38250 Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Notices 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice of petitions for 

modification of existing mandatory 

safety standards. 

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 August 4, 2008. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic mail: StandardsPetitions@dol.gov. 

2. Facsimile: 1–202–693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2349, 

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 2349, Arlington, Virginia 22209, 

Attention: Patricia W. Silvey, Director, 

Office of Standards, Regulations, and 

Variances. 

We 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: 

Lawrence D. Reynolds, Office of 

Standards, Regulations, and Variances 

at 202–693–9449 (Voice), 

reynolds.lawrence@dol.gov (E-mail), or 

202–693–9441 (Telefax), or contact 

Barbara Barron at 202–693–9447 

(Voice), barron.barbara@dol.gov (Email), 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 modifications. 

II. Petitions for Modification 

Docket Number: M–2008–031–C. 

Petitioner: Blue Diamond Coal 

Company, P.O. Box 47, Slemp, 

Kentucky 41763. 

Mine: Mine #75, MSHA I.D. No. 15–

17478, located in Perry 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 check points 

(examination points) to be established 

in seven locations of the Parallel Twin 

Pines Intake Mains due to poor roof 

conditions that prevent foot travel. The 

petitioner proposes to establish 

examination points at certain points to 

evaluate airflow entering the Parallel 

Twin Pines Intake Mines and exiting the 

Parallel Twin Pines Intake Mains. The 

petitioner also proposes to establish 

ventilation check points between certain 

breaks of the Parallel Twin Pines Intake 

Mains. The petitioner states that due to 

adverse roof conditions and distance 

from active works it is impractical to 

expose personnel to traveling this area. 

The petitioner further states that no 

lesser degree of safety is ensured by 

traveling to both ends of the mains and 

verifying the adequate air volume and 

quality at the noted evaluation points 

and check 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 existing standard. 

Docket Number: M–2008–032–C. 

Petitioner: Double Bonus Coal 

Company, P.O. Box 414, Pineville, West 

Virginia 24874. 

Mine: No. 65 Mine, MSHA I.D. No. 

46–09020, located in Wyoming County, 

West Virginia. 

Regulation Affected: 30 CFR 75.1101–

1(b) (Deluge-type water spray systems). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit blow-off dust covers 

to be eliminated for nozzles on delugetype water spray systems. The petitioner 

proposes to conduct weekly inspections 

and functional tests of its complete 

deluge-type water spray system. The 

petitioner states that in view of the 

frequent inspections and functional 

testing of the system, the dust covers are 

not necessary because the nozzles can 

be maintained in an unclogged 

condition through weekly use, and it is 

burdensome to recap the large number 

of covers weekly after each inspection 

and functional test. The petitioner 

asserts that the proposed alternative 

method will at all times guarantee no 

less than the same measure of protection 

afforded by the existing standard. 

Jack Powasnik, 

Deputy Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. E8–15054 Filed 7–2–08; 8:45 am] 

BILLING CODE 4510–43–P 

NATIONAL COUNCIL ON DISABILITY 

Sunshine Act Meetings 

TYPE: Quarterly Meeting. 

DATES AND TIMES: 

July 14, 2008, 8:30 a.m.–4 p.m.; 

July 15, 2008, 8:30 a.m.–5 p.m.; 

July 16, 2008, 8:30 a.m.–4:15 p.m. 

LOCATION: Renaissance Seattle Hotel, 

515 Madison Street, Seattle, WA. 

STATUS: 

July 14, 2008, 8:30 a.m.–4 p.m.—Open; 

July 14, 2008, 4 p.m.–5 p.m.—Closed 

Executive Session; 

July 15, 2008, 8:30 a.m.–5 p.m.—Open; 

July 16, 2008, 8:30 a.m.–4:15 p.m.—

Open. 

AGENDA: Public Comment Sessions; 

Emergency Preparedness Panel; Air 

Carrier Access Act Panel; Discussions 

on the Americans with Disabilities Act 

Amendments Act of 2008, and 

Employment; Reports from the 

Chairperson, Council Members, and the 

Executive Director; Unfinished 

Business; New Business; 

Announcements; Adjournment. 

SUNSHINE ACT MEETING CONTACT: Mark S. 

Quigley, Director of External Affairs, 

NCD, 1331 F Street, NW., Suite 850, 

Washington, DC 20004; 202–272–2004 

(voice), 202–272–2074 (TTY), 202–272–

2022 (fax) 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Notices 38251 

AGENCY MISSION: NCD is an independent 

federal agency and is composed of 15 

members appointed by the President, by 

and with the advice and consent of the 

Senate. NCD provides advice to the 

President, Congress, and executive 

branch agencies promoting policies, 

programs, practices, and procedures that 

(A) guarantee equal opportunity for all 

individuals with disabilities, regardless 

of the nature or severity of the 

disability; and (B) to empower 

individuals with disabilities to achieve 

economic self-sufficiency, independent 

living, and inclusion and integration 

into all aspects of society. 

ACCOMMODATIONS: Those needing 

reasonable accommodations should 

notify NCD immediately. 

LANGUAGE TRANSLATION: In accordance 

with E.O. 13166, Improving Access to 

Services for Persons with Limited 

English Proficiency, those people with 

disabilities who are limited English 

proficient and seek translation services 

for this meeting should notify NCD 

immediately. 

Dated: June 26, 2008. 

Michael C. Collins, 

Executive Director. 

[FR Doc. 08–1407 Filed 6–30–08; 12:45 pm] 

BILLING CODE 6820–MA–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

Sunshine Act Meeting; Agenda 

TIME AND DATE: 9:30 a.m., Tuesday, July 

8, 2008 

PLACE: NTSB Conference Center, 429 

L’Enfant Plaza, SW., Washington, DC 

20594. 

STATUS: The one item is open to the 

public. 

MATTER TO BE CONSIDERED: 

8021 Highway Accident Report—

Motorcoach Override of Elevated Exit 

Ramp, Interstate 75, Atlanta, Georgia, 

March 2, 2007 (HWY–07–MH–015). 

NEWS MEDIA CONTACT: Telephone: (202) 

314–6100. 

Individuals requesting specific 

accommodations should contact 

Rochelle Hall at (202) 314–6305 by 

Thursday, July 3, 2008. 

The public may view the meeting via 

a live or archived Webcast by accessing 

a link under ‘‘News & Events’’ on the 

NTSB home page at http:// 

www.ntsb.gov. 

FOR FURTHER INFORMATION CONTACT: 

Vicky D’Onofrio, (202) 314–6410. 

Dated: Monday, June 30, 2008. 

Candi R. Bing, 

Federal Register Liaison Officer. 

[FR Doc. E8–15248 Filed 7–2–08; 8:45 am] 

BILLING CODE 7533–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–33820] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for Amendment of 

Byproduct Materials License No. 13–

26640–01, for Unrestricted Release of a 

Facility in Evansville, IN 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Peter J. Lee, PhD, CHP, Health Physicist, 

Decommissioning Branch, Division of 

Nuclear Materials Safety, Region III, 

U.S. Nuclear Regulatory Commission, 

2443 Warrenville Road, Lisle, Illinois 

60532; telephone: (630) 829–9870; fax 

number: (630) 515–1259; or by e-mail at 

Peter.Lee@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend Byproduct Materials License No. 

13–26640–01. The license is held by the 

Covance Clinical Research Unit, Inc. 

(the Licensee), now located at 617 

Oakley Street, Evansville, Indiana. 

Issuance of the amendment would 

authorize release of the Licensee’s 

facility, located at 800 St. Mary’s Drive, 

Evansville, Indiana (the Facility) for 

unrestricted use. The Licensee 

requested this action in NRC FORM 313 

dated February 1, 2008. The NRC has 

prepared an Environmental Assessment 

(EA) in support of this proposed action 

in accordance with the requirements of 

Title 10, Code of Federal Regulations 

(CFR), Part 51 (10 CFR Part 51). Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate with respect to 

the proposed action. The amendment 

will be issued to the Licensee following 

the publication of this FONSI and EA in 

the Federal Register. 

II. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

the Licensee’s February 1, 2008 request, 

resulting in release of the Facility for 

unrestricted use. License No. 13–26640–

01 was issued on August 16, 1995, 

pursuant to 10 CFR Part 35, and has 

been amended periodically since that 

time. The license authorizes the use of 

by-product materials (carbon-14 and 

hydrogen-3) in human research studies. 

Need for the Proposed Action 

The Licensee has ceased conducting 

licensed activities at the Facility and 

seeks the unrestricted use of its Facility. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

activities conducted at the Facility 

shows that such activities involved use 

of the following radionuclides with halflives greater than 120 days: hydrogen-3 

and carbon-14, and that use of these 

materials at the Facility ceased in early 

January 2008. Prior to performing the 

final status survey, the Licensee 

conducted decontamination activities, 

as necessary, in the areas of the Facility 

affected by these radionuclides. 

The Licensee completed final status 

surveys at the Facility on January 22, 

2008. The final status survey report was 

attached to the Licensee’s amendment 

request dated February 1, 2008. The 

Licensee elected to demonstrate 

compliance with the radiological 

criteria for unrestricted release as 

specified in 10 CFR 20.1402 using 

release criteria for building surfaces 

based on NUREG–1556, Volume 7, 

‘‘Program-Specific Guidance About 

Academic, Research and Development, 

and Other Licenses of Limited Scope 

Including Gas Chromatographs and XRay Fluorescence Analyzers—Final 

Report,’’ Appendix Q, ‘‘Radiation Safety 

Survey Topics.’’ These release criteria 

are the same as the radionuclidespecific dose-based release criteria, 

described in NUREG–1757, 

‘‘Consolidated NMSS Decommissioning 

Guidance,’’ Volume 2. These values 

provide acceptable levels of surface 

contamination to demonstrate 

compliance with the NRC requirements 

in Subpart E of 10 CFR Part 20 for 

unrestricted release. The Licensee’s 

final status survey results were below 

these values and are in compliance with 

the As Low As Reasonably Achievable 

(ALARA) requirement of 10 CFR 

20.1402. The NRC thus finds that the 

Licensee’s final status survey results are 

acceptable. 

Based on its review, the staff has 

determined that the affected 

environment and any environmental 

impacts associated with the proposed 

action are bounded by the impacts 

evaluated by the ‘‘Generic 

mstockstill on PROD1PC66 with NOTICES