion; allows the use of 

paraprofessionals and assistants (e.g., 

Certified Occupational Therapy 

Assistants, Physical Therapy Assistants) 

to assist in the provision of early 

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