Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Notices 64993

5. Canyon Fuel Company, LLC

[Docket No. M–2001–102–C]

Canyon Fuel Company, LLC, P.O. Box

1029, Wellington, Utah 84542 has filed

a petition to modify the application of

30 CFR 75.1001–1(a) (location of other

electric equipment; requirements for

permissibility) to its Dugout Canyon

Mine (I.D. No. 42–01890) located in

Carbon County, Utah. The petitioner

proposes to use the following nonpermissible low-voltage or battery

powered electronic testing and

diagnostic equipment in by the last

open crosscut: Lap top computers,

oscilloscopes, vibration analysis

machines, cable fault detectors, point

temperature probes, infrared

temperature devices and recorders,

pressure and flow measurement devices,

signal analyzer devices, ultrasonic

thickness gauges, electronic component

testers, and electronic tachometers, and

may use other testing and diagnostic

equipment if approved by the District

Office. The petitioner states that all

other test and diagnostic equipment use

in or in by the last open crosscut will

be permissible. The petitioner has listed

in this petition for modification specific

procedures that would be followed

when using this equipment. The

petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

the existing standard.

6. Consol Pennsylvania Coal Company

[Docket No. M–2001–103–C]

Consol Pennsylvania Coal Company,

Consol Plaza, 1800 Washington Road,

Pittsburgh, Pennsylvania 15241–1421

has filed a petition to modify the

application of 30 CFR 75.312 (c) and (d)

(main mine fan examinations and

records) to its Enlow Fork Mine (I.D. No.

36–07416) located in Greene County,

Pennsylvania. The petitioner requests a

modification of the standard to permit

testing of the automatic closing door(s)

and the automatic fan signal device at

least every 31 days without shutting

down the fan and without removing

miners from the mine. The petitioner

asserts that the proposed alternative

method would provide at least the same

measure of protection as the existing

standard.

7. Oxbow Mining, Inc.

[Docket No. M–2001–104–C]

Oxbow Mining, Inc., 3737 Hwy 133,

P.O. Box 535, Somerset, Colorado 81434

has filed a petition to modify the

application of 30 CFR 75.1002 (location

of trolley wires, trolley feeder wires,

high-voltage cables and transformers) to

its Elk Creek Mine (I.D. No. 05–04674)

located in Gunnison County, Colorado.

The petitioner proposes to use a 2,400-

volt longwall power circuit in the active

pillar workings. The petitioner has

listed in this petition specific

procedures for implementing its

proposed alternative method. The

petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

the existing standard and has listed

specific procedures in this petition for

modification for implementing the

alternative method.

8. Oxbow Mining, Inc.

[Docket No. M–2001–105–C]

Oxbow Mining, Inc., 3737 Hwy 133,

P.O. Box 535, Somerset, Colorado 81434

has filed a petition to modify the

application of 30 CFR 75.804(a)

(underground high-voltage cables) to its

Elk Creek Mine (I.D. No. 05–04674)

located in Gunnison County, Colorado.

The petitioner requests a modification

of the standard to allow the use of a No.

16 A.W.G. ground check conductor in a

high-voltage cable. The petitioner

proposes to use the following flameresistant cables on the high-voltage

longwall system(s): Anaconda Type

SHD+GC, Pirelli Type SHD–Center–GC,

Tiger Brand Type SHD–CGC, and other

brands of cable of identical

construction. The petitioner asserts that

these brands of cable utilize a flexible

No. 16 A.W.G. ground check conductor

for the ground continuity check circuit

and that the proposed alternative

method would provide at least the same

measure of protection as the existing

standard.

9. FMC Westvaco

[Docket No. M–2001–005–M]

FMC Westvaco, FMC Corporation,

Box 872, Green River, Wyoming 82935

has filed a petition to modify the

application of 30 CFR 57.22305

(approved equipment (III mines)) to its

FMC Trona Mine (I.D. No. 48–00152)

located in Sweetwater County,

Wyoming. The petitioner requests a

modification of the standard to permit

the use of portable low power 0.5–2.0

watt radios for communication in face

areas. The petitioner proposes to use

(Audiovox, or equivalent) radios inby

the last open break or face areas of the

time to improve communications,

conduct examinations to test for

methane in the mine atmosphere at least

every ten minutes before using the

radios in the face area, and instruct all

mine employees in the petition

requirements and complete training

forms before using the radios. The

petitioner states that these radios would

not be used where methane is 1.0

percent or more, or in the same mining

section where blasting is taking place.

The petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

the existing standard.

Request for Comments

Persons interested in these petitions

are encouraged to submit comments via

e-mail to ‘‘comments@msha.gov,’’ or on

a computer disk along with an original

hard copy to the Office of Standards,

Regulations, and Variances, Mine Safety

and Health Administration, 4014

Wilson Boulevard, Room 627,

Arlington, Virginia 22203. All

comments must be postmarked or

received in that office on or before

January 16, 2002. Copies of these

petitions are available for inspection at

that address.

Dated at Arlington, Virginia this 10th day

of December 2001.

David L. Meyer,

Director, Office of Standards, Regulations,

and Variances.

[FR Doc. 01–30940 Filed 12–14–01; 8:45 am]

BILLING CODE 4510–43–M

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

Nixon Presidential Historical Materials;

Opening of Materials

AGENCY: National Archives and Records

Administration.

ACTION: Notice of opening of materials.

SUMMARY: This notice announces the

opening of additional Nixon

presidential historical materials. Notice

is hereby given that, in accordance with

section 104 of Title I of the Presidential

Recordings and Materials Preservation

Act (PRMPA, 44 U.S.C. 2111 note) and

section 1275.42(b) of the PRMPA

Regulations implementing the Act (36

CFR Part 1275), the agency has

identified, inventoried, and prepared for

public access approximately 494 hours

of Nixon White House tape recordings

among the Nixon Presidential historical

materials.

DATES: The National Archives and

Records Administration (NARA) intends

to make the materials described in this

notice available to the public beginning

February 28, 2002. In accordance with

36 CFR 1275.44, any person who

believes it necessary to file a claim of

legal right or privilege concerning

access to these materials should notify

the Archivist of the United States in

writing of the claimed right, privilege,

64994 Federal Register / Vol. 66, No. 242 / Monday, December 17, 2001 / Notices

or defense on or before January 16,

2002.

ADDRESSES: The materials will be made

available to the public at the National

Archives at College Park research room,

located at 8601 Adelphi Road, College

Park, Maryland, beginning at 8:45 a.m.

on February 28, 2002.

In accordance with 36 CFR 1275.44,

petitions asserting a legal or

constitutional right or privilege which

would prevent or limit access must be

sent to the Archivist of the United

States, National Archives at College

Park, 8601 Adelphi Road, College Park,

Maryland 20740–6001.

FOR FURTHER INFORMATION CONTACT: Karl

Weissenbach, Director, Nixon

Presidential Materials Staff, 301–713–

6950.

SUPPLEMENTARY INFORMATION: NARA is

proposing to open approximately 4,125

conversations which were recorded at

the Nixon White House from January

1972 to June 1972. These tape segments

total approximately 425 hours of

listening time. In addition, the National

Archives is proposing to open 360

declassified segments of conversations

recorded in the Cabinet Room at the

Nixon White House from February

1971—July 1973. These segments total

approximately 69 hours of listening

time. These previously restricted

segments were reviewed for release and

declassified in accordance with the

mandatory review provisions of

Executive Order 12958 and 36 CFR

1275.56 (Public Access Regulations.).

This is the ninth opening of Nixon

White House tapes since 1980. Previous

releases included conversations

constituting ‘‘abuses of governmental

power’’ and conversations recorded in

the Cabinet Room of the Nixon White

House. The tapes now being proposed

for opening consist of the third of five

segments comprising the remaining

hours of conversations, processed for

release in chronological order starting

with February 1971.

There are no transcripts for these

tapes. Tape logs, prepared by NARA, are

offered for public access as a finding aid

to the tape segments and a guide for the

listener. There is a separate tape log

entry for each segment of conversation

released. Self-service copying of the

tapes will be permitted. Researchers

must bring their own recording

equipment and blank tapes. Each tape

log entry includes the names of

participants; date, time, and location of

the conversation; and an outline of the

content of the conversation.

The tape recordings will be made

available to the general public in the

research room at 8601 Adelphi Road,

College Park, Maryland, Monday

through Friday between 8:45 a.m. and

4:30 p.m. Researchers must have a

NARA researcher card, which they may

obtain when they arrive at the facility.

Listening stations will be available for

public use on a first come, first served

basis. NARA reserves the right to limit

listening time in response to heavy

demand. Copies of the tape log will be

available for a fee in accordance with 36

CFR 1258.12.

Dated: December 11, 2001.

John W. Carlin,

Archivist of the United States.

[FR Doc. 01–30983 Filed 12–14–01; 8:45 am]

BILLING CODE 7515–01–U

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–277 and 50–278]

Exelon Generation Company, LLC,

PSEG Nuclear LLC, Peach Bottom

Atomic Power Station, Units 2 and 3;

Exemption

1.0 Background

Exelon Generation Company, LLC

(Exelon) and PSEG Nuclear LLC (the

licensees) are the holders of Facility

Operating Licenses Nos. DPR–44 and

DPR–56, which authorize operation of

the Peach Bottom Atomic Power

Station, Units 2 and 3 (Peach Bottom or

the facilities). The licenses provide,

among other things, that the facilities

are subject to all rules, regulations, and

orders of the U.S. Nuclear Regulatory

Commission (NRC or the Commission)

now or hereafter in effect.

The facilities consist of two boiling

water reactors located at the licensees’

site in York County, Pennsylvania.

2.0 Request/Action

Section III.F of Appendix R to Title 10

of the Code of Federal Regulations (10

CFR), part 50, requires that automatic

fire detection systems (capable of

operating with or without offsite power)

be installed in all areas of the plant that

contain or present an exposure fire

hazard to safety-related or safe

shutdown systems or components. By

letter dated June 15, 2001, Exelon

requested an exemption from Section

III.F of Appendix R regarding the

provisions for an automatic fire

detection capability in room 222, a Unit

2 feedwater heater room in the turbine

building, and room 429, the Unit 2 and

Unit 3 turbine generator hall in the

turbine building.

3.0 Discussion

Pursuant to 10 CFR 50.12, the

Commission may, upon application by

any interested person or upon its own

initiative, grant exemptions from the

requirements of 10 CFR part 50 when (1)

the exemptions are authorized by law,

will not present an undue risk to public

health or safety, and are consistent with

the common defense and security; and

(2) when special circumstances are

present. Under 10 CFR 50.12(a)(2)(ii),

special circumstances are present when

application of the regulation in the

particular circumstances would not

serve the underlying purpose of the rule

or is not necessary to achieve the

underlying purpose of the rule. The

underlying purpose of the rule is to

reasonably assure the capability to

achieve and maintain safe shutdown in

the event of a fire.

The NRC staff examined Exelon’s

rationale to support the exemption

request and concluded that

notwithstanding the absence of an

automatic fire detection system in

rooms 222 and 429, given the

circumstances discussed below, the

underlying purpose of 10 CFR 50,

Appendix R, section III.F would still be

met with respect to those rooms.

Room 222

Room 222 is a feedwater heater room

located in the Unit 2 turbine building on

elevation 135. Exelon has determined

that the only safe shutdown or safetyrelated systems or components located

in this room susceptible to fire damage

are circuits associated with offsite

power. This room has not been provided

with automatic fire detection in

accordance with the provisions

specified in section III.F of Appendix R.

The fire hazards in this room consist

solely of electrical cables located in

three cable trays that are, or will be

provided with metal covers. There are

no transient combustibles stored in this

area during plant operation. When hot

work is performed in this room, a

continuous fire watch is stationed in the

room. The cables located in the trays are

either qualified in accordance with the

flame test provisions specified in

Institute of Electrical and Electronics

Engineers (IEEE) Standard 383,

‘‘Standard for Type Test of Class 1E

Electric Cables, Field Splices, and

Connections for Nuclear Power

Generating Stations,’’ or qualified to a

flame test equivalent to the one adopted

by IEEE–383. There are no fire

protection systems or features provided

in this room. Due to the high radiation

field present in this area during plant

operation, this room is normally locked