55800 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Proposed Rules 

4. Section 20.31 is amended by 

adding paragraphs (e) and (f) to read as 

follows: 

§ 20.31 Responsibilities. 

* * * * * 

(e) The FBI may routinely establish 

and collect fees for non-criminal justice 

identification services as authorized by 

federal law. These fees apply to federal, 

state and any other authorized entities 

requesting name checks for noncriminal justice purposes. 

(1) The Director of the FBI shall 

review the amount of the fee 

periodically, but not less than every four 

years, to determine the current cost of 

processing name checks for noncriminal justice purposes. 

(2) Fee amounts and any revisions 

thereto shall be determined by current 

costs, using a method of analysis 

consistent with widely accepted 

accounting principles and practices, and 

calculated in accordance with the 

provisions of 31 U.S.C. 9701 and other 

federal law as applicable. 

(3) Fee amounts and any revisions 

thereto shall be published as a notice in 

the Federal Register. 

(f) The FBI will collect a fee for 

providing non-criminal name-based 

background checks of the FBI Central 

Records System through the National 

Name Check Program pursuant to the 

authority in Public Law 101–515 and in 

accordance with paragraphs (e)(1), (2) 

and (3) of this section. 

Dated: September 18, 2008. 

Robert S. Mueller, III, 

Director, Federal Bureau of Investigation. 

[FR Doc. E8–22710 Filed 9–25–08; 8:45 am] 

BILLING CODE 4410–02–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 56, 57, and 66 

RIN 1219–AB41 

Alcohol- and Drug-Free Mines: Policy, 

Prohibitions, Testing, Training, and 

Assistance 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Proposed rule; notice of public 

hearing; extension of comment period. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) will hold a 

public hearing on its proposed rule to 

amend the existing metal and nonmetal 

standards for the possession and use of 

intoxicating beverages and narcotics and 

make the new standard applicable to all 

mines. The proposed rule would also 

require those who violate the 

prohibitions to be removed from the 

performance of safety-sensitive job 

duties until they successfully complete 

the recommended treatment and their 

alcohol- and drug-free status is 

confirmed by a return-to-duty test. 

DATES: All comments must be received 

by midnight Eastern Daylight Savings 

Time on October 29, 2008. 

MSHA will hold a public hearing on 

October 14, 2008. The SUPPLEMENTARY

INFORMATION section of this notice 

includes details of the hearing. 

ADDRESSES: Comments must be clearly 

identified with ‘‘RIN 1219–AB41’’ and 

may be sent by any of the following 

methods: 

(1)Federal e-Rulemaking Portal: http: 

//www.regulations.gov. Follow the 

instructions for submitting comments. 

(2) Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219– 

AB41’’ in the subject line of the 

message. 

(3) Facsimile: 202–693–9441. Include 

‘‘RIN 1219–AB41’’ in the subject line of 

the message. 

(4) Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939. 

(5) Hand Delivery or Courier: MSHA, 

Office of Standards, Regulations, and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia. Sign in 

at the receptionist’s desk on the 21st 

floor. 

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 Boulevard, 

Room 2350, Arlington, Virginia. Sign in 

at the receptionist’s desk on the 21st 

floor. 

FOR FURTHER INFORMATION CONTACT: 

Patricia W. Silvey, 

patricia.silvey@dol.gov (E-mail), 202– 

693–9440 (Voice). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 8, 2008 (73 FR 52136), 

MSHA published a proposed rule in the 

Federal Register that would amend the 

existing metal and nonmetal standards 

concerning the use of intoxicating 

beverages and narcotics and would 

make the new standard applicable to all 

mines. The proposed rule would 

designate the substances that cannot be 

possessed on mine property or used 

while performing safety-sensitive job 

duties, except when used according to 

a valid prescription. Mine operators 

would be required to establish an 

alcohol- and drug-free mine program, 

which includes a written policy, 

employee education, supervisory 

training, alcohol- and drug-testing for 

miners that perform safety-sensitive job 

duties and their supervisors, and 

referrals for assistance for miners and 

supervisors who violate the policy. The 

proposed rule would also require those 

who violate the prohibitions to be 

removed from the performance of safetysensitive job duties until they 

successfully complete the recommended 

treatment and their alcohol- and drugfree status is confirmed by a return-toduty test. 

II. Public Hearing 

MSHA will hold a public hearing on 

the proposed rule. The public hearing 

will begin at 9 a.m. Eastern Daylight 

Savings Time (EDST). The public 

hearing will be held via Web cast at 

three locations. The hearing will end at 

5 p.m. EDST, or after the last speaker 

speaks. The hearing will be held on the 

following date at the locations and times 

indicated: 

Date Location Contact information 

October 14, 2008 .... Via Webcast: 9 a.m. Eastern Daylight Savings Time ........... Office of Standards, Regulations and Variances 202–693– 

9440. 

Cisco Washington DC, 1300 Pennsylvania Avenue, NW., 

Suite 250, Washington, DC 20004, POC: Mic Keith 202– 

354–2904 (main bldg phone).

October 14, 2008 .... Via Webcast: 9 a.m. Eastern Daylight Savings Time ........... Office of Standards, Regulations and Variances 202–693– 

9440. 

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Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Proposed Rules 55801 

Date Location Contact information 

Cisco Pittsburgh, 323 North Shore Drive, Pittsburgh, PA 

15212, POC: Tom Schweizer, 412–237–6200 (main bldg 

phone).

October 14, 2008 .... Via Webcast: 7 a.m. Mountain Daylight Savings Time ......... Office of Standards, Regulations and Variances 202–693– 

9440. 

Cisco Englewood (Denver), 9155 East Nichols Avenue, 

Suite 400, Englewood, Colorado 80112, 720–875–2900 

(main bldg phone), POC: Shannon Gonzales.

Persons may participate via audio 

only at the following locations. At these 

locations persons will not be able to 

make oral presentations. 

Date Location Contact information 

October 14, 2008 .... Via Audio: 9 a.m. Eastern Daylight Savings Time ................ Office of Standards, Regulations and Variances 202–693– 

9440. 

The National Mine Health and Safety Academy, 1301 Airport Road, Beaver, WV 25813.

October 14, 2008 .... Via Audio: 8 a.m. Central Daylight Savings Time ................. Office of Standards, Regulations and Variances 202–693– 

9440. 

Coal Mine Safety and Health, Coal District 11 Office, 135 

Gemini Circle, Suite 213, Birmingham, AL 35209.

Persons will need an ID to enter all 

locations and may be subject to a 

security check. 

The hearing will begin with an 

opening statement from MSHA, 

followed by an opportunity for members 

of the public to make oral presentations. 

Requests to speak at the hearing 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), electronic 

mail zzMSHA-comments@dol.gov or 

mail (MSHA, Office of Standards, 

Regulations, and Variances, 1100 

Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939). 

Because members of the public will be 

able to make oral presentations via 

videoconference at several locations, for 

scheduling purposes, MSHA encourages 

all parties wishing to speak to notify the 

Agency in advance. 

Any unallocated time at the end of the 

hearing will be made available to 

persons making same-day requests to 

speak. Same-day requestors will speak 

in the order that they sign in at the 

hearing. At the discretion of the 

presiding official, the time allocated to 

each speaker for their presentation may 

be limited. Speakers and other attendees 

may also present information 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 hearing panel may ask 

questions of speakers. Speakers may ask 

questions of the hearing panel. MSHA 

will make a transcript of the hearing, 

post it on MSHA’s Web site http:// 

www.msha.gov, and include it in the 

rulemaking record. A link to the 

complete webcast will be placed on 

MSHA’s Web site several days after the 

hearing. 

MSHA will accept post-hearing 

written comments and data for the 

record from any interested party, 

including those not presenting oral 

statements, by midnight Eastern 

Daylight Savings Time on October 29, 

2008. 

Dated: September 22, 2008. 

Richard E. Stickler, 

Acting Assistant Secretary for Mine Safety 

and Health. 

[FR Doc. E8–22679 Filed 9–23–08; 4:15 pm] 

BILLING CODE 4510–43–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2006–24488] 

Federal Motor Vehicle Safety 

Standards; Low Speed Vehicles 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Denial of petition for 

reconsideration. 

SUMMARY: This document responds to a 

petition for reconsideration of our 2006 

final rule increasing the maximum gross 

vehicle weight rating (GVWR) for low 

speed vehicles (LSVs) to 3,000 pounds. 

The agency established a GVWR limit 

(initially set at 2,500 pounds) in order 

to provide an objective means to 

delineate between vehicles for which 

the limited LSV requirements are 

appropriate and those that can be 

designed to meet the full set of Federal 

motor vehicle safety standards. Our 

2006 final rule increased the limit to 

3,000 pounds, in order to accommodate 

the heavier weight of load-carrying 

LSVs and electric batteries. A petition 

for reconsideration was received from 

Electronic Transportation Applications 

(ETA), which seeks to further increase 

the GVWR limit for electric-powered 

LSVs to 4,000 pounds, as well as to add 

additional regulations to regulate 

braking performance and tire 

specifications. The agency is denying 

the petitioner’s request for the reasons 

discussed in this document. 

FOR FURTHER INFORMATION CONTACT: 

For technical issues: Gayle Dalrymple, 

Office of Crash Avoidance Standards, 

NVS–123, National Highway Traffic 

Safety Administration. Telephone: 202– 

366–5559. Facsimile: 202–493–2739, 

e-mail gayle.dalrymple@nhtsa.dot.gov. 

For legal issues: Mr. Ari J. Scott, 

NHTSA Office of the Chief Counsel. 

Telephone: (202) 366–2992. Facsimile: 

(202) 366–3820, e-mail 

ari.scott@nhtsa.dot.gov. 

Both officials can be reached by mail 

at the National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background of the LSV Rulemakings 

II. Petition for Reconsideration 

III. Agency Response 

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