Notices. Notice of decision

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4310-MN-M DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement Determination of Valid Existing Rights Within the Daniel Boone National Forest, KY AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Notice of decision. SUMMARY: This notice announces our decision on a request for a determination of valid existing rights

(VER)under section 522(e) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). We have determined that Sturgeon Mining Company, Inc. (Sturgeon Mining or Sturgeon) possesses VER for a coal haulroad within the boundaries of the Daniel Boone National Forest in Owsley County, Kentucky. This decision will allow Sturgeon to obtain a Kentucky surface coal mining and reclamation permit for the road in question and to use the road to access and haul coal from a surface mine located on adjacent private lands. DATES: *Effective Date:* December 5, 2006. FOR FURTHER INFORMATION CONTACT: William J. Kovacic, Director, Lexington Field Office, 2675 Regency Road, Lexington, Kentucky 40503. Telephone:

(859)260-8402. Fax:

(859)260-8410. E-mail: *bkovacic@osmre.gov.* SUPPLEMENTARY INFORMATION: I. What Is the Nature of the VER Determination Request? II. What Legal Requirements Apply To This Request? III. What Information Is Available Relevant to the Basis for the Request? IV. How We Processed the Request V. How We Made Our Decision VI. What Public Comments Were Received? VII. How Can I Appeal the Determination? VIII. Where Are the Records of This Determination Available? I. What Is the Nature of the VER Determination Request? On February 23, 2006, QORE Property Sciences

(QORE)submitted a request for a determination of VER on behalf of Sturgeon. Sturgeon is proposing to conduct surface coal mining operations on approximately 424 acres of privately owned land near Watches Branch of Laurel Fork in the southeast corner of Owsley County, Kentucky. The property to be mined is adjacent to the Daniel Boone National Forest. QORE is seeking a determination that Sturgeon has VER under paragraph (c)(1) of the definition of VER in 30 CFR 761.5 to use an existing road across Federal lands within the Daniel Boone National Forest as an access and haul road for the proposed mine. No other surface coal mining operations would be conducted on Federal lands within the Daniel Boone National Forest as part of this mine. On June 20, 2006, we published a notice in the **Federal Register** (71 FR 35448) in which we provided 30 days for the public to comment on the request for a determination of VER to use an existing Forest Service road as a coal mine access and haul road across Federal lands within the boundaries of the Daniel Boone National Forest in Owsley County, Kentucky. II. What Legal Requirements Apply To This Request? Section 522(e)(2) of SMCRA, 30 U.S.C. 1272(e)(2), prohibits surface coal mining operations on Federal lands within the boundaries of any national forest, with two exceptions. The first exception pertains to surface operations and impacts incidental to an underground coal mine. The second relates to surface operations on lands within national forests west of the 100th meridian. Neither of those exceptions applies to the request now under consideration. The introductory paragraph of section 522(e) also provides two general exceptions to the prohibitions on surface coal mining operations in that section. Those exceptions apply to operations in existence on the date of enactment of the Act (August 3, 1977) and to land for which a person has VER. SMCRA does not define VER. We subsequently adopted regulations defining VER and clarifying that, for lands that come under the protection of 30 CFR 761.11 and section 522(e) after the date of enactment of SMCRA, the applicable date is the date that the lands came under protection, not August 3, 1977. On December 17, 1999 (64 FR 70766-70838), we adopted a revised definition of VER, established a process for submission and review of requests for VER determinations, and otherwise modified the regulations implementing section 522(e). At 30 CFR 761.16(a), we published a table clarifying which agency (OSM or the State regulatory authority) is responsible for making VER determinations and which definition (State or Federal) will apply. That table specifies that OSM is responsible for VER determinations for Federal lands within national forests and that the Federal VER definition in 30 CFR 761.5 applies to those determinations. Paragraph

(c)of the Federal definition of VER contains the standards applicable to VER for roads that lie within the definition of surface coal mining operations. QORE is seeking a VER determination under paragraph (c)(1), which provides that a person who claims VER to use or construct a road across the surface of lands protected by 30 CFR 761.11 or section 522(e) of SMCRA must demonstrate that the “road existed when the land upon which it is located came under the protection of § 761.11 or 30 U.S.C. 1272(e), and the person has a legal right to use the road for surface coal mining operations.” Based on other information available to us, we also considered whether VER might exist under the standard in paragraph (c)(3), which requires a demonstration that a “valid permit for use or construction of a road in that location for surface coal mining operations existed when the land came under the protection of § 761.11 or 30 U.S.C. 1272(e).” III. What Information Is Available Relevant to the Basis for the Request? The following information has been submitted by QORE or obtained from the United States Forest Service (USFS or Forest Service) or the Kentucky Department for Natural Resources (DNR): 1. A 4,900 foot road designated USFS road FSR 1649A exists on the land to which the VER determination request pertains. 2. The land upon which the road is located was in Federal ownership as part of the Daniel Boone National Forest on August 3, 1977, the date of enactment of SMCRA. 3. On May 18, 2006, the USFS issued a permit to Sturgeon for non-Federal commercial use of this road. The permit is contingent upon Sturgeon receiving all other necessary authorizations to operate. 4. The road in question is clearly visible on several aerial photographs taken between April 11, 1978, and February 26, 1988. 5. The road is visible as a faint feature in aerial photographs dated April 27, 1974, and May 9, 1976. 6. A DNR employee remembers using an old logging road in this area for trail biking the summer after he graduated from college in the spring of 1977. 7. The USFS issued River Mining Co., Inc. a special use permit for the construction and use of a road in this location as a coal access and haul road on September 24, 1976. 8. There is a copy of pages from the Forest Service Handbook regarding categorical exclusions. 9. There is documentation pertaining to the 1976 Special Use Permit for location of Forest Service Road 1649A. IV. How We Processed the Request We received the request on February 23, 2006, and determined that it was administratively complete on March 23, 2006. That review did not include an assessment of the technical or legal adequacy of the materials submitted with the request. As required by 30 CFR 761.16(d)(1), we published a notice in the **Federal Register** seeking public comment on the merits of the request on June 20, 2006 (71 FR 35448). We also published notices on June 22 and 29, and July 6 and 13, 2006, in *The Booneville Sentinel* , Booneville, Kentucky, a newspaper of general circulation in Owsley County, Kentucky. After the close of the comment period on July 21, 2006, we reviewed the materials submitted with the request, all comments received in response to this and other notices, and other relevant, reasonably available information (copies of pages from the Forest Service Handbook and Forest Service documentation pertaining to Watches Branch Road 1649A (Administrative Record Numbers KYVER-016 and 019, respectively) and determined that the record was sufficiently complete and adequate to support a decision on the merits of the request. We evaluated the record in accordance with the requirements at 30 CFR 761.16(e) as to whether the requester has demonstrated VER for the proposed access and haul road. For the reasons discussed below, we have determined that the requestor has demonstrated VER. V. How We Made Our Decision As we stated above, QORE sought a VER determination under paragraph (c)(1) of the definition of VER at 30 CFR 761.5, which provides as follows:

(1)The road existed when the land upon which it is located came under the protection of section 761.11 or 30 U.S.C. 1272(e), and the person has a legal right to use the road for surface coal mining operations. We applied this standard by examining all information submitted by QORE, the Forest Service and interested parties for evidence of a road in existence on August 3, 1977. QORE submitted a signed, notarized statement by the property owner of the currently proposed Kentucky surface coal mining permit 895-0171 (for which the applicant has requested VER to use the existing Forest Service road). That statement asserts that the road in question was originally constructed to access the property-owner's property on Watches Fork in Owsley County, Kentucky. The land owner also stated that the road was used by pre-law permit 6264-77. That permit was issued to River Mining Company of Independence, Kentucky, by the Commonwealth of Kentucky's Department of Natural Resources and Environmental Protection, Division of Reclamation on September 29, 1977. Based upon the date of the permit alone, it appears that the 1977 surface coal mining permit issued to River Mining Company was issued post-SMCRA (Administrative Record Number KYVER-002). The exact date of construction of the road is not known. Two scanned images of Kentucky Department of Transportation aerial photographs of the same area dated April 11, 1978, clearly show the road in question (Administrative Record Numbers KYVER-005 and KYVER-006). A May 9, 1976, scan of a Forest Service infrared aerial photograph shows the faint trace of a road at the location of the road in question, as does a Forest Service aerial photograph dated April 27, 1974 (Administrative Record Numbers KYVER-002, and KYVER-020, respectively). Although it is not certain exactly when River Mining Company constructed its access and haul road under the 1976 Special Use Permit issued by the Forest Service, it is clear that a road of unknown origin, perhaps created as a logging road, has existed on the trace of the road in question since at least 1976. Therefore, we have determined that the evidence indicates that a road existed when the land upon which the road is located came under the protection of section 761.11 of the Federal regulations and section 522(e) of SMCRA on August 3, 1977. The VER standard in the definition of VER at 30 CFR 761.5 also requires that the person seeking VER must have “a legal right to use the road for surface coal mining operations.” That “legal right” standard was added to the definition of VER on December 17, 1999 (64 FR 70766, 70832). In the preamble to that revision of the definition of VER, OSM stated that a person must demonstrate a legal right to use the road for surface coal mining operations. (See 64 FR 70791) That is, despite the fact that a road existed on August 3, 1977, that fact alone doesn't give the applicant the right to use the road for commercial purposes. To comply with this requirement, Sturgeon applied for and received a Road Use Permit for the road in question (Watches Fork Road (FSR 1649A)) from the Forest Service dated May 18, 2006 (Administrative Record Number KYVER-008). That permit authorizes Sturgeon to haul “coal from private lands adjacent to National Forest System lands.” Paragraph (c)(1) of the definition of VER at 30 CFR 761.5 merely states that the applicant for VER must have a legal right to use the road for surface coal mining operations. The preamble to the definition of VER published on December 17, 1999, does not provide any additional information regarding the “legal right” requirement. That is, there is no requirement that the legal right to use the road must exist on the date of the enactment of SMCRA. The only requirement is that the applicant has a legal right to use the road. Therefore, we conclude that the May 18, 2006, Road Use Permit from the Forest Service is sufficient to prove that Sturgeon has a legal right to use the road. The Forest Service Road Use Permit for the Watches Fork Road includes various conditions. For example, the permittee is required to conduct work to improve the road, but only after VER is established and all State, local and Federal permits and licenses are obtained, and before hauling commences. Also, the Forest Service Road Use Permit states that Sturgeon's use of the road is “nonexclusive.” That is, the Forest Service may use this road and authorize others to use the road at any and all times. Based upon the evidence discussed above, we have determined that VER for the Watches Fork Road, FSR 1649A, across a portion of the Daniel Boone National Forest exists. VI. What Public Comments Were Received? Three commenters submitted written comments opposing approval of the VER determination. Some of the comments simply oppose the proposed mining operation without providing any information relevant to the basis upon which VER is claimed or decided. Therefore, we will not address those comments. One commenter stated that this action could not proceed until after OSM, the USFS, and the U.S. Army Corps of Engineers (USACOE) conducted a coordinated National Environmental Policy Act

(NEPA)review of this action and the pending adjacent permit application. OSM finds that a NEPA review of this type is not required. The issuance of the USFS road use permit is already covered under the NEPA action taken by the USFS in compliance with its Environmental Policy and Procedures Handbook. OSM's decision on the request for a determination of VER is a legal opinion that is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. The categorical exclusion is listed in the Departmental Manual at 516 DM 2, Appendix 1.4. Issuance of the State permit is not a Federal action and, therefore, NEPA has no applicability. Actions taken by the USACOE with respect to NEPA and any excess spoil fills on the adjacent permit are not part of this decision and, in addition, are already reviewed by the USACOE under the Nationwide 21 permit review. Two commenters stated, and we agree, that the applicant did not meet the standards of 30 CFR 761.5(b) for VER based on having made a good faith effort to obtain a permit according to final rules issued by OSM. However, this is not the standard on which VER was requested. The appropriate standard for the road for which VER was requested is the definition of VER at 30 CFR 761.5(c)(1) which applies to the use of roads across lands protected from surface coal mining and reclamation operations. Two commenters contend that the USFS did not have authority to issue the May 18, 2006, land use permit to the applicant. This comment is apparently based on the premise that the USFS permit could not be issued until OSM had determined that the applicant had shown VER to use the road. This claim is apparently further based on several conversations one of the commenters had with USFS personnel who apparently told him that a USFS land use permit would not be issued until OSM made a decision on the VER request. One commenter also expressed the opinion that OSM can not find in favor of the applicant because the USFS land use permit can not be issued without a VER determination. We are not aware of any provision of law, statute, regulation, or policy that precludes the USFS from issuing a land use permit based upon whether or not some other government agency approval has already been granted. Also, the Federal regulations at 30 CFR 760.11(c)(1) state, in part, that VER can exist if the person requesting the determination has a legal right to use the road. The term “legal right” is not defined. Because it is not defined, we believe that any number of circumstances would establish this right. It could mean that the person holds a permit, has a legal easement, qualifies for a permit, or any number of circumstances or conditions that would qualify as a “legal right.” In this instance, the USFS Road Use Permit satisfies the “legal right” component necessary to show that VER exist under 30 CFR 761.5(c)(1). A commenter seemed to believe that VER could not be granted to the applicant because the road in question did not meet every standard established in the definition of VER at 30 CFR 761.5(c). Those Federal regulations do not require that every standard on that section be met. Rather, the definition of VER at 30 CFR 761.5(c) states that the applicant must meet one or more, not all, of these standards to prove VER. We have found that the applicant has shown that the road did exist at the time SMCRA became effective, and that the applicant has a legal right to use the road. Thus, the standard at 30 CFR 761.5(c)(1) has been met, and no other proof is necessary. One commenter expressed an opinion that Sturgeon Mining did not qualify for VER because that company did not exist on August 3, 1977. It is true that Sturgeon Mining did not exist in 1977. However, the standard for the road in question is at 30 CFR 761.5(c)(1), which is the only applicable standard in this case, and that standard requires only that the road must have existed at the passage of SMCRA and that the applicant has (not “had”) a legal right to use it. Therefore, we do not agree with the commenter that Sturgeon can not apply for VER on the road in question simply because Sturgeon did not exist as an entity prior to August 3, 1977. Several facts were published in the notice that opened the public comment period. Those facts were intended to provide information and background about the road in question. A commenter pointed out what the commenter considered to be certain discrepancies in those facts. Some of the comments are not pertinent to the characteristics that make the road eligible for VER under the definition of VER at 30 CFR 761.5(c)(1) and, therefore, we will not address those comments. The commenter stated that while the road was visible in several aerial photos, “one could see that it was not used as a coal haul road.” The requirement for VER under the definition of VER at 30 CFR 761.5(c)(1) does not require that an existing road be used as a haulroad to qualify for VER. The requirement at 30 CFR 761.5(c)(1) provides that to demonstrate VER, the road must have existed at that location when the land came under the protection of section 761.11 of the Federal regulations or 30 U.S.C. 1272(e), and the person has a legal right to use the road for surface coal mining operations. As we discussed above, there is ample proof that a road existed at that location when the land came under the protection of section 761.11 of the Federal regulations or 30 U.S.C. 1272(e). There is also ample proof that the road was used as a haul road, but that is not required by the standard at 30 CFR 761.5(c)(1). The commenter asserts that the road in question runs through Breathitt and Perry counties. The commenter submitted aerial photos to prove this. While it is true that there are roads in this area that are in those counties and that the road in question may be part of this road system, the only part of the road to which the VER determination applies is that part that lies within the boundaries of the USFS in Owsley, County. Any other part of this road is not relevant to the request. The commenter had concerns about the public notice published by the applicant for the permit application submitted to the State of Kentucky for the surface coal mining and reclamation operation for which the road in question will be used for access and coal haulage, if VER is approved. That public notice was for the permit, not for the VER determination. As we noted above, separate newspaper notices were published concerning the VER determination request. Two commenters seem to question whether or not the road even existed prior to the effective date of SMCRA, and whether the road on which the VER determination is being requested is the same road used by River Mining as a coal haul road. Aerial photographs, on-site visits, and affidavits and statements made by persons familiar with the area all support the fact that the road on which the VER determination request has been made existed, that it was used for coal haulage, and that the road is the same road used by River Mining and described by those persons that submitted information about the road. Two commenters made lengthy arguments to the effect that Sturgeon Mining can not meet the criteria for VER on this road because Sturgeon is in no way related to River Mining. As we stated above, the request that OSM grant a positive VER determination is based solely upon the definition of VER at 30 CFR 761.5(c)(1), not on whether the applicant is a successor to River Mining. All information submitted by the applicant or discussed by OSM in this action pertaining to River Mining is solely for the purpose of describing the history of this road to show that it does exist and that it existed prior to the effective date of SMCRA. A commenter stated that the public notice opening the comment period had to be re-published because the acreage for the adjacent permit was in error. The commenter stated that the notice stated that Sturgeon Mining Company, Inc. is proposing to conduct surface coal mining operations on approximately 424 acres. The commenter pointed out that the actual proposed permit acreage in 235.57 acres. While this is true, it is not reason for withdrawing and re-publishing the notice of receipt and opening of the public comment period. The size of the operation which this road might serve is not relevant to whether or not the criteria for approving or denying the VER determination are met. VII. How Can I Appeal the Determination? Our determination that VER exists is subject to administrative and judicial review under 30 CFR 775.11 and 775.13 of the Federal regulations. VIII. Where Are the Records of This Determination Available? Our records on this determination are available for your inspection at the Lexington Field Office at the location listed under FOR FURTHER INFORMATION CONTACT . Dated: September 22, 2006. Michael K. Robinson, Acting Regional Director, Appalachian Region. [FR Doc. E6-20507 Filed 12-4-06; 8:45 am] BILLING CODE 4310-05-P DEPARTMENT OF JUSTICE [OMB Number 1103-0087] Office of Community Oriented Policing Services; Agency Information Collection Activities: Revision of a Currently Approved Collection; Comments Requested ACTION: 30-Day notice of information collection under review: Tribal Resources Grant Program Equipment/Training progress report. The Department of Justice

(DOJ)Office of Community Oriented Policing Services

(COPS)has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The revision of a currently approved information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** Volume 71, Number 196, pages 59817-59818 on October 11, 2006, allowing for a 60-day comment period. The purpose of this notice is to allow for 30 days for public comment until January 4, 2007. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Rebekah Dorr, Department of Justice Office of Community Oriented Policing Services, 1100 Vermont Avenue, NW., Washington, DC 20530. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection:

(1)*Type of Information Collection:* Revision of a Currently Approved Collection.

(2)*Title of the Form/Collection:* Tribal Resources Grant Program Equipment/Training Progress Report.

(3)*Agency form number, if any, and the applicable component of the Department sponsoring the collection:* None. U.S. Department of Justice Office of Community Oriented Policing Services.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* Tribal Resources Grant Program—Equipment and Training grant recipients will report to the COPS Office on the status of grant implementation on an annual basis. *Secondary:* None.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply:* It is estimated that 275 respondents will complete the form annually within 30 minutes.

(6)*An estimate of the total public burden (in hours) associated with the collection:* 138 total annual burden hours. *If additional information is required contact:* Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street NW., Washington, DC 20530. Dated: November 29, 2006. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E6-20511 Filed 12-4-06; 8:45 am] BILLING CODE 4410-AT-P DEPARTMENT OF JUSTICE [OMB Number 1105-0082] Executive Office for United States Attorneys; Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day notice of information collection under review: Office of Legal Education Nomination/Confirmation Form. The Department of Justice (DOJ), Executive Office for Unites States Attorneys, (EOUSA,) has submitted the following information collection request to the Office of Management and Budget

(202)395-5806. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(4)Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection:

(1)*Type of Information Collection:* Existing collection in use without an OMB control number.

(2)*Title of the Form/Collection:* National Advocacy Center Nomination Form.

(3)*Agency form number, if any, and the applicable component of the department sponsoring the collection:* DOJ Form Number, none. Office of Legal Education, Executive Office for United States Attorneys, Department of Justice.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* Respondents will be current and potential users of agency training services. Respondents may represent Federal agencies, as well as State, local, and tribal governments. The Executive Office for United States Attorneys will use the collected information to select class participants, arrange for transportation and reserve rooms; have an address to contact the participant, and an emergency contact.

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* It is estimated that there will be 21,000 responses annually. It is estimated that each form will take 5 minutes to complete.

(6)*An estimate of the total public burden (in hours) associated with this collection:* An estimate of the total hour burden to conduct this survey is 1750 hours. If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, Suite 1600, Patrick Henry Building, 601 D Street, NW., Washington, DC 20530. Dated: November 30, 2006. Lynn Bryant, Department Clearance Officer, U.S. Department of Justice. [FR Doc. E6-20581 Filed 12-4-06; 8:45 am] BILLING CODE 4410-07-P DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140-0054] Agency Information Collection Activities ACTION: Notice: Commerce in Firearms and Ammunition—Annual Inventory of Firearms: Withdrawal. The Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives

(ATF)is announcing that it has withdrawn the notice published in the **Federal Register** (November 9, 2006, Vol. 71, No. 217, page 65838) that solicited comments from the public and affected agencies for ATF's proposed information collection. The reason for the withdrawal is because the notice was published in error. If additional information is required contact: Lynn Bryant, Department Clearance Officer, Policy and Planning Staff, Justice Management Division, Department of Justice, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: November 30, 2006. Lynn Bryant, Department Clearance Officer, Department of Justice. [FR Doc. E6-20580 Filed 12-4-06; 8:45 am] BILLING CODE 4410-FY-P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-NEW] Bureau of Justice Statistics; Agency Information Collection Activities: Proposed Collection; Comments Requested ACTION: 30-Day notice of information collection under review: Proposed collection; National Inmate Survey. The Department of Justice (DOJ), Bureau of Justice Statistics, has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** Volume 71, Number 190, pages 58004-58005 on October 2, 2006, allowing for a sixty-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until January 4, 2007. This process is conducted in accordance with 5 CFR 1320.10. If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Allen J. Beck, Ph.D., Bureau of Justice Statistics, 810 Seventh Street, NW., Washington, DC 20531 (phone: 202-616-3277). Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection:

(1)*Type of Information Collection:* New data collection.

(2)*Title of the Form/Collection:* National Inmate Survey.

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* Form numbers not available at this time. The Bureau of Justice Statistics, Office of Justice Programs, Department of Justice is the sponsor for the collection.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* State, Local, or Tribal Government. *Other:* Federal Government, Business or other for-profit, Not-for-profit institutions. The work under this clearance will be used to develop surveys to produce estimates for the incidence and prevalence of sexual assault within correctional facilities as required under the Prison Rape Elimination Act of 2003 (Pub. L. 108-79).

(5)*An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:* It is estimated that 90,100 respondents will spend approximately 30 minutes on average responding to the survey.

(6)*An estimate of the total public burden (in hours) associated with the collection:* There are an estimated 45,360 total burden hours associated with this collection. *If additional information is required contact:* Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: November 29, 2006. Lynn Bryant, Department Clearance Officer, PRA, Department of Justice. [FR Doc. E6-20508 Filed 12-4-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-0271] Bureau of Justice Assistance; Agency Information Collection Activities: Extension of a Currently Approved Collection, Comments Requested ACTION: 30-Day notice of information collection under review: Extension of a currently approved collection. Bureau of Justice Assistance Application Form: Project Safe Neighborhood Semi-Annual Researcher Reporting Form. The Department of Justice (DOJ), Office of Justice Programs

(OJP)has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed collection information is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** [Volume 71, Number 157, pages 46922-46923 on August 15, 2006] allowing for a 60 day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until January 4, 2007. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, Washington, DC 20530. Additionally, comments may be submitted to OMB via facsimile to

(202)395-7285. Comments may also be submitted to the Department of Justice (DOJ), Justice Management Division, Policy and Planning Staff, Attention: Department Clearance Officer, Suite 1600, 601 D Street, NW., Washington, DC 20530. Additionally, comments may be submitted to DOJ via facsimile to

(202)514-1534. Comments may also be submitted to the M. Pressley, Bureau of Justice Assistance, Office of Justice Programs, U. S. Department of Justice, 810 7th Street, NW., Washington, DC 20531 via facsimile to

(202)305-1367. Written comments and/or suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:

(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility;

(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3)Enhance the quality, utility, and clarity of the information to be collected; and

(1)*Type of information collection:* Extension of previously approved collection.

(2)*The title of the form/collection:* Project Safe Neighborhood Semi-Annual Researcher Reporting Form.

(3)*The agency form number, if any and the applicable component of the Department sponsoring the collection:* There is no agency form number.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract: Primary:* State and local law enforcement agencies. *Other:* None. *Abstract:* One of the central elements of PSN is the requirement that PSN task forces collect data on outcome measures related to the level of firearms violence in each judicial district and information on the strategies used to combat that gun violence. This information is essential if we are strategically to target our financial resources for maximum impact, and is a necessary element in assessing success or failure and providing the information required to make mid-course corrections in our local programs. To accomplish the data collection at the local level, the Bureau of Justice Assistance has funded a research partner to work with each of the 94 districts. 1 The grant program provided $150,000 to a researcher in each district to be spent over three years. The data collected by these researchers has allowed for program assessment at the local level, but also has provided the opportunity to gauge the results of the initiative across the country. Understanding the gun violence problem throughout the country will allow the Department to identify trends and adapt the program at a national level to meet the needs of the districts. Additionally, by collecting both outcome and intervention measures, the Department can identify programs that demonstrate success in reducing targeted gun crime. This information is essential to evaluating the program and providing feedback at the national level that can inform management decisions. 1 While there are 94 judicial districts, there are only 93 United States Attorneys and accordingly 93 research partners. The Northern Mariana Islands and Guam share one research partner.

(5)An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that no more than 93 respondents will apply twice a year. Each application takes approximately 60 minutes to complete.

(6)An estimate of the total public burden (in hours) associated with the collection: The total hour burden to complete the applications is 186. (93 respondents × 1 hour per respondent × 2 responses per year = 186 burden hours). If additional information is required contact: Lynn Bryant, Department Clearance Officer, United States Department of Justice, Policy and Planning Staff, Justice Management Division, 601 D Street, NW., Suite 1600, Washington, DC 20530. Dated: November 29, 2006. Lynn Bryant, Department Clearance Officer, United States Department of Justice. [FR Doc. E6-20509 Filed 12-4-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-0220] Agency Information Collection Activities: Extension of a Currently Approved Collection: Comments Requested ACTION: 30-Day notice of information collection under review: Extension of a currently approved collection. Bureau of Justice Assistance Application Form: Public Safety Officers Educational Assistance.* The Department of Justice (DOJ), Office of Justice Programs

(OJP)has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed collection information is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** [Volume 71, Number 195, page 59524 on October 10, 2006] allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until January 4, 2007. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to

(202)395-5806. Comments may also be submitted to M. Pressley, Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW., Washington, DC 20531 via facsimile to

(202)305-1367. Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points: —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection:

(1)*Type of Information Collection:* Extension of a currently approved collection.

(2)*Title of the Form/Collection:* Public Safety Officers Educational Assistance.

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* None.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* *Primary:* Dependents of public safety officers who were killed or permanently and totally disabled in the line of duty. *Abstract:* BJA's Public Safety Officers' Benefits

(PSOB)division will use the PSOEA Application information to confirm the eligibility of applicants to receive PSOEA benefits. Eligibility is dependent on several factors, including the applicant having received a portion of the PSOB Death Benefit or having a family member who received the PSOB Disability Benefit, the applicant's age, and the schools being attended. In addition, information to help BJA identify an individual is collected, Social Security number and contact numbers and e-mail addresses. The changes to the application form have been made in an effort to streamline the application process and eliminate requests for information that is either irrelevant or already being collected by other means. *Others:* None.

(5)An estimate of the total number of respondents and the amount of time needed for an average respondent to respond is as follows: It is estimated that no more than 78 respondents will apply a year. Each application takes approximately 20 minutes to complete.

(6)An estimate of the total public burden (in hours) associated with the collection is 26 hours. Total Annual Reporting Burden: 78 × 20 minutes per application = 1560 minutes/by 60 minutes per hour = 26 hours. If additional information is required, please contact, Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: November 29, 2006. Lynn Bryant, Department Clearance, United States Department of Justice. [FR Doc. E6-20510 Filed 12-4-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF JUSTICE Office of Justice Programs [OMB Number 1121-0235] Agency Information Collection Activities ACTION: 30-Day notice of information collection under review: Revision of a currently approved collection; Bulletproof Vest Partnership. The Department of Justice (DOJ), Office of Justice Programs

(OJP)has submitted the following information collection request to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed collection information is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the **Federal Register** [Volume 71, Number 191, page 58432 on October 3, 2006], allowing for a 60-day comment period. The purpose of this notice is to allow for an additional 30 days for public comment until January 4, 2007. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice, especially the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503. Additionally, comments may be submitted to OMB via facsimile to

(202)395-5806. Comments may also be submitted to the M. Pressley, Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW., Washington, DC 20531 via facsimile to

(1)*Type of Information Collection:* Extension of a currently approved collection.

(2)*Title of the Form/Collection:* Bulletproof Vest Partnership.

(3)*Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection:* None.

(4)*Affected public who will be asked or required to respond, as well as a brief abstract:* *Primary:* State, Local, or Tribal Governments. *Abstract:* The Bureau of Justice Assistance

(BJA)collects this information as part of the application for federal assistance process under the Bulletproof Vest Partnership

(BVP)Program. The purpose of this program is to help protect the lives of law enforcement officers by helping states and units of local and tribal governments equip their officers with armor vests. An applicant may request funds to help purchase one vest per officer per fiscal year. Federal payment covers up to 50 percent of each jurisdiction's total costs. BJA uses the information collected to review, approve, and make awards to jurisdictions in accordance with programmatic and statutory requirements. *Others:* None.

(5)*An estimate of the total number of respondents and the amount of time needed for an average respondent to respond is as follows:* There are approximately 5,000 respondents who will respond once per year, for a total of 5,000 responses. Each response will require approximately 1 hour to complete.

(6)*An estimate of the total public burden (in hours) associated with the collection:* The estimated total public burden hours associated with this collection is 5,000 hours. If additional information is required contact Lynn Bryant, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., Washington, DC 20530. Dated: November 29, 2006. Lynn Bryant, Department Clearance Officer, United States Department of Justice. [FR Doc. E6-20512 Filed 12-4-06; 8:45 am] BILLING CODE 4410-18-P DEPARTMENT OF LABOR Submission for OMB Review: Comment Request October 23, 2006. The Department of Labor

(DOL)has submitted the following public information collection requests

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, may be obtained from *RegInfo.gov* at *http://www.reginfo.gov/public/do/PRAMain* or by contacting Darrin King on 202-693-4129 (this is not a toll-free number)/e-mail: *king.darrin@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Mine Safety and Health Administration (MSHA), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202-395-7316/Fax: 202-395-6974 (these are not a toll-free numbers), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Mine Safety and Health Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Gamma Radiation Exposure Records. *OMB Number:* 1219-0039. *Type of Response:* Recordkeeping. *Affected Public:* Private sector: Business or other for-profit. *Number of Respondents:* 3. *Estimated Number of Annual Responses:* 3. *Average Response Time:* 1 hour. *Estimated Annual Burden Hours:* 3. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $0. *Description:* 30 CFR 57.5047 requires records to be kept of cumulative individual gamma radiation exposure to ensure that annual exposure does not exceed 5 Rems per year. It is intended to protect the health of workers in mines with radioactive ores. *Agency:* Mine Safety and Health Administration. *Type of Review:* Extension without change of currently approved collection. *Title:* Mine Rescue Teams; Arrangements for Emergency Medical Assistance; and Arrangements for Transportation for Injured Persons. *OMB Number:* 1219-0078. *Type of Response:* Reporting; recordkeeping; and third party disclosure. *Affected Public:* Private sector: Business or other for-profit. *Number of Respondents:* 1,067. *Estimated Number of Annual Responses:* 45,270. *Average Response Time:* approximately one half (.5) hour. *Estimated Annual Burden Hours:* 24,365. *Total Annualized capital/startup costs:* $0. *Total Annual Costs (operating/maintaining systems or purchasing services):* $648,196. *Description:* Section 115(e) of the Federal Mine Safety and Health Act of 1977 (Mine Act) requires the Secretary of Labor (Secretary) to publish regulations which provide that mine rescue teams be available for rescue and recovery work to each underground mine in the event of an emergency. In addition, the costs of making advance arrangements for such teams are to be borne by the operator of each such mine. Congress considered the ready availability of mine rescue in the event of an accident to be vital protection for miners. Congress was concerned that too often in the past, rescue efforts at a disaster site have had to await the delayed arrival of skilled mine rescue teams. In responding to Congressional concerns, the Mine Safety and Health Administration

(MSHA)promulgated 30 CFR Part 49, Mine Rescue Teams. The regulations set standards related to the availability of mine rescue teams; alternate mine rescue capability for small and remote mines and mines with special mining conditions; inspection and maintenance records of mine rescue equipment and apparatus; physical requirements for mine rescue team members and alternates; and experience and training requirements for team members and alternates. Title 30, CFR 49.2 provides that the mine operator of an underground mine establish at least two mine rescue teams to be available at all times that miners are underground, or the operator must enter into an arrangement for mine rescue services which assures that at least two teams are available at all times when miners are underground. Each team shall consist of five members and one alternate fully qualified, trained and equipped for rescue service. In addition, each member shall have been employed in an underground mine for a minimum of 1 year within the past 5 years. This standard also requires that each underground mine operator send the MSHA District Manager a statement describing the method of compliance. The statement must disclose whether the operator has independently provided mine rescue teams or entered into an agreement for mine rescue services. The name of the provider and the location of the services shall be included in the statement, a copy of the statement posted at the mine for miner's information, and a copy provided to the miner's representative if a representative has been designated. With respect to alternative mine rescue capability for small and remote mines and mines with special mining conditions, 30 CFR 49.3 and 49.4 provide that operators of those mines may submit to MSHA for approval alternative plans for assuring mine rescue capability. The intent of these regulations is to establish the best possible rescue response available given the mining conditions unique to each mine. Although small and remote mines are not statistically less hazardous than larger non-remote mines, they are distinguished by their size and location which may effectively limit the operators' ability to establish and equip two full mine rescue teams. A critical element in determining whether a mine is small and remote is the proximity of other underground mines or existing rescue teams and stations. Likewise, it is recognized that certain mining conditions and situations present significantly lower risks of entrapment to underground miners that would justify an alternative to the mine rescue team requirements contained in 49.2. Title 30, CFR 49.3 provides that if an underground mine is small and remote, the operator may submit an application to MSHA for approval for an alternative mine rescue capability. Applications must contain the number of miners employed underground on each shift; the distance from the two nearest mine rescue stations; the total underground employment of mines within two hours ground travel time of the operator's mine; the operator's mine fire, ground, and roof control history; the operator's established escape and evacuation plan; an evaluation of the usefulness of additional refuge chambers to supplement those which may exist; the number of miners willing to serve on a mine rescue team; an alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground; and other relevant information. Title 30, CFR 49.4 provides that if an underground mine is operating under special mining conditions, the mine operator may submit alternative plans to MSHA for approval as a means of achieving full compliance with the regulation. Applications must contain an explanation of the special mining conditions, the number of miners employed underground on each shift, the distance from the two nearest mine rescue stations, the operator's mine fire history, the operator's established escape and evacuation plan, the operator's alternative plan for assuring that a suitable mine rescue capability is provided at all times when miners are underground, and other relevant information. Title 30, CFR 49.6 provides a detailed listing of equipment that is to be provided each mine rescue station. Section 49.6(9)(b) states that rescue apparatus and equipment shall be maintained and that a person trained in the use and care of breathing apparatus shall inspect and test the apparatus at least every 30 days and shall certify by signature and date that the inspections and tests were done. The certification and the record of corrective action taken, if any, shall be maintained at the mine rescue station for a period of one year and made available to an authorized representative of the Secretary. Title 30, CFR 49.7 requires that each team member and alternate be examined within 60 days of the beginning of the initial training, and annually thereafter by a physician who shall certify the physical fitness of the team member to perform mine rescue and recovery work for prolonged periods under strenuous conditions. The operator shall have MSHA Form 5000-3 on file for each team member certifying medical fitness and signed by the examining physician. These forms shall be kept on file at either the mine or the mine rescue station for a period of one year. Title 30, CFR 49.8 requires that prior to serving on a mine rescue team, each member must complete an initial 20 hour course of instruction in the use, care, and maintenance of the type of breathing apparatus which will be used by the mine rescue team. All team members are required to receive 40 hours of refresher training annually which includes:

(1)Sessions underground at least once each 6 months;

(2)wearing and use of the breathing apparatus by team members for a period of at least 2 hours while under oxygen every 2 months;

(3)where applicable, the use, care, capabilities, and limitations of auxiliary mine rescue equipment, or a different breathing apparatus;

(4)advanced mine rescue training and procedures; and

(5)mine map training and ventilation procedures. A record of the training received by each mine rescue team member is required to be on file at the mine rescue station for a period of one year. Title 30, CFR 49.9 provides that each mine shall have a mine rescue notification plan outlining the procedures to be followed in notifying the mine rescue teams when there is an emergency. In addition, a copy of the plan shall be posted at the mine and a copy provided for the miners' representative, if applicable. Title 30, CFR 75.1713-1(a) and

(b)and 77.1702

(a)and

(b)require that mine operators make arrangements with a licensed physician, medical service, medical clinic, or hospital and with an ambulance service to provide 24-hour emergency medical assistance and transportation. Title 30, CFR 75.1713-1(e) and 77.1702(e) require that the mine operator post the names, titles, addresses and telephone numbers of all persons or services available for medical assistance and transportation at the mine. This information is used by mine operators, miners, and MSHA to formulate an appropriate rescue capability within the guidelines set forth in these standards. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. E6-20483 Filed 12-4-06; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request November 30, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by calling the Department of Labor. A copy of this ICR, with applicable supporting documentation, may be obtained at *http://www.reginfo.gov/public/do/PRAMain* , or contact Ira Mills on 202-693-4122 (this is not a toll-free number) or E-Mail: *Mills.Ira@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for U.S. Department of Labor/Employment and Training Administration (ETA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment and Training Administration. *Type of Review:* Extension without change of a currently approved collection. *Title:* Overpayment Detection and Recovery Activities. *OMB Number:* 1205-0173. *Frequency:* Quarterly. *Affected Public:* State governments; and Federal government. *Type of Response:* Reporting. *Number of Respondents:* 53. *Annual Responses:* 212. *Average Response Time:* 14 hours. *Total Annual Burden Hours:* 2,968. *Total Annualized Capital/Startup Costs:* 0. *Total Annual Costs (operating/maintaining systems or purchasing services):* 0. *Description:* The Secretary has interpreted applicable sections of Federal law to require States to address the prevention, detection, and recovery of benefit overpayments caused by willful misrepresentation or errors by claimants or others. This report provides an accounting of the types and amounts of such overpayments and serves as a useful management tool for monitoring overall integrity in the Unemployment Insurance system. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-20523 Filed 12-4-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request November 30, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by calling the Department of Labor. A copy of this ICR, with applicable supporting documentation, may be obtained at *http://www.reginfo.gov/public/do/PRAMain* , or contact Ira Mills on 202-693-4122 (this is not a toll-free number) or E-Mail: *Mills.Ira@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for U.S. Department of Labor/Employment and Training Administration (ETA), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. *Agency:* Employment and Training Administration. *Type of Review:* Extension. *Title:* Occupational Code Assignment. *OMB Number:* 1205-0137. *Frequency:* On occasion. *Affected Public:* State, local or tribal government; individuals or households; business or other for-profit; and not-for-profit institutions. *Type of Response:* Reporting. *Number of Respondents:* 11. *Annual Responses:* 11. *Average Response Time:* .58 hours. *Total Annual Burden Hours:* 6.42. *Total Annualized Capital/Startup Costs:* 0. *Total Annual Costs (operating/maintaining systems or purchasing services):* 0. *Description:* ETA 741, Occupational Code Assignment

(OCA)is provided as a public service to the states as well as individuals that use occupational information. The OCA process is designed to help users relate an occupational specialty or a job title or to an occupational code within the framework of the Occupational Information Network—Standard Occupational Classification (O*NET-SOC) system. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-20524 Filed 12-4-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request November 30, 2006. The Department of Labor

(DOL)has submitted the following public information collection request

(ICR)to the Office of Management and Budget

(TAA)Program Reserve Funding Request Form. *OMB Number:* 1205-0275. *Frequency:* Annually. *Affected Public:* State, local or tribal government. *Type of Response:* Reporting. *Number of Respondents:* 25. *Annual Responses:* 2 hours. *Total Annual Burden Hours:* 50. *Total Annualized Capital/Startup Costs:* 0. *Total Annual Costs (operating/maintaining systems or purchasing services):* 0. *Description:* The Department of Labor provides benefits and services to trade-certified individuals under the Trade Adjustment Assistance

(TAA)program administered by State Workforce Agencies (SWA). The ETA-9117 (formerly ETA-9023) is required for the submission of request for TAA reserve training funds and job search and relocation allowances. Information collected on this form is also used in the development of formula base allocations awarded to States each year. Ira L. Mills, Departmental Clearance Officer. [FR Doc. E6-20525 Filed 12-4-06; 8:45 am] BILLING CODE 4510-30-P DEPARTMENT OF LABOR Bureau of International Labor Affairs; Request for Information on Efforts by Certain Countries To Eliminate the Worst Forms of Child Labor AGENCY: The Bureau of International Labor Affairs, United States Department of Labor. ACTION: Request for information on efforts by certain countries to eliminate the worst forms of child labor. SUMMARY: This notice is a request for information for use by the Department of Labor in preparation of an annual report on certain trade beneficiary countries' implementation of international commitments to eliminate the worst forms of child labor. This will be the sixth such report by the Department of Labor under the Trade and Development Act of 2000 (TDA). DATES: Submitters of information are requested to provide two

(2)copies of their written submission to the Office of Child Labor, Forced Labor and Human Trafficking at the address below by 5 p.m., December 22, 2006. ADDRESSES: Written submissions should be addressed to Tina McCarter at the Office of Child Labor, Forced Labor and Human Trafficking, Bureau of International Labor Affairs, U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-5307, Washington, DC 20210. FOR FURTHER INFORMATION CONTACT: Tina McCarter, Bureau of International Labor Affairs, Office of Child Labor, Forced Labor and Human Trafficking, at

(202)693-4846, fax:

(202)693-4830, or e-mail: *mccarter-tina@dol.gov.* The Department of Labor's international child labor reports can be found on the Internet at *http://www.dol.gov/ILAB/media/reports/iclp/main.htm* or can be obtained from the Office of Child Labor, Forced Labor and Human Trafficking. SUPPLEMENTARY INFORMATION: The Trade and Development Act of 2000 [Pub. L. 106-200] established a new eligibility criterion for receipt of trade benefits under the Generalized System of Preferences (GSP), Caribbean Basin Trade and Partnership Act (CBTPA), and Africa Growth and Opportunity Act (AGOA). The TDA amends the GSP reporting requirements of the Trade Act of 1974 (Section 504) [19 U.S.C. 2464] to require that the President's annual report on the status of internationally recognized worker rights include “findings by the Secretary of Labor with respect to the beneficiary country's implementation of its international commitments to eliminate the worst forms of child labor.” Likewise, Title II of the TDA includes as a criterion for receiving benefits under the CBTPA “whether the country has implemented its commitments to eliminate the worst forms of child labor, as defined in section 507(6) of the Trade Act of 1974.” The TDA Conference Report [Joint Explanatory Statement of the Committee of Conference, 106th Cong. 2d. sess. (2000)] indicates that “the conferees intend that the GSP standard, including the provision with respect to implementation of obligations to eliminate the worst forms of child labor, apply to eligibility for those additional benefits” [provided for in the AGOA.] In addition, the Andean Trade Preference Act

(ATPA)as amended and expanded by the Andean Trade Promotion and Drug Eradication Act (ATPDEA) (Pub. L. 107-210, Title XXXI) includes as a criterion for receiving benefits “[w]hether the country has implemented its commitments to eliminate the worst forms of child labor as defined in section 507(6) of the Trade Act of 1974.” Scope of Report Countries and non-independent countries and territories presently eligible under the GSP and to be included in the report are: Afghanistan, Albania, Algeria, Angola, Anguilla, Argentina, Armenia, Bangladesh, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, British Indian Ocean Territory, British Virgin Islands, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Christmas Islands, Cocos Islands, Colombia, Comoros, Democratic Republic of the Congo, Republic of Congo, Cook Islands, Costa Rica, Cote d'Ivoire, Croatia, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Falkland Islands, Fiji, Gabon, the Gambia, Georgia, Ghana, Gibraltar, Grenada, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island and MacDonald Islands, India, Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kiribati, Kyrgyzstan, Lebanon, Lesotho, Liberia, Macedonia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Moldova, Mongolia, Montenegro, Montserrat, Mozambique, Namibia, Nepal, Niger, Nigeria, Niue, Norfolk Island, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Island, Romania, Russia, Rwanda, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tomé and Principe, Senegal, Serbia, Seychelles, Sierra Leone, Solomon Islands, Somalia, South Africa, Sri Lanka, Suriname, Swaziland, Tanzania, Thailand, Togo, Tokelau Island, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, Uruguay, Uzbekistan, Vanuatu, Venezuela, Wallis and Futuna, West Bank and Gaza Strip, Western Sahara, Republic of Yemen, Zambia, and Zimbabwe. Countries eligible or potentially eligible for additional benefits under the AGOA and to be included in the report are: Angola, Benin, Botswana, Burkina Faso, Cameroon, Cape Verde, Chad, Republic of Congo, Democratic Republic of the Congo, Djibouti, Ethiopia, Gabon, the Gambia, Ghana, Guinea, Guinea Bissau, Kenya, Lesotho, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, and Zambia. Countries potentially eligible for additional benefits under the CBTPA and to be included in the report are: Barbados, Belize, Costa Rica, Dominican Republic, Guyana, Haiti, Jamaica, Panama, Saint Lucia, and Trinidad and Tobago. Countries potentially eligible for additional benefits under the ATPA/ATPDEA and to be included in the report are: Bolivia, Colombia, Ecuador, and Peru. In addition, the following countries will be included in the report in view of Department of Labor Appropriations, 2006, Conference Report, H.R. Rep. 109-337 (2005): Bahrain, Chile, El Salvador, Guatemala, Honduras, Nicaragua, and Morocco. Information Sought The Department invites interested parties to submit written information relevant to the findings to be made by the Department of Labor under the TDA, for all listed countries. Information provided through public submission will be considered by the Department of Labor in preparing its findings. Materials submitted should be confined to the specific topic of the study. In particular, the Department's Bureau of International Labor Affairs is seeking written submissions on the following topics: 1. Whether the country has adequate laws and regulations proscribing the worst forms of child labor; 2. Whether the country has adequate laws and regulations for the implementation and enforcement of such laws and regulations; 3. Whether the country has established formal institutional mechanisms to investigate and address complaints relating to allegations of the worst forms of child labor; 4. Whether social programs exist in the country to prevent the engagement of children in the worst forms of child labor, and to assist in the removal of children engaged in the worst forms of child labor; 5. Whether the country has a comprehensive policy for the elimination of the worst forms of child labor; 6. Whether the country is making continual progress toward eliminating the worst forms of child labor. Information relating to the nature and extent of child labor in the country is also sought. Information submitted may include reports, statistics, newspaper articles, or other materials. Governments that have ratified ILO Convention 182 are requested to submit copies of their most recent article 22 submissions under the Convention, especially those with information on types of work determined in accordance with Article 3(d) of the Convention. Definition of Worst Forms of Child Labor The term “worst forms of child labor” is defined in section 412(b) of the TDA as comprising: “(A) All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including forced or compulsory recruitment of children for use in armed conflict;

(B)The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;

(C)The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties; and

(D)Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.” The TDA Conference Report noted that the phrase, “work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children” is to be defined as in Article II of Recommendation No. 190, which accompanies ILO Convention No. 182. This includes “(a) Work which exposes children to physical, psychological, or sexual abuse;

(b)Work underground, under water, at dangerous heights or in confined spaces;

(c)Work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads;

(d)Work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health;

(e)Work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.” The TDA Conference Report further indicated that this phrase be interpreted in a manner consistent with the intent of Article 4 of ILO Convention No. 182, which states that such work shall be determined by national laws or regulations or by the competent authority in the country involved. This notice is a general solicitation of comments from the public. Signed at Washington, DC, this 29th day of November, 2006. James Carter, Deputy Undersecretary, Bureau of International Labor Affairs. [FR Doc. E6-20561 Filed 12-4-06; 8:45 am] BILLING CODE 4510-28-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemption 75-1; Employee Benefit Plan Security Transactions With Broker-Dealers, Reporting Dealers and Banks AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Notice. SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This program helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration

(EBSA)is soliciting comments on a proposed extension of the current approval of information collection provisions incorporated in the Prohibited Transaction Class Exemption

(PTE)75-1, pertaining to securities and other related transactions with broker-dealers, reporting dealers and banks. A copy of the information collection request

(ICR)can be obtained by contacting the office shown in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office shown in the Addresses section on or before February 5, 2007. ADDRESSES: Direct all written comments to Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5647, Washington, DC 20210. Telephone:

(202)693-8410; Fax:

(202)219-4745. These are not toll-free numbers. Comments may also be submitted electronically to the following Internet e-mail address: *ebsa.opr@dol.gov* . SUPPLEMENTARY INFORMATION: I. Background PTE 75-1 provides exemptions from certain prohibited transaction provisions of the Employment Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code of 1986

(Code)for specified types of transactions between employee benefit plans and broker-dealers, reporting dealers and banks relating to securities purchases and sales, provided specified conditions are met. The exempted transactions include an employee benefit plan's purchase of securities from broker-dealers' inventories of stocks, from underwriting syndicates in which a plan fiduciary is a member, from banks, from reporting dealers, and from a market-maker even if a market-maker is a plan fiduciary. The exempted transactions also include, under certain conditions, a plan's accepting an extension of credit from a broker-dealer for the purpose of facilitating settlement of a securities transaction. Among other conditions, PTE 75-1 requires that a party seeking to rely on the exemption with respect to a transaction maintain adequate records of the transaction for a period of six years. The Department has obtained approval from the Office of Management and Budget

(OMB)for this information collection under OMB Control No. 1210-0092. This approval is currently scheduled to expire on March 30, 2007. II. Current Actions This notice requests public comment pertaining to the Department's request for extension of OMB approval of the information collection contained in PTE 75-1. After considering comments received in response to this notice, the Department intends to submit an ICR to OMB for continuing approval of the information collection contained in PTE 75-1. No change to the existing ICR is proposed or made at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICR and the current burden estimates follows: *Agency:* Employee Benefits Security Administration, Department of Labor. *Title:* Prohibited Transaction Class Exemption 75-1; Employee Benefit Plan Security Transactions with Broker-Dealers, Reporting Dealers and Banks. *Type of Review:* Extension of a currently approved collection of information. *OMB Number:* 1210-0092. *Affected Public:* Business or other for-profit; not-for-profit institutions. *Respondents:* 9750. *Responses:* 9750. *Estimated Total Burden Hours:* 1625. *Estimate Total Burden Cost:* $86,125. III. Desired Focus of Comments The Department is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , by permitting electronic submissions of responses. Comments submitted in response to this notice will be summarized and/or included in the ICR submitted to OMB; they will also become a matter of public record. Joseph A. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration [FR Doc. E6-20519 Filed 12-4-06; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Request for Public Comment; Prohibited Transaction Class Exemption 80-83; Employee Benefit Plan Purchase of Securities Benefiting Party in Interest Issuer AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Notice. SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public and helps the public understand the Department's information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration

(EBSA)is soliciting comments on the proposed extension of the information collection provisions of Prohibited Transaction Class Exemption

(PTE)80-83. A copy of the information collection request

(ICR)may be obtained by contacting the office listed in the ADDRESSES section of this notice. DATES: Written comments must be submitted on or before February 5, 2007. ADDRESSES: Direct all written comments to Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5647, Washington, DC 20210. Telephone:

(202)693-8410; Fax:

(202)219-4745. These are not toll-free numbers. Comments may also be submitted electronically to the following Internet e-mail address: *ebsa.opr@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background PTE 80-83 provides an exemption from certain prohibited transaction provisions of the Employment Retirement Income Security Act of 1974 (ERISA) and from certain taxes imposed by the Internal Revenue Code of 1986

(Code)for transactions in which an employee benefit plan purchases securities when the proceeds from such purchase may be used to reduce or retire a debt owed by a party in interest with respect to such plan, provided that specified conditions are met. Among other conditions, PTE 80-83 requires that adequate records pertaining to an exempted transaction be maintained for six years. The Department has approval from the Office of Management and Budget

(OMB)for this information collection requirement under OMB Control No. 1210-0064. This approval is currently scheduled to expire on March 30, 2007. II. Current Actions This notice requests public comment pertaining to the Department's request for extension of OMB approval of the information collection contained in PTE 80-83. After considering comments received in response to this notice, the Department intends to submit an ICR to OMB for continuing approval of the information collection contained in PTE 80-83. No change to the existing ICR is proposed or made at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICR and the current burden estimates follows: *Agency:* Employee Benefits Security Administration, Department of Labor. *Title:* Prohibited Transaction Class Exemption 80-83; Employee Benefit Plan Purchase of Securities Benefiting Party in Interest Issuer. *Type of Review:* Extension of a currently approved collection of information. *OMB Number:* 1210-0064. *Affected Public:* Business or other for-profit; not-for-profit institutions. *Respondents:* 25. *Responses:* 25. *Estimated Total Burden Hours:* 2 hours. III. Desired Focus of Comments The Department of Labor (Department) is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , by permitting electronic submissions of responses. Comments submitted in response to this notice will be summarized and/or included in the ICR submitted to OMB; they will also become a matter of public record. Joseph A. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E6-20520 Filed 12-4-06; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; Petition for Finding Under Section 3(40) of ERISA AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Notice. SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995

(PRA)(44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information. This program helps the Department assess the impact of its information collection requirements and minimize the reporting burden on the public. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. Currently, the Employee Benefits Security Administration

(EBSA)is soliciting comments on the proposed extension of the information collections contained in regulations pertaining to the Department's procedures to making a finding under section 3(40) of the Employee Retirement Income Security Act of 1974 (ERISA) as to whether an employee benefit plan is established and maintained pursuant to one or more collective bargaining agreements. A copy of the information collection request

(ICR)can be obtained by contacting the office shown in the ADDRESSES section of this notice. DATES: Written comments must be submitted to the office shown in the ADDRESSES section on or before February 5, 2007. ADDRESSES: Direct all written comments to Susan G. Lahne, Office of Policy and Research, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5647, Washington, DC 20210. Telephone:

(202)693-8410; Fax:

(202)219-4745. These are not toll-free numbers. Comments may also be submitted electronically to the following Internet e-mail address: *ebsa.opr@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background Rules codified beginning at 29 CFR 2570.150 set forth an administrative procedure (“procedural rules”) for obtaining a determination by the Department as to whether a particular employee benefit plan is established or maintained under or pursuant to one or more collective bargaining agreements for purposes of section 3(40) of ERISA. These procedural rules concern specific criteria set forth in 29 CFR 2510.3-40 (“criteria rules”), which, if met, constitute a finding by the Department that a plan is collectively bargained. Plans that meet the requirements of the criteria rules are not subject to state law. Among other requirements, the procedural rules require submission of a petition and affidavits by parties seeking a finding. The Department has obtained approval from the Office of Management and Budget (OMB), under OMB Control No. 1210-0119, for the information collections contained in its rules for a finding under section 3(40). This approval is currently scheduled to expire on March 30, 2007. II. Current Actions This notice requests comments on an extension of OMB's approval of the information collections included in 29 CFR 2510.3-40. After considering comments received in response to this notice, the Department intends to submit an ICR to OMB for continuing approval of the information collection contained in 29 CFR 2510.3-40. No change to the existing ICR is proposed or made at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICR and the current burden estimates follows: *Agency:* Employee Benefits Security Administration, Department of Labor. *Title:* Petition for Finding under Section 3(40) of ERISA. *Type of Review:* Extension of a currently approved collection of information. *OMB Number:* 1210-0119. *Affected Public:* Business or other for-profit; not-for-profit institutions. *Respondents:* 45. *Responses:* 45. *Estimated Total Burden Hours:* 1. *Estimated Total Burden Cost (Operating and Maintenance):* $120,420. III. Desired Focus of Comments The Department is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , by permitting electronic submissions of responses. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval; they will also become a matter of public record. Joseph S. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E6-20521 Filed 12-4-06; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Employee Benefits Security Administration Proposed Extension of Information Collection; Comment Request; Prohibited Transaction Class Exemption 88-59, Residential Mortgage Financing Arrangements AGENCY: Employee Benefits Security Administration, Department of Labor. ACTION: Notice. SUMMARY: The Department of Labor (the Department), in accordance with the Paperwork Reduction Act of 1995

(PTE)88-59. A copy of the information collection request

(202)693-8410; Fax:

(202)219-4745. These are not toll-free numbers. Comments may also be submitted electronically to the following Internet e-mail address: *ebsa.opr@dol.gov.* SUPPLEMENTARY INFORMATION: I. Background PTE 88-59 provides an exemption from certain prohibited transaction provisions of the Employment Retirement Income Security Act of 1974 (ERISA) and from certain taxes imposed by the Internal Revenue Code of 1986

(Code)for transactions in which an employee benefit plan provides mortgage financing to purchasers of residential dwelling units, provided specified conditions are met. Among other conditions, PTE 88-59 requires that adequate records pertaining to exempted transactions be maintained for the duration of the pertinent loan. This recordkeeping requirement constitutes an information collection within the meaning of the PRA, for which the Department has obtained approval from the Office of Management and Budget

(OMB)under OMB Control No. 1210-0095. The OMB approval is currently scheduled to expire on March 30, 2007. II. Current Actions This notice requests public comment pertaining to the Department's request for extension of OMB approval of the information collection contained in PTE 88-59. After considering comments received in response to this notice, the Department intends to submit an ICR to OMB for continuing approval of the information collection contained in PTE 88-59. No change to the existing ICR is proposed or made at this time. An agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a valid OMB control number. A summary of the ICR and the current burden estimates follows: *Agency:* Employee Benefits Security Administration, Department of Labor. *Title:* Prohibited Transaction Class Exemption 88-59; Residential Mortgage Financing Arrangements. *Type of Review:* Extension of a currently approved collection of information. *OMB Number:* 1210-0095. *Affected Public:* Business or other for-profit; not-for-profit institutions. *Respondents:* 1,785. *Responses:* 1,785. *Estimated Total Burden Hours:* 1. III. Focus of Comments The Department of Labor (Department) is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., by permitting electronic submissions of responses. Comments submitted in response to this notice will be summarized and/or included in the ICR for OMB approval of the extension of the information collection; they will also become a matter of public record. Joseph A. Piacentini, Director, Office of Policy and Research, Employee Benefits Security Administration. [FR Doc. E6-20522 Filed 12-4-06; 8:45 am] BILLING CODE 4510-29-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration (MSHA), 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: Comments on the petitions must be postmarked and received by the Office of Standards, Regulations, and Variances on or before January 4, 2007. ADDRESSES: You may submit your comments, identified by “docket number” on the subject line, by any of the following methods: 1. *E-Mail: Standards-Petitions@dol.gov.* 2. *Telefax:* 1-202-693-9441. 3. *Hand-Delivery or Regular Mail:* Submit comments to the Mine Safety and Health Administration (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. If you submit your comments by hand-delivery, you are required to check in at the receptionist desk on the 21st floor. Copies of the petitions and comments will be available during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Ria Moore Benedict, Deputy Director, Office of Standards, Regulations, and Variances at 202-693-9443 (Voice), *benedict.ria@dol.gov* (e-mail), or 202-693-9441 (Telefax), or you can contact Barbara Barron at 202-693-9447 (Voice), *barron.barbara@dol.gov* (e-mail), or 202-693-9441 (Telefax). [These are not toll-free numbers]. 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 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 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-2006-076-C. *Petitioner:* Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama. *Mine:* Shoal Creek Mine, (MSHA I.D. No. 01-02901), located in Jefferson County, Alabama. *Regulation Affected:* 30 CFR 75.507 (Power connection points). *Modification Request:* The petitioner requests a modification of the existing standard to permit use of three-phase, alternating current deep-well submersible pumps in boreholes in its Shoal Creek Mine. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-077-C. *Petitioner:* Arch Western Bituminous Group, LLC, 225 N. 5th Street, Suite 900, Grand Junction, Colorado 81510. *Mine:* SUFCO Mine, (MSHA I.D. No. 42-00089), located in Sevier County, Utah. *Regulation Affected:* 30 CFR 75.1909(c)(2) (Non-permissible diesel-powered equipment; design and performance requirements). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of Getman 220 tractors towing fully loaded Uintah 2m shield trailers that are:

(a)Equipped with a supplemental braking system on the tractor;

(b)Equipped with a system to automatically lower the load in the trailer onto the roadway providing additional braking action;

(c)Operated by personnel that have been trained to recognize appropriate levels of speed for different road conditions and slopes, and all hazards associated with an additional supplemental braking system; and

(d)Maintenance personnel will be trained in recognizing all hazards with the additional supplemental braking system. The petitioner states that the miners will be trained in the terms and conditions of the Proposed Decision and Order and within 60 days submit revisions of its Part 48 training plan to the District Manager that includes initial and refresher training to comply with final order. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-078-C. *Petitioner:* San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421. *Mine:* San Juan South Mine, (MSHA I.D. No. 29-02170), located in San Juan County, New Mexico. *Regulation Affected:* 30 CFR 75.335(a)(2) (Construction of seals). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of an alternative method for construction of seals in the San Juan South Mine. Persons may review a complete description of petitioner's alternative method at the MSHA address listed in this notice. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and the proposed alternative method will provide an equal or higher degree of safety as the existing standard. *Docket Number:* M-2006-079-C. *Petitioner:* San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421. *Mine:* San Juan South Mine, (MSHA I.D. No. 29-02170), located in San Juan County, New Mexico. *Regulation Affected:* 30 CFR 75.335(a)(1) (Construction of seals). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of an alternative method for construction of seals in the San Juan South Mine. Persons may review a complete description of petitioner's alternative method at the MSHA address listed in this notice. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and the proposed alternative method will provide an equal or higher degree of safety as the existing standard. Dated at Arlington, Virginia this 22nd day of November 2006. Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. [FR Doc. E6-20569 Filed 12-4-06; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration (MSHA), 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: Comments on the petitions must be postmarked and received by the Office of Standards, Regulations, and Variances on or before January 4, 2007. ADDRESSES: You may submit your comments, identified by “docket number” on the subject line, by any of the following methods: 1. *E-Mail:* *Standards-Petitions@dol.gov* . 2. *Telefax:* 1-202-693-9441. 3. *Hand-Delivery or Regular Mail:* Submit comments to the Mine Safety and Health Administration (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. If you submit your comments by hand-delivery, you are required to check in at the receptionist desk on the 21st floor. Copies of the petitions and comments will be available during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Ria Moore Benedict, Deputy Director, Office of Standards, Regulations, and Variances at 202-693-9443 (Voice), *benedict.ria@dol.gov* (e-mail), or 202-693-9441 (Telefax), or you can contact Barbara Barron 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 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 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-2006-067-C. *Petitioner:* West Ridge Resources, Inc., P.O. Box 1077, Price, Utah 84501. *Mine:* West Ridge Mine, (MSHA I.D. No. 42-02233), located in Carbon County, Utah. *Regulation Affected:* 30 CFR 75.350 (Air courses and belt haulage entries). *Modification Request:* The petitioner has filed a petition for modification to request that Section V. (B)(5) of the Proposed Decision and Order

(PDO)for previously granted petition, docket number M-1999-026-C, be amended to insert the following sub-paragraphs: 1. In addition to the requirements of (B)(5), and subject to the terms set forth in paragraph 2 of this subpart, diesel-powered equipment classified as “heavy-duty” under 30 CFR 75.1908(a) must include a means, maintained in operating condition, to maintain the surface temperature of the exhaust system of diesel equipment below 302° Fahrenheit. 2. In the absence of a safe and reasonable means to comply with the requirement set forth in Paragraph 1 of this subpart, the following requirements shall apply.

(i)All hydraulic hoses, fuel lines, or other devices used to convey combustible fluids must be separated from the hot engine exhaust-system surfaces by piping rerouting, barriers or other means acceptable to MSHA. Such hoses, lines, or other devices used to convey combustible fluids that by design cannot be separated as required may be insulated using Kevlar or equivalent insulation product.

(ii)Engine exhaust system must be designed to minimize contact with combustible materials. Where safe and reasonable, exhaust pipes outside of the engine compartment must be of double-wall construction. Joints in the exhaust systems must consist of flanged connections utilizing gaskets and/or solid welded construction.

(iii)In addition to the requirements of 30 CFR 75.1909, 4-braid hoses must be used where a hose failure could result in combustible fluids contacting parts of the exhaust systems. Hoses should be covered with a Kevlar covering such as Protect, NHS-125, MSHA IC-171/1, or an equivalent covering acceptable to MSHA.

(iv)Diesel equipment must be equipped with both an automatic and manual fire-suppression system meeting the requirements of 30 CFR 75.1911 and capable of being activated from inside and outside the machine operator's cab. The manual activator located outside the cab must be on the side of the machine opposite the operator's cab. The fire-suppression system must be installed by a reputable fire suppression vendor with an enhanced fire-hazard analysis designed to address a higher level of fire protection for machines that are operated in two-entry mining systems. Each diesel-powered machine must be equipped with two hand-held fire extinguishers. Diagrams specific to each diesel family must be developed and retained by the mine operator to document how each enhanced fire-suppression system must be maintained. A record of each enhanced fire-suppression system diagram shall be maintained on the surface and be made available to all interested persons.

(v)Diesel equipment with diesel particulate matter disposal filters must be fitted with high exhaust gas temperature shutdown sensors to prevent the operation of the machine if the exhaust gas exceeds 650° Fahrenheit at the filter inlet. The shutdown sensors must be located as near the filter housing (filter inlet) as practical as determined by MSHA.

(vi)The visual inspection of diesel equipment required by 30 CFR 75.1914 must include an examination of the protective devices installed to control exhaust-system surface temperatures, hoses, fuel lines, and all other materials designed to prevent combustible fluids from contacting hot engine exhaust-system surfaces.

(vii)All underground miners working in the two-entry areas of the mine must be trained in the terms and conditions listed in this modification and the fire hazards involved with equipment working in these areas. The petitioner asserts that this amendment to the petition for modification is filed to prevent a diminution of safety and the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-068-C. *Petitioner:* Consol Pennsylvania Coal Company, 1800 Washington Road, Pittsburgh, Pennsylvania 15241. *Mine:* Bailey Mine—1 South, (MSHA I.D. No. 36-07236), located in Greene County, Pennsylvania. *Regulation Affected:* 30 CFR 75.364(b)(2) (Weekly examination). *Modification Request:* Due to deteriorating roof conditions, the petitioner proposes to establish evaluation check points 1 and 2 to evaluate and confirm the proper ventilation between 1 South 4 Wall and 29 Wall, and check points 3 and 4 to evaluate the intake air course between 1 South and 31 Wall, and 90 Wall. The petitioner states that intake air enters the mine at the two

(2)1 South Shafts in the area between points 2 and 3. The petitioner further states that the air quality and quantity at each check point will be measured weekly by a certified person who will enter the date, time and initials to indicate that an examination was conducted at each location, record the results of the examinations in a book provided for such purposes, and certify by signature that the examination was conducted. The record book will be kept on the surface for a period of six months and made available for inspection by interested persons. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard and that use of the check points to measure air and gas will provide an accurate picture of the conditions in the air course without unduly exposing persons to safety hazards. *Docket Number:* M-2006-069-C. *Petitioner:* Consol Pennslyvania Coal Company, 1800 Washington Road, Pittsburgh, Pennsylvania 15241. *Mine:* Bailey Mine—81 Longwall, (MSHA I.D. No. 36-07230), located in Greene County, Pennsylvania. *Regulation Affected:* 30 CFR 75.364(b)(2). *Modification Request:* Due to deteriorating roof conditions in the intake air course located in the 81 longwall set up entries, the petitioner proposes to establish evaluation check points 1 and 2 to evaluate and confirm the adequate ventilation over the fall. The petitioner states that the air quality and quantity at each check point will be measured weekly by a certified person who will enter the date, time and initials to indicate that an examination was conducted at each location. The petitioner further states that results of the examinations will be recorded in a book that will be certified by signature that the examination was conducted, and kept on the surface available for inspection by interested persons. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard, and use of the check points to measure air and gas will provide an accurate picture of the conditions in the air course without exposing persons to safety hazards. *Docket Number:* M-2006-070-C. *Petitioner:* Excel Coal Company, RD 2 Box 665, Shamokin, Pennsylvania 17872. *Mine:* 3 S. Slope Mine, (MSHA I.D. No. 36-09309), located in Northumberland County, Pennsylvania. *Regulation Affected:* 30 CFR 75.335 (Construction of seals). *Modification Request:* The petitioner proposes to:

(1)Construct seals from wooden materials of moderate size and weight;

(2)design the seals to withstand a static horizontal pressure in the range of 10 psi; and

(3)install a sampling tube in the monkey (higher elevation) seal. The petitioner states that the pitch of anthracite veins and concrete blocks are difficult to use and will expose miners to safety hazards during transport. The petitioner cites low-level explosibility of anthracite coal dust and minimal potential for either an accumulation of methane in previously mined pitching veins or an ignition source in the gob area, as justification for the proposed 10 psi design. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-071-C. *Petitioner:* Excel Coal Company, RD 2 Box 665, Shamokin, Pennsylvania 17872. *Mine:* 3 S. Slope Mine, (MSHA I.D. No. 36-09309), located in Northumberland County, Pennsylvania. *Regulation Affected:* 30 CFR 75.1202 and 75.1202-1(a) (Temporary notations, revisions, and supplements). *Modification Request:* The petitioner requests a modification of the existing standard to permit the required interval of survey to be established annually from the initial survey in lieu every 6 months. The petitioner proposes to update the mine map by hand notations on a daily basis, conduct subsequent surveys prior to commencing retreat mining, and when either a drilling program under 30 CFR 75.388 or plan for mining into accessible areas under 30 CFR 75.389 is required. The petitioner states that:

(1)Low production and slow rate of advance in anthracite mining make surveying on 6 month intervals impractical and, in most cases, annual development is frequently limited to less than 500 feet of gangway advance with associated up-pitch development;

(2)The majority of small anthracite mines are using non-mechanized, hand-loading mining methods;

(3)Development above the active gangway is designed to mine into the level above at designated intervals thereby maintaining sufficient control between both surveyed gangways; and

(4)The available engineering/surveyor resources are very limited in anthracite coal fields which makes surveying on an annual basis difficult to achieve with 4 individual contractors currently available. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-072-C. *Petitioner:* Excel Coal Company, RD 2 Box 665, Shamokin, Pennsylvania 17872. *Mine:* 3 S. Slope Mine (MSHA I.D. No. 36-09309) located in Northumberland County, Pennsylvania. *Regulation Affected:* 30 CFR 49.6(a)(1) &

(5)) (Mine Rescue teams). *Modification Request:* The petitioner requests a modification of the existing standard to permit the reduction of twelve self-contained oxygen breathing apparatus, to eight self-contained breathing apparatus and the reduction of twelve permissible cap lamps and charging rack to eight permissible cap lamps and charging rack. The petitioner asserts that this petition request will in no way alter, change, or reduce the ability, effectiveness, or safety of the underground mine personnel. *Docket Number:* M-2006-073-C. *Petitioner:* T.J.S. Mining, Inc., 2340 Smith Road, Shelocta, Pennsylvania 15774. *Mines:* Rossmoyne No. 1 Mine, (MSHA I.D. No. 36-09075), located in Indiana County, Pennsylvania; T.J.S. No. 5 Mine, (MSHA I.D. No. 36-09159), located in Armstrong County, Pennsylvania; and T.J.S. No. 6 Mine, (MSHA I.D. No. 36-09464), located in Armstrong County, Pennsylvania. *Regulation Affected:* 30 CFR 75.1100-2(e)(2)) (Quantity and location of firefighting equipment) . *Modification Request:* The petitioner proposes to supply two

(2)fire extinguishers or one fire extinguisher of twice the required capacity at all temporary electrical installations in lieu of using 240 pounds of rock dust. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-074-C. *Petitioner:* T.J.S. Mining, Inc.,/Penn View Mining, Inc., 2340 Smith Road, Selocta, Pennsylvania. *Mines:* Rossmoyne No. 1 Mine, (MSHA I.D. No. 36-09075), located in Indiana County, Pennsylvania; Darmac No. 2 Mine, (MSHA I.D. No. 36-08135), located in Armstrong County, Pennsylvania; T.J.S. No. 5 Mine, (MSHA I.D. No. 36-09159), located in Armstrong County, Pennsylvania; and Penn View Mine, (MSHA I.D. No. 36-08741), located in Indiana County, Pennsylvania. *Regulation Affected:* 30 CFR 75.312(c) (Main mine fan examinations and records). *Modification Request:* The petitioner requests a modification of the existing standard to permit an alternative method for conducting the 31 day test of the fan signal. The petitioner states that to conduct the 31 day test procedure requires stopping and restarting the fan which can cause failure to the fan's electrical circuit, and further undue burden if the fan cannot be restarted within the required fifteen

(15)minutes. If the fan is stopped, this would require a special examination to be conducted which requires crawling approximately 2 miles because some of the mines are thin seam mines (34″−36″ height). The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-075-C. *Petitioner:* San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421. *Mine:* San Juan South Mine, (MSHA I.D. No. 29-02170), located in San Juan County, New Mexico. *Regulation Affected:* 30 CFR 75.1700 (Oil and gas wells). *Modification Request:* The petitioner has filed a petition for modification to request that Section 2 of the Proposed Decision and Order for its previously granted petition, docket number M-2000-109-C, be amended. The petitioner's previously granted petition permits mining through oil and gas wells. The petitioner requests that Section 2 of the Proposed Decision and Order of its previously granted petition be changed to further clarify the specific procedures required when approaching and cutting through the well, and to also bring the petition more in line with other granted petitions for safety standard 30 CFR 75.1700. The petitioner asserts that this amendment to the previously granted petition will provide at least the same measure of protection as the existing modification requirements. *Docket Number:* M-2006-010-M. *Petitioner:* Swenson Granite Company, LLC, 369 North State Street, Concord, New Hampshire 03301. *Mine:* Swenson Gray Quarry, (MSHA I.D. No. 27-00083), located in Merrimack County, New Hampshire. *Regulation Affected:* 30 CFR 56.19009 (Position indicator). *Modification Request:* The petitioner proposes to use state-of-the-art Pelligrini and Timberland stiff-leg derricks as man-hoists into the dimensional stone quarry, and use the company's hand signaling system daily to direct the derrick as an alternative to using the Position Indicator. The petitioner states that Swenson Granites' Gray Quarry is an open dimensional granite quarry that operates fixed stiff-leg derricks to lift stone and equipment, and that an accurate and reliable indicator of the skip or cage position will be provided in the shaft. The petitioner further states that the derricks operate and reach all areas of the quarry floor and walls and offer full view of the hook and loads, and the operation relies 100 percent on constant view of the hook and load, or the operation is stopped and conditions are improved to 100 percent visibility. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2006-011-M. *Petitioner:* Swenson Granite Company, LLC, 369 North State Street, Concord, New Hampshire 03301. *Mine:* Swenson Gray Quarry, (MSHA I.D. No. 27-00083), located in Merrimack County, New Hampshire. *Regulation Affected:* 30 CFR 56.19090 (Dual signaling systems). *Modification Request:* The petitioner proposes to use state-of-the-art Pelligrini and Timberland stiff-leg derricks as man-hoists into their dimensional stone quarry, and use the company's hand signaling system daily to direct the derrick as an alternative to using the speaking tube. The petitioner states that Swenson Granites' Gray Quarry is an open dimensional granite quarry that operates fixed stiff-leg derricks to lift stone and equipment. The petitioner proposes to continue using man hoisting with equipment that has been replaced by two newer stiff-leg derricks which they have done for many years. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Dated at Arlington, Virginia this 22nd day of November 2006. Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. [FR Doc. E6-20571 Filed 12-4-06; 8:45 am] BILLING CODE 4510-43-P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Information Security Oversight Office Public Interest Declassification Board (PIDB); Notice of Meeting Pursuant to section 1102 of the Intelligence Reform and Terrorism Prevention Act of 2004 which extended and modified the Public Interest Declassification Board

(PIDB)as established by the Public Interest Declassification Act of 2000 (Pub. L. 106-567, title VII, December 27, 2000, 114 Stat. 2856), announcement is made for the following committee meeting: *Name of Committee:* Public Interest Declassification Board (PIDB). *Date of Meeting:* Friday, December 15, 2006. *Time of Meeting:* 9 a.m. to 12:30 p.m. *Place of Meeting:* National Archives and Records Administration, 700 Pennsylvania Avenue, NW., Rooms 500/501, Washington, DC 20408. *Purpose:* To discuss declassification program issues. This meeting will be open to the public. However, due to space limitations and access procedures, the name and telephone number of individuals planning to attend must be submitted to the Information Security Oversight Office

(ISOO)no later than Monday, December 11, 2006. ISOO will provide additional instructions for gaining access to the location of the meeting. FOR FURTHER INFORMATION CONTACT: J. William Leonard, Director Information Security Oversight Office, National Archives Building, 700 Pennsylvania Avenue, NW., Washington, DC 20408, telephone number

(202)357-5250. Dated: November 30, 2006. J. William Leonard, Director, Information Security Oversight Office. [FR Doc. E6-20505 Filed 12-4-06; 8:45 am] BILLING CODE 7515-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 72-35] Energy Northwest, Columbia Generating Station Independent Spent Fuel Storage Installation Environmental Assessment and Finding of No Significant Impact Regarding a Proposed Exemption AGENCY: Nuclear Regulatory Commission. ACTION: Environmental Assessment and Finding of No Significant Impact. FOR FURTHER INFORMATION CONTACT: Christopher M. Regan, Senior Project Manager, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone:

(301)415-1179; fax number:

(301)415-1179; e-mail: *cmr1@nrc.gov.* SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC or Commission) is considering a request dated September 14, 2006, from Energy Northwest (applicant or Energy Northwest) for an exemption from certain requirements of Title 10, Code of Federal Regulations (CFR), Part 72 (10 CFR part 72), specifically, 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214, pursuant to 10 CFR 72.7, for the Columbia Generating Station

(CGS)Independent Spent Fuel Storage Installation (ISFSI), located on the CGS site in Benton County, Washington. The CGS ISFSI is an existing facility constructed for interim dry storage of spent nuclear fuel. At the CGS ISFSI, Energy Northwest has stored spent nuclear fuel in fifteen Holtec International HI-STORM 100 storage casks. As set forth in 10 CFR 72.214, the NRC has approved use of the HI-STORM 100 Cask System in Certificate of Compliance

(CoC)1014. The NRC has issued Amendments 1 (effective date July 15, 2002) and 2 (effective date June 7, 2005) to CoC 1014. Energy Northwest loaded the spent nuclear fuel into the HI-STORM 100 storage casks at the CGS ISFSI under Amendment 1. If approved by the NRC, the exemption would apply to all HI-STORM 100 storage casks fabricated and used in accordance with Amendment 1 of CoC 1014 at the CGS ISFSI. The exemption would authorize the applicant to perform analyses consistent with that granted by the NRC in Amendment 2 to CoC 1014 in lieu of certain analyses required by Amendment 1 to CoC 1014, specifically, Appendix B, Section 3.4.3.a., Site Specific Parameters and Analyses (concerning the determination of Holtec HI-STORM 100/ISFSI pad interface coefficient of friction under environmental conditions that may degrade the pad/cask interface, such as those caused by icing). The NRC has prepared an environmental assessment for this proposed action in accordance with the requirements of 10 CFR part 51. Based on the environmental assessment, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. Environmental Assessment

(EA)I. Identification of Proposed Action By letter dated September 14, 2006, Energy Northwest requested an exemption from the requirements of 10 CFR 72.212(a), 72.212(b)(2)(i), 72.212(b)(7) and 72.214, specifically, exemption from complying with Appendix B, Section 3.4.3.a., Site Specific Parameters and Analyses of Amendment 1 to CoC 1014, which requires a determination of the HI-STORM 100/ISFSI pad interface coefficient of friction under environmental conditions that may degrade the pad/cask interface, such as those caused by icing. Approval of the exemption request would allow the applicant to perform an analysis consistent with that granted by the NRC in Amendment 2 to CoC 1014 when evaluating icing conditions between the bottom of the HI-STORM 100 storage casks and the ISFSI pad in lieu of determining the HI-STORM 100/ISFSI interface coefficient of friction. The presence of ice formation at the interface between the bottom of the HI-STORM 100 storage casks and the ISFSI pad can result in the storage system being in an unanalyzed condition. Energy Northwest determined that the HI-STORM 100 storage casks used at the CGS ISFSI were susceptible to the icing phenomena and developed compensatory measures during cold weather conditions to maintain the friction coefficient in accordance with Amendment 1 to CoC 1014. For the NRC to permit Energy Northwest to demonstrate the safe condition of the HI-STORM 100 storage casks at the CGS ISFSI during cold weather conditions by performing analyses consistent with methods approved in Amendment 2 to CoC 1014, the NRC must grant Energy Northwest an exemption from certain general license conditions defined in 10 CFR 72.212 and the list of approved casks in 10 CFR 72.214. The NRC regulation, 10 CFR 72.212(a)(2), states that the general license for the storage of spent nuclear fuel at power reactor sites is limited to storage in casks approved under the provisions in 10 CFR part 72. By exempting Energy Northwest from 10 CFR 72.214, 10 CFR 72.212(a)(2) and certain other regulations in 10 CFR part 72.212 that concern compliance with the applicable CoC, namely, 72.212(b)(2)(i)(A) and 72.212(b)(7), Energy Northwest will be authorized to deviate from CoC 1014 (Amendment 1) Appendix B, Section 3.4.3.a, which requires determination of the HI-STORM 100/ISFSI pad interface coefficient of friction. II. Need for the Proposed Action Fifteen HI-STORM 100 storage casks have been loaded under Amendment 1 of CoC 1014 and are stored at the CGS ISFSI. Energy Northwest is currently performing compensatory measures during cold weather conditions, including monitoring operator walkdowns, de-icing, and clearing of a pathway on the ISFSI for draining, to maintain the friction coefficient in accordance with Amendment 1 to CoC 1014. Elimination of the need to continue implementation of these compensatory measures would reduce worker radiation dose and free operators to be more responsive to other duties. III. Environmental Impacts of the Proposed Action The potential environmental impact of using the HI-STORM 100 Cask System was initially analyzed in the environmental assessment for the final rule to add the HI-STORM 100 Cask System to the list of approved spent fuel storage casks in 10 CFR 72.214 (65 FR 25241; May 1, 2000). In addition, the potential environmental impact of Amendment 2 changes to CoC 1014 was analyzed in the environmental assessment for the final rule that amended 10 CFR 72.214 to add Amendment 2 to CoC 1014 (70 FR 32977; June 7, 2005). Both environmental assessments concluded that there would be no significant environmental impacts as a result of the respective actions, and as such, the NRC made a finding of no significant impact. The NRC staff finds that the conclusions set forth in these environmental assessments continue to be valid. The HI-STORM 100 Cask System is designed to mitigate the effects of design basis accidents that could occur during storage. Design basis accidents account for human-induced events and the most severe natural phenomena reported for the site and surrounding area. Postulated accidents analyzed for an ISFSI include tornado winds and tornado generated missiles, design basis earthquake, design basis flood, accidental cask drop, lightning effects, fire, explosions, and other incidents. Considering the specific design requirements for each accident condition, the design of the HI-STORM 100 Cask System, would prevent loss of containment, shielding, and criticality control. Amendment 1 to CoC 1014, Appendix B, Section 3.4.3.a, requires that the Coulomb friction coefficient for the HI-STORM 100/ISFSI pad interface be at least 0.53 under all conditions. Amendment 2 to CoC 1014, Appendix B, Section 3.4.3.a. includes a provision, that for free standing casks, the response of the casks under the site's Design Basis Earthquake

(DBE)could be established using the best estimate of the friction coefficient in an appropriate analysis model. The analysis would demonstrate that the DBE would not result in cask tip-over or cause a cask to fall off the pad, or cause an impact between casks, or if an accident were to occur, would demonstrate that the maximum g-load experienced by the stored spent nuclear fuel would be limited to 45 g's. The use of methods described in Section 3.4.3.a of Appendix B, approved by the NRC in Amendment 2 to CoC 1014, in demonstrating the safe storage of spent nuclear fuel during environmental conditions that might degrade the pad/cask interface friction, such as those caused by icing, will not result in any degradation of specific design requirements, namely, containment, shielding or criticality control. Without the loss of either containment, shielding, or criticality control, the risk to public health and safety is not compromised. By permitting the use of methods described in Section 3.4.3.a of Appendix B, approved by the NRC in Amendment 2 to CoC 1014, there will be a reduction in occupational exposure due to the relief from the performance of compensatory measures. Therefore, the NRC staff has determined that acceptable safety margins are maintained and that there are no significant environmental impacts as a result of using the methods described in Section 3.4.3.a of Appendix B, approved by the NRC in Amendment 2 to CoC 1014, to demonstrate safe storage of spent nuclear fuel at the CGS ISFSI. IV. Alternatives to the Proposed Action The staff evaluated the no action alternative, which would be a denial of the exemption request. Denial of the exemption request would result in continued performance of compensatory measures by Energy Northwest, thereby continuing to subject workers to an increased radiation dose than would be the case if the compensatory measures were not conducted. V. Agencies and Persons Consulted On October 27, 2006, Mr. Michael Mills of the State of Washington Energy Facility Site Evaluation Council was contacted about the EA for the proposed action and had no concerns. Finding of No Significant Impact The environmental impacts of the proposed action have been reviewed in accordance with the requirements set forth in 10 CFR part 51. The proposed action will not have a significant effect on the quality of the human environment because the use of the Amendment 2 methodology will reduce worker radiation dose, and further, will not result in any degradation to specific cask design requirements, namely, containment, shielding, or criticality control. As described in the foregoing EA, the Commission finds that the proposed action of granting an exemption from 10 CFR 72.212(a)(2), 72.212(b)(2)(i)(A), 72.212(b)(7), and 72.214, pursuant to 10 CFR 72.7, which will permit Energy Northwest to perform analyses consistent with that granted by the NRC in Amendment 2 to CoC 1014, Appendix B, Section 3.4.3.a at the CGS ISFSI, is not a major Federal action significantly affecting the quality of the human environment and, therefore, an environmental impact statement is not required. Further Information In accordance with 10 CFR 2.390 of NRC's “Rules of Practice,” final NRC records and documents regarding this proposed action, including the exemption request dated September 14, 2006, are publically available in the records component of NRC's Agencywide Documents Access and Management System (ADAMS). These documents may be inspected at NRC's Public Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* These documents may also be viewed electronically on the public computers located at the NRC's Public Document Room (PDR), O1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1-800-397-4209 or

(301)415-4737, or by e-mail to *pdr@nrc.gov.* Dated at Rockville, Maryland, this 20th day of November 2006. For the Nuclear Regulatory Commission. Christopher M. Regan, Senior Project Manager, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6-20568 Filed 12-4-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Nuclear Waste; Meeting on Planning and Procedures; Notice of Meeting The Advisory Committee on Nuclear Waste

(ACNW)will hold a Planning and Procedures meeting on December 12, 2006, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland. The entire meeting will be open to public attendance, with the exception of a portion that may be closed pursuant to 5 U.S.C. 552b

(2)and

(6)to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of ACNW, and information the release of which would constitute a clearly unwarranted invasion of personal privacy. The agenda for the subject meeting shall be as follows: Tuesday, December 12, 2006—8:30 a.m.-9:30 a.m. The Committee will discuss proposed ACNW activities and related matters. The purpose of this meeting is to gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Antonio F. Dias (Telephone: 301/415-6805) between 8:15 a.m. and 5 p.m.

(ET)five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 8:15 a.m. and 5 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes in the agenda. Dated: November 28, 2006. Michael R. Snodderly, Branch Chief, ACRS/ACNW. [FR Doc. E6-20515 Filed 12-4-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Act Meeting Dates: Weeks of December 4, 11, 18, 25, 2006, January 1, 8, 2007. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and closed. Matters to be Considered: Week of December 4, 2006 Wednesday, December 6, 2006 2:45 p.m. Discussion of Security Issues (Closed—Ex. 1). Thursday, December 7, 2006 9:25 a.m. Affirmation Session (Public Meeting) (Tentative) a. Hydro Resources, Inc. (Crownpoint, NM) Intervenors' Petition for Review of LBP-06-19 (Final Partial Initial Decision—NEPA Issues) (Tentative). 9:30 a.m. Discussion of Management Issues (Closed—Ex. 2). Week of December 11, 2006—Tentative Monday, December 11, 2006 1:30 p.m. Briefing on Status of Decommissioning Activities (Public Meeting) (Contact: Keith McConnell, 301-415-7295). This meeting will be webcast live at the Web address, *http://www.nrc.gov.* Tuesday, December 12, 2006 9:30 a.m. Briefing on Threat Environment Assessment (Closed—Ex. 1). 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1 & 3). Wednesday, December 13, 2006 9:30 a.m. Briefing on Status of Equal Employment Opportunity

(EEO)Programs (Public Meeting) (Contact: Barbara Williams, 301-415-7388). This meeting will be webcast live at the Web address, *http://www.nrc.gov* . Thursday, December 14, 2006 9:25 a.m. Affirmation Session (Public Meeting) (Tentative) a. Entergy Nuclear Vermont Yankee, LLC, & Entergy Nuclear Operations, Inc. (Vermont Yankee Nuclear Power Station), LBP-06-20 (Sept. 22, 2006), reconsid'n denied (Oct. 30, 2006) (Tentative). 9:30 a.m. Meeting with Advisory Committee on Nuclear Waste

(ACNW)(Public Meeting) (Contact: John Larkins, 301-415-7360). This meeting will be webcast live at the Web address, *http://www.nrc.gov.* Week of December 18, 2006—Tentative There are no meetings scheduled for the Week of December 18, 2006. Week of December 25, 2006—Tentative There are no meetings scheduled for the Week of December 25, 2006. Week of January 1, 2007—Tentative There are no meetings scheduled for the Week of January 1, 2007. Week of January 8, 2007—Tentative Wednesday, January 10, 2007 9:30 a.m. Briefing on Browns Ferry Unit 1 Restart (Public Meeting) (Contact: Catherine Haney, 301-415-1453). This meeting will be webcast live at the Web address, *http://www.nrc.gov.* * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,

(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/what-we-do/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format ( *e.g.* braille, large print), please notify the NRC's Disability Program Coordinator, Deborah Chan, at 301-415-7041, TDD: 301-415-2100, or by e-mail at *DLC@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: November 30, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-9535 Filed 11-31-06; 10:04 am]

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