23748 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

Drilled Coalbed Methane Wells with 

Horizontal Branches in Coal Seams: 

Breached Surface Articulated Horizontal 

Borehole (SAHB) Mine Through Plan: 

(1) Breached SAHB’s will be ventilated 

in accordance with all State and Federal 

regulations; (2) legs that are open after 

mining through may have an effective 

plug installed into the coal rib to 

prevent an excess of methane into the 

mined area. An effective plug is any 

material that impedes the flow of 

methane and water. Typically, a 

hydraulic packer is used to plug the 

hole but cement or grout may be 

substituted. The hole is plugged when 

typical face ventilation will not suffice 

and the potential for methane 

accumulation exists, usually occurring 

immediately after cut through; (3) 

typically, open legs are breached several 

times during development mining, 

which allows the segmented hole to be 

ventilated and eliminates methane 

storage capacity; (4) should a situation 

occur where a breached leg continues to 

produce methane and cannot be 

ventilated, the hole will be water 

infused again. Water infusion will take 

place underground using mine water at 

standard operating pressure. The hole 

will remain infused until it is 

determined that it may be safely bled off 

and ventilated or it is breached during 

secondary mining; and (5) when the 

trunk line of a SAHB has not been 

severed, a negative pressure surface 

pump connected to the SAHB may be 

used to ventilate the hole. 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–2009–006–C. 

Petitioner: Spartan Mining Company, 

P.O. Box 1120, Holden, West Virginia 

25625. 

Mine: Road Fork No. 51 Mine, MSHA 

I.D. No. 46–01544, located in Wyoming 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1700 

(Oil and gas wells). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance when: (1) Mining 

within 75 feet of a horizontal wellbore; 

(2) when initially mining through a 

horizontal wellbore; and (3) when 

subsequently mining through horizontal 

wellbores, using the specific procedures 

listed in this petition for modification. 

The petitioner states that; (1) no person 

shall be permitted in the area of the 

mine-through operation except those 

actually engaged in the operation, 

company personnel, personnel from 

MSHA, and personnel from the 

appropriate West Virginia agency; (2) 

the mine-through operation shall be 

under the direct supervision of a 

certified official; and (3) prior to mining 

through the first lateral wellbore of a 

coalbed methane well and a well which 

has already had at least one lateral 

wellbore mined through, Spartan will 

verify that any water that is present will 

be bailed from the vertical section of the 

wellbore, as close to the coal seam 

elevation as practical, using normal 

bailing equipment; and (4) the surface 

wellhead will be maintained opened to 

bring the vertical section of the wellbore 

to outside atmosphere pressure. A 

complete description of the procedures 

the petitioner will use in implementing 

its modification can be reviewed at the 

MSHA address listed in this notice. 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–2009–007–C. 

Petitioner: Black Butte Coal Company, 

P.O. Box 98, Point of Rocks, Wyoming 

82942. 

Mine: Black Butte and Leucite Hills 

Mines, MSHA I.D. No. 48–01180, 

located in Sweetwater County, 

Wyoming. 

Regulation Affected: 30 CFR 

77.1304(a) (Blasting agents; special 

provisions). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of 

commercially recycled petroleum-based 

lubrication oil that is commercially 

mixed with unused No. 2 fuel oil to 

create a blasting agent. The petitioner 

states that the mixed oil is purchased in 

batches of approximately 8,000 to 

10,000 gallons and is not mixed with 

ammonium nitrate prill until the 

Ammonium Nitrate-Fuel Oil (ANFO) 

components are placed in a blasting 

hole. The petitioner asserts that the 

proposed alternative method would at 

all times guarantee no less than the 

same measure of protection afforded by 

the existing standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–11674 Filed 5–19–09; 8:45 am] 

BILLING CODE 4510–43–P 

LEGAL SERVICES CORPORATION 

Sunshine Act Meeting of the Board of 

Directors 

TIME AND DATE: The Board of Directors 

of the Legal Services Corporation will 

meet on May 26, 2009 via conference 

call. The meeting will begin at 11 a.m. 

(EDT), and continue until conclusion of 

the Board’s agenda. 

LOCATION: 3333 K Street, NW., 

Washington, DC 20007, 3rd Floor 

Conference Room. 

STATUS OF MEETING: Open. Directors 

will participate by telephone conference 

in such a manner as to enable interested 

members of the public to hear and 

identify all persons participating in the 

meeting. Members of the public may 

observe the meeting by joining 

participating staff at the location 

indicated above. 

MATTERS TO BE CONSIDERED: 1. Approval 

of the agenda. 

2. Consider and act on Board of 

Directors’ response to the Inspector 

General’s Semiannual Report to 

Congress for the period of October 1, 

2008 through March 31, 2009. 

3. Consider and act on other business. 

4. Public comment. 

CONTACT PERSON FOR INFORMATION: 

Katherine Ward, Executive Assistant to 

the Vice President for Legal Affairs, at 

(202) 295–1500. 

SPECIAL NEEDS: Upon request, meeting 

notices will be made available in 

alternate formats to accommodate visual 

and hearing impairments. Individuals 

who have a disability and need an 

accommodation to attend the meeting 

may notify Katherine Ward, at (202) 

295–1500. 

Dated: May 15, 2009. 

Victor M. Fortuno, 

Vice President for Legal Affairs, General 

Counsel & Corporate Secretary. 

[FR Doc. E9–11916 Filed 5–18–09; 4:15 pm] 

BILLING CODE 7050–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Sunshine Act; Notice of Matter To Be 

Deleted From the Agenda of a 

Previously Announced Agency 

Meeting 

TIME AND DATE: 11:15 a.m., Thursday, 

May 21, 2009. 

PLACE: Board Room, 7th Floor, Room 

7047, 1775 Duke Street, Alexandria, VA 

22314–3428. 

STATUS: Closed. 

MATTER TO BE DELETED: 3. Personnel (1). 

Closed pursuant to some or all of the 

following: Exemptions (2) and (6). 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23749 

FOR FURTHER INFORMATION CONTACT: 

Mary Rupp, Secretary of the Board, 

Telephone: 703–518–6304. 

Mary Rupp, 

Board Secretary. 

[FR Doc. E9–11843 Filed 5–18–09; 11:15 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0154] 

Criteria for Identifying Materials 

Licensees for the U.S. Nuclear 

Regulatory Commission’s Agency 

Action Review Meeting 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is announcing the 

completion and availability of the new 

criteria for identifying nuclear materials 

licensees for discussion at the Agency 

Action Review Meeting (AARM). The 

new criteria may be found in SECY–08– 

0135 in the Agencywide Documents 

Access and Management System 

(ADAMS) Accession Number: 

(ML082480564) or in the supplementary 

information below. 

ADDRESSES: A copy of SECY–08–0135 is 

available for inspection and/or copying 

for a fee in the NRC Public Document 

Room (PDR), 11555 Rockville Pike, 

Rockville, Maryland. Publicly available 

documents related to this notice are 

available electronically through the 

NRC’s Electronic Reading Room at 

http://www.nrc.gov/NRC/reading-rm/ 

adams.html. From this site, the public 

can gain entry into ADAMS, which 

provides text and image files of NRC’s 

public documents. If there are problems 

in accessing the documents located in 

ADAMS, contact the PDR Reference 

staff at 1–800–397–4209, 301–415–4737 

or by e-mail to pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Duane White, Division of Materials 

Safety and State Agreements, Office of 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

(301) 415–6272, e-mail: 

Duane.White@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In 2002, NRC developed a process for 

providing information on significant 

nuclear materials issues and adverse 

licensee performance. This process was 

provided in SECY–02–0216, ‘‘Proposed 

Process for Providing Information on 

Significant Nuclear Materials Issues and 

Adverse Licensee Performance,’’ dated 

December 11, 2002 (ADAMS Accession 

Number: ML022410435). As part of this 

process, criteria were developed to 

identify nuclear material licensees with 

significant performance problems that 

will be discussed at the AARM. These 

criteria may be found in Table 1 of 

SECY–02–0216. 

The AARM is an agency meeting that 

allows senior NRC managers (1) to 

review agency actions resulting from the 

performance of nuclear reactor licensees 

for those nuclear power plants with 

significant performance problems as 

determined by the reactor oversight 

process (ROP) action matrix, (2) to 

review results of the staff’s assessment 

of ROP effectiveness, (3) to review 

industry performance trends, and (4) to 

review agency actions concerning fuel 

cycle facilities and other nuclear 

materials licensees (including 

Agreement State licensees) with 

significant performance problems. 

In 2008, the NRC staff developed new 

criteria to be used in identifying nuclear 

material licensees with significant 

performance problems that will be 

discussed at the AARM. The agency will 

continue to identify nuclear material 

licensees with significant performance 

problems based on operating 

performance, inspection results, and 

judgment of the severity of the safety 

performance problems. However, the 

new criteria provide additional clarity 

and incorporate NRC’s current policy 

and procedures. The criteria were 

submitted to the Commission for 

information in SECY–08–0135. 

Discussion 

New Criteria for Identifying Nuclear 

Materials Licensees for the AARM 

The new criteria for identifying 

nuclear materials licensees for 

discussion at the AARM are as follows: 

(1) Strategic Plan—Licensee has an 

event that results in the failure to meet 

a strategic outcome for safety and 

security in the NRC strategic plan 

(NUREG–1614); or 

(2) Significant Issue or Event— 

Licensee has an issue or event that 

results in: (a) An Abnormal Occurrence 

Report to Congress (per NRC 

Management Directive 8.1), or (b) a 

severity level I or II violation, as 

described in the NRC Enforcement 

Policy (including equivalent violations 

dispositioned by Alternative Dispute 

Resolution), or (c) a level III or higher 

International Nuclear Event Scale 

Report to the International Atomic 

Energy Agency (per NRC Management 

Directive 5.12), and there are unique or 

unusual aspects of the licensee’s 

performance that warrant additional 

NRC oversight (e.g., a significant event, 

which requires an incident investigation 

team (IIT) or augmented inspection team 

(AIT)); or 

(3) Performance Trend—Licensee has 

multiple and/or repetitive significant 

program issues identified over more 

than one inspection or inspection 

period, and the issues resulted in a 

severity level I, II, or III violation, as 

described in the NRC Enforcement 

Policy (including equivalent violations 

dispositioned by Alternative Dispute 

Resolutions (ADR)), and there are 

unique or unusual aspects of the 

licensee’s performance that warrant 

additional NRC oversight (e.g., oversight 

panel formed for order implementation). 

You can find NRC’s strategic plan 

(NUREG–1614) and the referenced 

management directives and enforcement 

policy on NRC’s public document 

collections Web page at http:// 

www.nrc.gov/reading-rm/doccollections/. 

Public Comments on the Proposed 

Criteria 

The proposed criteria for identifying 

nuclear materials licensees with 

significant performance issues were 

published on March 17, 2008 (73 FR 

14278). The comment period ended on 

May 1, 2008. The NRC received one 

public comment on the proposed 

criteria. This commenter indicated that 

it supported the proposed criteria and 

requested clarification or modification 

as to why category 3 ‘‘Performance 

Trend’’ of the criteria explicitly 

references NRC’s ADR as an element of 

the enforcement process but, category 2 

‘‘Significant Issues’’ does not reference 

ADR. Also, the commenter indicated, 

for clarity, that the title of criterion 2 

should be changed to ‘‘Significant Issue 

or Event’’ to reflect NRC’s intent to 

include both issues and events. In 

response to these comments, the 

proposed criteria were revised by 

changing the title for category 2 to 

‘‘Significant Issue or Event’’ and adding 

a reference to ADR in category 2 of the 

criteria. 

Dated at Rockville, Maryland, this 12th day 

of May 2009. 

James G. Luehman, 

Deputy Director, Division of Materials Safety 

and State Agreements. 

[FR Doc. E9–11704 Filed 5–19–09; 8:45 am] 

BILLING CODE 7590–01–P