57384 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices 

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 2350, 

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 2350, Arlington, Virginia 22209, 

Attention: Patricia W. Silvey, Director, 

Office of Standards, Regulations, and 

Variances. 

MSHA 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 copy of the 

petition and comments during normal 

business hours at the address listed 

above. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations, and Variances at 202–693– 

9447 (Voice), barron.barbara@dol.gov 

(E-mail), 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–2008–044–C. 

Petitioner: Summit Engineering, Inc., 

P.O. Box 130, 3016 Rt. 10, 

Chapmanville, West Virginia 25508 on 

behalf of INR–WV Operating, LLC. 

Mine: Saunders Prep. Plant, MSHA 

I.D. No. 46–02140, located in Logan 

County, West Virginia. 

Regulation Affected: 30 CFR 77.214(a) 

(Refuge piles; general). 

Modification Request: The petitioner 

requests a modification of the existing 

standard which prohibits refuse piles to 

be located over abandoned openings to 

permit abandoned mine openings to be 

backfilled with inert non-acid 

producing soil. The petitioner states 

that: (1) The soil will extend 

approximately 25 feet into the mine and 

at least 4 feet in all directions beyond 

the limits of the mine opening; (2) the 

existing mine openings are within the 

foot print of INR’s North Rock Refuse 

Area; (3) the mine openings are from the 

Buffalo Mining Company’s No. 5 Mine; 

(4) production at the mine ceased in 

1972 and has been abandoned since 

then; and (5) mine openings within the 

foot print are up-dip from additional 

openings outside of the foot print of the 

refuse area, and are dry. The petitioner 

further states that: (1) There is 

significant flow coming out of mine 

openings down-dip from the refuse area; 

(2) the entries down-dip of the refuse 

areas will be left open to allow drainage 

to continue and not impound water; (3) 

any exposed coal seam along the mine 

bench will be covered with soil to at 

least 4 feet above the seam; (4) a riprap 

rock underdrain connected to the 

underdrain of the refuse fill will be 

installed along the mine openings 

consisting of durable sandstone 

wrapped in filter fabric; (5) one 12-inch 

SDR–11 high density polyethylene pipe 

will placed at the mine opening with 

the lowest elevation; (6) the 

combination of the underdrain and pipe 

will serve to handle localized drainage; 

and (7) breaker rock coal refuse will be 

placed in the fill in accordance with the 

approved West Virginia Department of 

Environmental Protection Surface 

Mining Control and Reclamation Act 

permit. The petitioner asserts that since 

the existing mine is abandoned, this 

plan will provide the same measure of 

protection for the miners as the existing 

standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. E8–23186 Filed 10–1–08; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2008–0040] 

Vehicle-Mounted Elevating and 

Rotating Work Platforms (Aerial Lifts); 

Extension of the Office of Management 

and Budget’s (OMB) Approval of 

Information Collection (Paperwork) 

Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comment. 

SUMMARY: OSHA solicits comments 

concerning its proposal to extend OMB 

approval of the information collection 

requirement contained in the Standard 

on Vehicle-Mounted Elevating and 

Rotating Work Platforms (Aerial Lifts) 

(29 CFR 1910.67). The purpose of the 

requirement is to reduce employees’ risk 

of death or serious injury by ensuring 

that aerial lifts are in safe operating 

condition. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

December 1, 2008. 

ADDRESSES: Electronically: You may 

submit comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: When 

using this method, you must submit 

three copies of your comments and 

attachments to the OSHA Docket Office, 

Docket No. OSHA–2008–0040, U.S. 

Department of Labor, Occupational 

Safety and Health Administration, 

Room N–2625, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Deliveries (hand, express mail, 

messenger, and courier service) are 

accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m. to 4:45 p.m., 

e.t. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number for the ICR (OSHA– 

2008–0040). All comments, including 

any personal information you provide, 

are placed in the public docket without 

change, and may be made available 

online at http://www.regulations.gov. 

For further information on submitting 

comments see the ‘‘Public 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices 57385 

Participation’’ heading in the section of 

this notice titled ‘‘Supplementary 

Information.’’ 

Docket: To read or download 

comments or other material in the 

docket, go to http://www.regulations.gov 

or the OSHA Docket Office at the 

address above. All documents in the 

docket (including this Federal Register 

notice) are listed in the http:// 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through the Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

You may also contact Theda Kenney at 

the address below to obtain a copy of 

the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, Room 

N–3609, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of its 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance consultation 

program to provide the public with an 

opportunity to comment on proposed 

and continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 

desired format, reporting burden (time 

and costs) is minimal, collection 

instruments are clearly understood, and 

OSHA’s estimate of the information 

collection burden is accurate. The 

Occupational Safety and Health Act of 

1970 (the OSH Act) (29 U.S.C. 651 et 

seq.) authorizes information collection 

by employers as necessary or 

appropriate for enforcement of the Act 

or for developing information regarding 

the causes and prevention of 

occupational injuries, illnesses, and 

accidents (29 U.S.C. 657). The OSH Act 

also requires that OSHA obtain such 

information with minimum burden 

upon employers, especially those 

operating small businesses, and to 

reduce to the maximum extent feasible 

unnecessary duplication of efforts in 

obtaining information (29 U.S.C. 657). 

Manufacturer’s Certification of 

Modifications (paragraph (b)(2)). The 

Standard requires that when aerial lifts 

are ‘‘field modified’’ for uses other than 

those intended by the manufacturer, the 

manufacturer or other equivalent entity, 

such as a nationally recognized testing 

laboratory, must certify in writing that 

the modification is in conformity with 

all applicable provisions of ANSI 

A92.2–1969 and the OSHA standard 

and that the modified aerial lift is at 

least as safe as the equipment was 

before modification. Employers are to 

maintain the certification record and 

make it available to OSHA compliance 

officers. This record provides assurance 

to employers, employees, and 

compliance officers that the modified 

aerial lift is safe for use, thereby, 

preventing failure while employees are 

being elevated. The certification record 

also provides the most efficient means 

for the compliance officers to determine 

that an employer is complying with the 

Standard. 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

Agency’s functions, including whether 

the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirements, 

including the validity of the 

methodology and assumptions used; 

• The quality, utility, and clarity of 

the information collected; and 

• Ways to minimize the burden on 

employers who must comply; for 

example, by using automated or other 

technological information collection 

and transmission techniques. 

III. Proposed Actions 

OSHA is requesting that OMB extend 

its approval of the information 

collection requirement contained in the 

Standard on Vehicle-Mounted Elevating 

and Rotating Work Platforms (Aerial 

Lifts) (29 CFR 1910.67). The Agency 

wishes to retain its current estimate of 

21 burden hours. The Agency will 

summarize the comments submitted in 

response to this notice and will include 

this summary in the request to OMB. 

Type of Review: Extension of a 

currently approved collection. 

Title: Vehicle-Mounted Elevating and 

Rotating Work Platforms (Aerial Lifts) 

(29 CFR 1910.67). 

OMB Number: 1218–0230. 

Affected Public: Business or other forprofits; Not-for-profit organizations; 

Federal Government; State, Local, or 

Tribal Government. 

Number of Respondents: 1,000. 

Frequency of Response: On occasion. 

Average Time Per Response: Ranges 

from 1 minute (.02 hour) to maintain the 

manufacturer’s certification record to 2 

minutes (.03 hour) to disclose the record 

to an OSHA Compliance Officer. 

Estimated Total Burden Hours: 21. 

Estimated Cost (Operation and 

Maintenance): $0. 

IV. Public Participation—Submission of 

Comments on this Notice and Internet 

Access to Comments and Submissions 

You may submit comments in 

response to this document as follows: 

(1) Electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal; (2) by 

facsimile (FAX); or (3) by hard copy. All 

comments, attachments, and other 

material must identify the Agency name 

and the OSHA docket number for the 

ICR (Docket No. OSHA–2008–0040). 

You may supplement electronic 

submissions by uploading document 

files electronically. If you wish to mail 

additional materials in reference to an 

electronic or facsimile submission, you 

must submit them to the OSHA Docket 

Office (see the section of this notice 

titled ‘‘ADDRESSES’’). The additional 

materials must clearly identify your 

electronic comments by your name, 

date, and the docket number so the 

Agency can attach them to your 

comments. 

Because of security procedures, the 

use of regular mail may cause a 

significant delay in the receipt of 

comments. For information about 

security procedures concerning the 

delivery of materials by hand, express 

delivery, messenger, or courier service, 

please contact the OSHA Docket Office 

at (202) 693–2350 (TTY (877) 889– 

5627). 

Comments and submissions are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

personal information such as social 

security numbers and date of birth. 

Although all submissions are listed in 

the http://www.regulations.gov index, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this Web site. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov Web site to submit 

comments and access the docket is 

available at the Web site’s ‘‘User Tips’’ 

link. Contact the OSHA Docket Office 

for information about materials not 

available through the Web site, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

Edwin G. Foulke, Jr., Assistant 

Secretary of Labor for Occupational 

mstockstill on PROD1PC66 with NOTICES

57386 Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Notices 

Safety and Health, directed the 

preparation of this notice. The authority 

for this notice is the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506 

et seq.) and Secretary of Labor’s Order 

No. 5–2007 (72 FR 31159). 

Signed at Washington, DC, on September 

23rd, 2008. 

Edwin G. Foulke, Jr. 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–23134 Filed 10–1–08; 8:45 am] 

BILLING CODE 4510–26–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. NRC–2008–0359] 

Agency Information Collection 

Activities: Submission for the Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The NRC has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. The NRC published a Federal 

Register Notice with a 60-day comment 

period on this information collection on 

July 7, 2008. 

1. Type of submission, new, revision, 

or extension: Revision. 

2. The title of the information 

collection: 10 CFR Part 74—Material 

Control and Accounting of Special 

Nuclear Material. 

3. Current OMB approval number: 

3150–0123. 

4. The form number if applicable: Not 

applicable. 

5. How often the collection is 

required: Submission is a one-time 

requirement which has been completed 

by all current licensees. However, 

licensees may submit amendments or 

revisions to the plans as necessary. In 

addition, specified inventory and 

material status reports are required 

annually or semi-annually. Other 

reports are submitted as events occur. 

6. Who is required or asked to report: 

Persons licensed under 10 CFR 70 who 

possess and use certain forms and 

quantities of Special Nuclear Material 

(SNM). 

7. An estimate of the number of 

annual responses: 21. 

8. The estimated number of annual 

respondents: 19. 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: An annual total 

of 8,589 hours (989 hours for reporting 

and 7,600 hours for recordkeeping). The 

average annual burden per respondent 

for reporting is 47 hours. The average 

annual burden per recordkeeping for the 

110 record keepers is 61 hours. 

10. Abstract: 10 CFR Part 74 

establishes requirements for material 

control and accounting of SNM, and 

specific performance-based regulations 

for licensees authorized to possess, use 

and produce strategic special nuclear 

material, and special nuclear material of 

moderate strategic significance and low 

strategic significance. The information 

is used by the NRC to make licensing 

and regulatory determinations 

concerning material control and 

accounting of special nuclear material 

and to satisfy obligations of the United 

States to the International Atomic 

Energy Agency (IAEA). Submission or 

retention of the information is 

mandatory for persons subject to the 

requirements. 

A copy of the final supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC World Wide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. Comments 

and questions should be directed to the 

OMB reviewer listed below by 

November 3, 2008. Comments received 

after this date will be considered if it is 

practical to do so, but assurance of 

consideration cannot be given to 

comments received after this date. 

Nathan J. Frey, Office of Information 

and Regulatory Affairs (3150–0123), 

NEOB–10202, Office of Management 

and Budget, Washington, DC 20503. 

Comments can also be e-mailed to 

Nathan_J._Frey@omb.eop.gov or 

submitted by telephone at (202) 395– 

7345. 

The NRC Clearance Officer is Russell 

Nichols, (301) 415–6874. 

Dated at Rockville, Maryland, this 24th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Gregory Trussell, 

Acting NRC Clearance Officer, Office of 

Information Services. 

[FR Doc. E8–23231 Filed 10–1–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. Stn 50–528] 

Arizona Public Service Company, et 

al.; Palo Verde Nuclear Generating 

Station, Unit 1; Environmental 

Assessment and Finding of No 

Significant Impact 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuance of a temporary exemption from 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 50, Section 

50.46 and 10 CFR 50, Appendix K, for 

Facility Operating License No. NPF–41, 

issued to Arizona Public Service 

Company (APS, the licensee), for 

operation of the Palo Verde Nuclear 

Generating Station (PVNGS), Unit 1, 

located in Maricopa County, Arizona. 

Therefore, as required by 10 CFR 51.21, 

the NRC is issuing this environmental 

assessment and finding of no significant 

impact. 

Environmental Assessment 

Identification of the Proposed Action 

The proposed action would allow the 

use of up to eight lead fuel assemblies 

(LFAs) manufactured by AREVA NP 

with fuel rods clad with M5 to be 

inserted into the PVNGS, Unit 1 reactor 

core during operating Cycles 15, 16, and 

17. 

The proposed action is in accordance 

with the licensee’s request for 

exemption dated March 8, 2008, as 

supplemented by letter dated September 

10, 2008. 

The Need for the Proposed Action 

The proposed temporary exemption is 

needed to allow the use of M5 LFAs by 

APS to evaluate cladding for future fuel 

assemblies that may need to be of a 

more robust design than current fuel 

assemblies to allow for possibly higher 

duty or extended burnup. The 

regulations specify standards and 

acceptance criteria only for fuel rods 

clad with Zircaloy or ZIRLO. Consistent 

with 10 CFR 50.46, a temporary 

exemption is required to use fuel rods 

clad with an advanced alloy that is not 

Zircaloy or ZIRLO. Therefore, the 

licensee needs a temporary exemption 

to insert up to eight LFAs containing 

new cladding material into the PVNGS, 

mstockstill on PROD1PC66 with NOTICES