Notices. Notice of petitions for modification of existing mandatory safety standards

7,523 words·~34 min read·/register/2007/08/15/07-4002

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

BILLING CODE 4410-15-M DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification AGENCY: Mine Safety and Health Administration, 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 received by the Off ice of Standards, Regulations, and Variances on or before September 14, 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. Individuals who submit comments by hand delivery are required to check in at the receptionist desk on the 21st floor. Individuals may inspect copies of the petitions and comments during normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory Development Division at 202-693-9444 (Voice), *sexauer.edward@dol.gov* (E-mail), or 202-693-9441 (Telefax), or 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:

(1)An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or

(2)that the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modifications. II. Petitions for Modification *Docket Number:* M-2007-043-C. *Petitioner:* Consolidation Coal Company, 1800 Washington Road, Pittsburgh, Pennsylvania 15241. *Mine:* Robinson Run Mine #95, MSHA I.D. No. 46-01318, located in Harrison County, West Virginia. *Regulation Affected:* 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables and cords). *Modification Request:* The petitioner requests a modification of the existing standard to permit the maximum length of trailing cables supplying power to permissible equipment used in continuous mining sections to be increased to 1,000 feet. The petitioner states that:

(1)The trailing cables will be used only to supply three-phase, 575-volt power to loading machines, shuttle cars, roof bolters (longwall and section), section ventilation fans and de-gas drills;

(2)the trailing cables will not be smaller than # 2 American Wire Gauge

(AWG)and the trailing cables for the roof bolter will not be smaller than # 4 AWG;

(3)all circuit breakers used to protect # 2 AWG trailing cables exceeding 700 feet in length will have instantaneous trip units calibrated to trip at 800 amperes;

(4)the trip setting of the circuit breakers will be sealed or locked and will have permanent and maintained legible labels;

(5)each label will identify the circuit breaker as being suitable for protecting # 2 AWG cables;

(6)the circuit breakers used to protect # 4 AWG trailing cables exceeding 600 feet in length will have instantaneous trip units calibrated to trip at 500 amperes and the trip setting of the circuit breakers will be sealed or locked and will have permanent and maintained legible labels;

(7)each label will identify the circuit breaker as being suitable for protecting # 4 AWG cables; and

(8)replacement instantaneous trip units used to protect # 4 AWG trailing cables will be calibrated to trip at 500 amperes and will be sealed and locked. The petitioner has listed specific additional procedures in this petition that will be used to comply with the proposed alternative method. Individuals may review a complete description of the procedures at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. *Docket Number:* M-2007-044-C. *Petitioner:* C.W. Mining Company, P.O. Box 300, Huntington, Utah 84528. *Mine:* Bear Canyon No. 4 Mine, MSHA I.D. No. 42-02335, located in Emery County, Utah. *Regulation Affected:* 30 CFR 75.350 (Belt air course ventilation). *Modification Request:* The petitioner requests a modification of the existing standard to permit the belt-haulage entry to be used as the return entry during two-entry longwall panel development and as an intake entry to provide additional face ventilation during longwall panel retreat mining. The petitioner states that an atmospheric monitoring system

(AMS)for early warning fire detection will be utilized throughout the two-entry system and all sensors that are part of the AMS will be diesel-discriminating (carbon monoxide and nitric oxide) sensors. The petitioner has listed specific additional procedures in this petition that will be used to comply with the proposed alternative method. Individuals may review a complete description of the procedures at the MSHA address listed in this notice. The petitioner asserts that the petitioned-for method will at all times guarantee no less than the same measure of protection afforded by 30 CFR 75.350, and that application of the existing standard will result in a diminution of safety to the miners. *Docket Number:* M-2007-045-C. *Petitioner:* Alpha & Omega Coal Company, LLC, Drawer 887, Louisa, Kentucky 41230. *Mine:* No. 2 Deep Mine, MSHA I.D. No. 46-09187, located in Mingo County, West Virginia. *Regulation Affected:* 30 CFR 75.1002 (Installation of electric equipment and conductors; permissibility). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of 2, 400-volt AC-powered continuous mining equipment at the No. 2 Deep 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-2007-046-C. *Petitioner:* Twentymile Coal Company, Three Gateway Center, Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222. *Mine:* Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt County, Colorado. *Regulation Affected:* 30 CFR 75.335(c) (Construction of seals). *Modification Request:* The petitioner requests a modification of the existing standard to permit an alternative method of compliance with the prohibition against welding, cutting, or soldering on the longwall face equipment within 150 feet of seals. The petitioner states that:

(1)Prior to welding or cutting activity on the longwall face within 150 feet of seals, the ventilation plan will be reviewed with the person(s) involved in such welding or cutting;

(2)welding, cutting, or soldering with arc or flame will be done under the supervision of a qualified person who will make a diligent search for fire during and after such operations and shall continuously test for methane with means approved by the Secretary immediately before and during such operations;

(3)welding, cutting, or soldering will not be conducted in air that contains 1.0 volume per centum or more of methane;

(4)the area will be wet or rock dusted, and additional rock dust or suitable fire extinguishers will be immediately available during such welding or cutting;

(5)prior to welding and cutting, a determination will be made concerning the presence of ventilation quantities and velocities specified in the ventilation plan;

(6)prior to welding and cutting, a qualified person will examine the area for methane as well as the area towards the closest seal to the area, for a distance that can be traveled safely; and

(7)if methane is detected above 1.0 percent at any location during examination, cutting, welding, or soldering on the longwall face or in the tailgate area will be not be permitted. The petitioner asserts that the proposed alternative method would provide an equal measure of protection as that provided by the existing standard. *Docket Number:* M-2007-047-C. *Petitioner:* Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 41763. *Mine:* Mine # 77, MSHA I.D. No. 15-09636, located in Perry County, Kentucky. *Regulation Affected:* 30 CFR 75.364(b)(2) (Weekly examination). *Modification Request:* The petitioner requests a modification of the existing standard to permit check points (examination points) for air volume and quality to be established in two locations of the Alwest 2 Mains due to poor roof conditions that prevent foot travel through the affected area of the mine. The petitioner proposes to establish evaluation points at certain points to evaluate airflow entering the Alwest 2 Mains and exiting the Alwest 2 Mains. The petitioner also proposes to establish ventilation check points between certain breaks of the Alwest 2 Main. The petitioner states that due to the adverse roof conditions and the distance from active works, it is impractical to expose personnel to traveling the affected area. The petitioner describes additional safety precautions, such as signage and establishing and monitoring air measurement stations, at locations that would allow a certified person to effectively evaluate ventilation in the affected area of the mine. The petitioner has listed specific additional procedures in this petition that will be used to comply with the proposed alternative method. Individuals may review a complete description of the procedures at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. *Docket Number:* M-2007-048-C. *Petitioner:* Paramont Coal Company Virginia, LLC, 2333 Alumni Park Plaza, Suite 310, Lexington, Kentucky. *Mine:* Deep Mine # 26, MSHA I.D. No. 44-06929, located in Wise County, Virginia. *Regulation Affected:* 30 CFR 75.1909(b)(6) ( Nonpermissible diesel-powered equipment; design and performance requirements). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of a Getman Roadbuilder, Model RDG-1504, and Serial Number 6946. The petitioner proposes to:

(1)Operate one Getman Roadbuilder without front brakes as originally designed;

(2)train grader operators to lower the moldboard to provide additional stopping capability in emergency situations;

(3)train operators to recognize the appropriate speeds to use on different roadway conditions; and

(4)limit the maximum speed to 10 miles per hour. The petitioner states that:

(1)The Roadbuilder has six wheels and a braking system on the four rear wheels;

(2)the weight distribution over the four back wheels and the machine's braking system is adequate to stop the machine; and

(3)the safety of the miners will not be compromised. The petitioner asserts that the design of the Getman Roadbuilder guarantees no less than the same measure of protection afforded by the existing standard. *Docket Number:* M-2007-007-M. *Petitioner:* Phelps Dodge Safford, Inc., 1124 W. Thatcher Blvd., Suite 202, Safford, Arizona 85546. *Mine:* Safford Mine, MSHA I.D. No. 02-00299, located in Graham County, Arizona. *Regulation Affected:* 30 CFR 56.6309(b) (Fuel oil requirements for ANFO). *Modification Request:* The petitioner requests a modification of the existing standard to permit the use of used petroleum-based, lubrication oil from diesel equipment (recycled oil) for blending with diesel fuel and conventional prills to create ammonium nitrate-fuel oil (ANFO). The petitioner has listed specific additional procedures in this petition that will be used to comply with the proposed alternative method. Individuals may review a complete description of the procedures at the MSHA address listed in this notice. The petitioner asserts that the proposed alternative method would at all times guarantee no less than the same measure of protection as the existing standard. Dated: August 9, 2007. Jack Powasnik, Acting Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E7-16022 Filed 8-14-07; 8:45 am] BILLING CODE 4510-43-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-182; EA-07-197] In the Matter of Purdue University (Purdue University Research Reactor); Order Modifying Facility Operating License No. R-87 I Purdue University (the licensee) is the holder of Facility Operating License No. R-87 (the license) issued on August 16, 1962, by the U.S. Atomic Energy Commission, and subsequently renewed on August 8, 1988, by the U.S. Nuclear Regulatory Commission (the NRC or the Commission). The license authorizes operation of the Purdue University Research Reactor (the facility) at a power level up to 1 kilowatt thermal. The facility is a research reactor located on the campus of Purdue University, in the city of West Lafayette, Tippecanoe County, Indiana. The mailing address is Radiation Laboratories, Purdue University, Nuclear Engineering Building, 400 Central Drive, West Lafayette, IN 47907-2017. II Title 10 of the Code of Federal Regulations (10 CFR) Section 50.64, limits the use of high-enriched uranium

(HEU)fuel in domestic non-power reactors (research and test reactors) (see 51 FR 6514). The regulation, which became effective on March 27, 1986, requires that if Federal Government funding for conversion-related costs is available, each licensee of a non-power reactor authorized to use HEU fuel shall replace it with low-enriched uranium

(LEU)fuel acceptable to the Commission unless the Commission has determined that the reactor has a unique purpose. The Commission's stated purpose for these requirements was to reduce, to the maximum extent possible, the use of HEU fuel in order to reduce the risk of theft and diversion of HEU fuel used in non-power reactors. Paragraphs 50.64(b)(2)(i) and

(ii)require that a licensee of a non-power reactor

(1)not acquire more HEU fuel if LEU fuel that is acceptable to the Commission for that reactor is available when the licensee proposes to acquire HEU fuel, and

(2)replace all HEU fuel in its possession with available LEU fuel acceptable to the Commission for that reactor in accordance with a schedule determined pursuant to 10 CFR 50.64(c)(2). Paragraph 50.64(c)(2)(i) requires, among other things, that each licensee of a non-power reactor authorized to possess and to use HEU fuel develop and submit to the Director of the Office of Nuclear Reactor Regulation (Director) by March 27, 1987, and at 12-month intervals thereafter, a written proposal for meeting the requirements of the rule. The licensee shall include in its proposal a certification that Federal Government funding for conversion is available through the U.S. Department of Energy or other appropriate Federal agency and a schedule for conversion, based upon availability of replacement fuel acceptable to the Commission for that reactor and upon consideration of other factors such as the availability of shipping casks, implementation of arrangements for available financial support, and reactor usage. Paragraph 50.64(c)(2)(iii) requires the licensee to include in the proposal, to the extent required to effect conversion, all necessary changes to the license, to the facility, and to licensee procedures. This paragraph also requires the licensee to submit supporting safety analyses in time to meet the conversion schedule. Paragraph 50.64(c)(2)(iii) also requires the Director to review the licensee proposal, to confirm the status of Federal Government funding, and to determine a final schedule, if the licensee has submitted a schedule for conversion. Section 50.64(c)(3) requires the Director to review the supporting safety analyses and to issue an appropriate enforcement order directing both the conversion and, to the extent consistent with protection of public health and safety, any necessary changes to the license, the facility, and licensee procedures. In the **Federal Register** notice of the final rule (51 FR 6514), the Commission explained that in most, if not all cases, the enforcement order would be an order to modify the license under 10 CFR 2.204 (now 10 CFR 2.202). Section 2.309 states the requirements for a person whose interest may be affected by any proceeding to initiate a hearing and to participate as a party. III On August 13, 2006 (Agencywide Documents Access and Management System (ADAMS) Accession Nos. ML062400495 and ML070920272), as supplemented on May 3 (ADAMS Accession No. ML071410299) and June 18, 2007 (ADAMS Accession No. ML071700633), the NRC staff received the licensee's conversion proposal, including its proposed modifications and supporting safety analyses. HEU fuel assemblies are to be replaced with LEU fuel assemblies. The fuel assemblies contain fuel plates, typical of the Materials Testing Reactor design, with the fuel consisting of uranium silicide dispersed in an aluminum matrix. These plates contain the uranium-235 isotope at an enrichment of less than 20 percent. The NRC staff reviewed the licensee's proposal and the requirements of 10 CFR 50.64 and has determined that public health and safety and common defense and security require the licensee to convert the facility from the use of HEU to LEU fuel in accordance with the attachments to this Order and the schedule included herein. The attachments to this Order specify the changes to the license conditions and technical specifications that are needed to amend the facility license and contains an outline of a reactor startup report to be submitted to NRC within six months following return of the converted reactor to normal operation. IV Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i, and 161o of the Atomic Energy Act of 1954, as amended, and to Commission regulations in 10 CFR 2.202 and 10 CFR 50.64, *It is hereby ordered that:* Facility Operating License No. R-87 is modified by amending the license conditions and technical specifications as stated in the attachments to this Order ( *Attachment 1:* MODIFICATIONS TO FACILITY OPERATING LICENSE NO. R-87; *Attachment 2:* OUTLINE OF REACTOR STARTUP REPORT). The Order becomes effective on the later date of either

(1)the day the licensee receives an adequate number and type of LEU fuel assemblies to operate the facility as specified in the licensee proposal dated August 13, 2006 (ADAMS Accession Nos. ML062400495 and ML070920272), as supplemented on May 3 (ADAMS Accession No. ML071410299) and June 18, 2007 (ADAMS Accession No. ML071700633), or

(2)23 days after the date of publication of this Order in the **Federal Register** . V Any person adversely affected by this Order may submit an answer to this Order, and may request a hearing on this Order, within 20 days of the date of this Order. Any answer or request for a hearing shall set forth the matters of fact and law on which the person adversely affected relies and the reasons why the Order should not have been issued. Any answer or request for a hearing shall be filed

(1)by first class mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or

(2)by courier, express mail, and expedited delivery services to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Because of possible delays in delivery of mail to the United States Government Offices, it is requested that answers and/or requests for hearing be transmitted to the Secretary of the Commission either by e-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, *HEARINGDOCKET@NRC.GOV;* or by facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at 301-415-1101 (the verification number is 301-415-1966). Copies of the request for hearing must also be sent to the Director, Office of Nuclear Reactor Regulation and to the Assistant General Counsel for Materials Litigation and Enforcement, Office of the General Counsel, with both copies addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and the NRC requests that a copy also be transmitted either by facsimile transmission to 301-415-3725 or by e-mail to *OGCMailCenter@nrc.gov.* If a person requests a hearing, he or she shall set forth in the request for a hearing with particularity the manner in which his or her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by a person whose interest is adversely affected, the Commission shall issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. In accordance with 10 CFR 51.10(d), this Order is not subject to Section 102(2) of the National Environmental Policy Act, as amended. The NRC staff notes, however, that with respect to environmental impacts associated with the changes imposed by this Order as described in the safety evaluation, the changes would, if imposed by other than an Order, meet the definition of a categorical exclusion in accordance with 10 CFR 51.22(c)(9). Thus, pursuant to either 10 CFR 51.10(d) or 51.22(c)(9), no environmental assessment or environmental impact statement is required. For further information see the application from the licensee dated August 13, 2006 (ADAMS Accession Nos. ML062400495 and ML070920272), as supplemented on May 3 (ADAMS Accession No. ML071410299) and June 18, 2007 (ADAMS Accession No. ML071700633), the staff's request for additional information dated March 13, 2007 (ADAMS Accession No. ML070680273), and the cover letter to the licensee, attachments to this Order and the NRC staff's safety evaluation dated August 9, 2007 (ADAMS Accession No. ML071920168), available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the ADAMS Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* Persons who do not have access to ADAMS or who have problems in accessing the documents 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 this 9th day of August 2007. For the Nuclear Regulatory Commission James T. Wiggins, Deputy Director, Office of Nuclear Reactor Regulation. [FR Doc. E7-16070 Filed 8-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Unistar Nuclear LLC; Notice of Receipt and Availability of Part of an Application for a Combined License On July 13, 2007 (ML071980294), UniStar Nuclear LLC (UniStar) filed with the Nuclear Regulatory Commission (NRC, the Commission) pursuant to Section 103 of the Atomic Energy Act and 10 CFR Part 52, a portion of an application for a combined license

(COL)for a U.S. EPR nuclear power plant at the Calvert Cliffs Nuclear Power Plant facility in Lusby, Maryland identified as Calvert Cliffs Nuclear Power Plant Unit No. 3. UniStar supplemented its filing with a letter dated July 16, 2007 (ML072000363). An applicant may seek a COL in accordance with Subpart C of 10 CFR Part 52 and may submit such an application in two parts in accordance with 10 CFR 2.101(a)(5). The part submitted by UniStar on July 13 consists of the Environmental Report required by 10 CFR 50.30(f) as well as other information required under 10 CFR 2.101(a)(5). This information includes certain administrative information such as financial qualifications submitted pursuant to 10 CFR 50.33, Chapter 2, “Site Characteristics,” of the safety analysis report (SAR), which is submitted pursuant to 10 CFR 50.34(a)(1), and an agreement to limit access to sensitive information submitted pursuant to 10 CFR 50.37. To support its application, UniStar also requested an exemption from 10 CFR 2.101(a)(5), as documented in its July 13, 2007 letter. The NRC will review this exemption request and render its decision as part of the acceptance review of the application. Subsequent **Federal Register** notices will address the acceptability of this part of the tendered COL application for docketing and provisions for participation of the public in the COL review process. A copy of the application is available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland and via the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, *http://www.nrc.gov/reading-rm/adams.html.* The accession number for the application is ML071980294. Future publicly available documents related to the application will also be posted in ADAMS. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC Public Document Room staff by telephone at 1-800-397-4209 or 301-415-4737, or by e-mail to *pdr@nrc.gov.* The application is also available at *http://www.nrc.gov/reactors/new-licensing/col.html.* Dated at Rockville, Maryland, this 9th day of August, 2007. For the Nuclear Regulatory Commission. Thomas A. Bergman, Deputy Director, Licensing Operations Division of New Reactor Licensing, Office of New Reactors. [FR Doc. E7-16068 Filed 8-14-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-05004] Notice of License Termination and Release of the Northern States Power Company Pathfinder Site in Sioux Falls, SD, for Unrestricted Use AGENCY: U.S. Nuclear Regulatory Commission. ACTION: Notice of license termination and site release for unrestricted use. FOR FURTHER INFORMATION CONTACT: Chad J. Glenn, Materials Decommissioning Section, Division of Waste Management and Environmental Protection, NRC, Washington, DC 20555; telephone:

(301)415-6722; fax:

(301)415-5369; or e-mail at: *cjg1@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR Part 20 Subpart E, the U.S. Nuclear Regulatory Commission

(NRC)is providing notice that it has terminated Northern States Power Company, dba Xcel Energy, Materials License No. 22-08799-02 and released its Pathfinder site in Sioux Falls, South Dakota for unrestricted use. The licensee's request for an amendment to authorize decommissioning of its Pathfinder site was noticed in the **Federal Register** on August 4, 2004 (69 FR 47185). A notice of availability of an environmental assessment and finding of no significant impact related to this action was published in the **Federal Register** on May 25, 2005 (70 FR 30150) and the license was amended to authorize decommissioning activities in accordance with a NRC-approved decommissioning plan. In a letter dated February 26, 2007, Xcel Energy provided final radiological status surveys to demonstrate that the site met the license termination criteria in 10 CFR Part 20 Subpart E. NRC staff conducted inspections and confirmatory surveys including the collection of samples and independent measurements of on-site soils and building surfaces. The NRC staff evaluated Xcel Energy's request and reviewed the results of the final radiological surveys. Based on those reviews, the staff determined that the site met the unrestricted release criteria in 10 CFR Part 20 Subpart E. The staff prepared a Safety Evaluation Report

(SER)to support its termination of the Northern States Power Company license for the Pathfinder site. II. Further Information In accordance with 10 CFR Part 2.790 of the NRC's “Rules of Practice,” details with respect to this action, including the SER, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html.* From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession number for the termination letter with enclosed SER, titled “Completion of Decommissioning Activities Northern States Power Company DBA Xcel Energy Pathfinder Site, Sioux Falls, South Dakota (Docket No. 030-05004)” is ML071900323. If you do not have access to ADAMS or if there are problems in accessing a document located in ADAMS, contact the NRC Public Document Room

(PDR)Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to *pdr@nrc.gov.* This document may also be viewed electronically on the public computers located at the NRC's PDR, O-1-F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at NRC, Rockville, MD, this 8th day of August 2007. For the Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery, Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E7-16067 Filed 8-14-07; 8:45 am] BILLING CODE 7590-01-P OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Andean Trade Preference Act (ATPA); Notice Regarding the 2007 Annual Review AGENCY: Office of the United States Trade Representative. ACTION: Notice and request for petitions. SUMMARY: This notice announces the 2007 Annual Review of the Andean Trade Preference Act (ATPA). Under this process petitions may be filed calling for the limitation, withdrawal or suspension of ATPA or ATPDEA benefits by presenting evidence that the eligibility criteria of the program are not being met. USTR will publish a list of petitions filed in response to this announcement in the **Federal Register** . DATES: The deadline for the submission of petitions for the 2007 Annual ATPA Review is September 17, 2007. ADDRESSES: Submit petitions by electronic mail (e-mail) to *FR0716@ustr.eop.gov.* FOR FURTHER INFORMATION CONTACT: Bennett M. Harman, Deputy Assistant U.S. Trade Representative for Latin America, Office of the Americas, Office of the United States Trade Representative, 600 17th St., NW., Washington, DC 20508. The telephone number is

(202)395-9446 and the facsimile number is

(202)395-9675. SUPPLEMENTARY INFORMATION: The ATPA (19 U.S.C. 3201-06), as renewed and amended by the Andean Trade Promotion and Drug Eradication Act (ATPDEA) in the Trade Act of 2002 (Pub. L. 107-210) and extended until February 29, 2008 by H.R. 1830, the Andean Trade Preference Act, (Pub L. 110-42), provides for trade benefits for eligible Andean countries. Consistent with Section 3103(d) of the ATPDEA, USTR promulgated regulations (15 CFR part 2016) (68 FR 43922) regarding the review of eligibility of articles and countries for the benefits of the ATPA, as amended. The 2007 Annual ATPA Review is the fourth such review to be conducted pursuant to the ATPA review regulations. To qualify for the benefits of the ATPA and ATPDEA, each country must meet several eligibility criteria, as set forth in sections 203(c) and (d), and section 204(b)(6)(B) of the ATPA, as amended (19 U.S.C. 3202(c), (d); 19 U.S.C. 3203(b)(6)(B)), and as outlined in the **Federal Register** notice USTR published to request public comments regarding the designation of eligible countries as ATPDEA beneficiary countries (67 FR 53379). Under section 203(e) of the ATPA, as amended (19 U.S.C. 3202(e)), the President may withdraw or suspend the designation of any country as an ATPA or ATPDEA beneficiary country, and may also withdraw, suspend, or limit preferential treatment for any product of any such beneficiary country, if the President determines that, as a result of changed circumstances, the country is not meeting the eligibility criteria. The ATPA regulations provide the schedule of dates for conducting an annual review, unless otherwise specified by **Federal Register** notice. Notice is hereby given that, in order to be considered in the 2007 Annual ATPA Review, all petitions to withdraw or suspend the designation of a country as an ATPA or ATPDEA beneficiary country, or to withdraw, suspend, or limit application of preferential treatment to any article of any ATPA beneficiary country under the ATPA, or to any article of any ATPDEA beneficiary country under section 204(b)(1), (3), or

(4)(19 U.S.C. 3202(b)(1), (3), (4)) of the ATPA, must be received by the Andean Subcommittee of the Trade Policy Staff Committee no later than 5 p.m. EDT on September 17, 2007. Petitioners should consult 15 CFR 2016.0 regarding the content of such petitions. E-mail submissions should be single copy transmissions in English, and the total submission including attachments should not exceed 50 pages. Submissions should use the following subject line: “2007 Annual ATPA Review—Petition.” Documents must be submitted as either WordPerfect (“.WPD”), MSWord (“.DOC”), Adobe (“PDF”), or text (“.TXT”) file. Supporting documentation submitted as spreadsheets are acceptable as Quattro Pro or Excel, pre-formatted for printing on 8 1/2 × 11 inch paper. To the extent possible, any data attachments to the submission should be included in the same file as the submission itself, and not as separate files. Petitions will be available for public inspection by appointment with the staff of the USTR Public Reading Room, except for information granted “business confidential” status pursuant to 15 CFR 2003.6. If the submission contains business confidential information, a non-confidential version of the submission must also be submitted that indicates where confidential information was redacted by inserting asterisks where material was deleted. In addition, the confidential submission must be clearly marked “BUSINESS CONFIDENTIAL” in large, bold letters at the top and bottom of every page of the document. The public version that does not contain business confidential information must be clearly marked either “PUBLIC VERSION” or “NON-CONFIDENTIAL” in large, bold letters at the top and bottom of every page. The file name of any document containing business confidential information attached to an e-mail transmission should begin with the characters “BC-”, and the file name of the public version should begin with the characters “P-”. The “P-” or “BC-” should be followed by the name of the person or party submitting the petition. Submissions by e-mail should not include separate cover letters or messages in the message area of the e-mail; information that might appear in any cover letter should be included directly in the submission. The e-mail address for submissions is *FR0716@ustr.eop.gov.* Public versions of all documents relating to this review will be available for review shortly after the due date by appointment in the USTR Public Reading Room, 1724 F Street, NW., Washington, DC. Availability of documents may be ascertained, and appointments may be made from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday, by calling

(202)395-6186. Carmen Suro-Bredie, Chairman, Trade Policy Staff Committee. [FR Doc. E7-16014 Filed 8-14-07; 8:45 am] BILLING CODE 3190-W7-P PENSION BENEFIT GUARANTY CORPORATION Required Interest Rate Assumption for Determining Variable-Rate Premium for Single-Employer Plans; Interest Assumptions for Multiemployer Plan Valuations Following Mass Withdrawal AGENCY: Pension Benefit Guaranty Corporation. ACTION: Notice of interest rates and assumptions. SUMMARY: This notice informs the public of the interest rates and assumptions to be used under certain Pension Benefit Guaranty Corporation regulations. These rates and assumptions are published elsewhere (or can be derived from rates published elsewhere), but are collected and published in this notice for the convenience of the public. Interest rates are also published on the PBGC's Web site ( *http://www.pbgc.gov* ). DATES: The required interest rate for determining the variable-rate premium under part 4006 applies to premium payment years beginning in August 2007. The interest assumptions for performing multiemployer plan valuations following mass withdrawal under part 4281 apply to valuation dates occurring in September 2007. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion, Manager, Regulatory and Policy Division, Legislative and Regulatory Department, Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.) SUPPLEMENTARY INFORMATION: Variable-Rate Premiums Section 4006(a)(3)(E)(iii)(II) of the Employee Retirement Income Security Act of 1974 (ERISA) and § 4006.4(b)(1) of the PBGC's regulation on Premium Rates (29 CFR part 4006) prescribe use of an assumed interest rate (the “required interest rate”) in determining a single-employer plan's variable-rate premium. Pursuant to the Pension Protection Act of 2006, for premium payment years beginning in 2006 or 2007, the required interest rate is the “applicable percentage” of the annual rate of interest determined by the Secretary of the Treasury on amounts invested conservatively in long-term investment grade corporate bonds for the month preceding the beginning of the plan year for which premiums are being paid (the “premium payment year”). On February 2, 2007 (at 72 FR 4955), the Internal Revenue Service

(IRS)published final regulations containing updated mortality tables for determining current liability under section 412(l)(7) of the Code and section 302(d)(7) of ERISA for plan years beginning on or after January 1, 2007. As a result, in accordance with section 4006(a)(3)(E)(iii)(II) of ERISA, the “applicable percentage” to be used in determining the required interest rate for plan years beginning in 2007 is 100 percent. The required interest rate to be used in determining variable-rate premiums for premium payment years beginning in August 2007 is 6.33 percent (i.e., 100 percent of the 6.33 percent composite corporate bond rate for July 2007 as determined by the Treasury). The following table lists the required interest rates to be used in determining variable-rate premiums for premium payment years beginning between September 2006 and August 2007. For premium payment years beginning in The required interest rate is September 2006 5.19 October 2006 5.06 November 2006 5.05 December 2006 4.90 January 2007 5.75 February 2007 5.89 March 2007 5.85 April 2007 5.84 May 2007 5.98 June 2007 6.01 July 2007 6.32 August 2007 6.33 Multiemployer Plan Valuations Following Mass Withdrawal The PBGC's regulation on Duties of Plan Sponsor Following Mass Withdrawal (29 CFR part 4281) prescribes the use of interest assumptions under the PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044). The interest assumptions applicable to valuation dates in September 2007 under part 4044 are contained in an amendment to part 4044 published elsewhere in today's **Federal Register** . Tables showing the assumptions applicable to prior periods are codified in appendix B to 29 CFR part 4044. Issued in Washington, DC, on this 8th day of August 2007. Vincent K. Snowbarger, Deputy Director, Pension Benefit Guaranty Corporation. [FR Doc. E7-15987 Filed 8-14-07; 8:45 am] BILLING CODE 7709-01-P POSTAL REGULATORY COMMISSION [Docket No. A2007-1; Order No. 24] Appeal of Post Office Closing in Ecorse, MI AGENCY: Postal Regulatory Commission. ACTION: Notice and order. SUMMARY: This document informs the public that an appeal of the closing of the Ecorse, MI, Classified Finance Station has been filed. It identifies preliminary steps and provides a procedural schedule. Publication of this document will allow the Postal Service, petitioner, and others to take appropriate action. ADDRESSES: Submit comments electronically via the Commission's Filing Online system at *http://www.prc.gov.* FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202-789-6820 and *stephen.sharfman@prc.gov.* SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39 U.S.C. 404(d), the Commission has received an appeal of the closing of the Ecorse Classified Finance Station, Ecorse, MI. The appeal was postmarked and therefore deemed filed on July 27, 2007, and a supplemental letter detailing the appeal was deemed filed with the Commission on July 30, 2007. 1 The Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and designates the case as Docket No. A2007-1 to consider the petitioner's appeal. 1 The Postal Accountability and Enhancement Act section 1006 amends 39 U.S.C. 404(d) to make the date of receipt by the Commission of a post office closing appeal the date on which it receives a Postal Service postmark. *Categories of issues apparently raised.* The categories of issues that appear to be raised include: 2. Observance of procedure required by law [39 U.S.C. 404(d)(5)(B)]; 3. Effect on the community [39 U.S.C. 404(d)(2)(A)(i)]; and 4. Effect on employees [39 U.S.C. 404(d)(2)(A)(ii)]. After the Postal Service files the administrative record and the Commission reviews it, the Commission may find that there are more legal issues than those set forth above. Or, the Commission may find that the Postal Service's determination disposes of one or more of those issues. The deadline for the Postal Service to file the administrative record with the Commission, or otherwise file a responsive pleading, is August 13, 2007. 39 CFR 3001.113. *Availability; Web site posting.* The Commission has posted the appeal and supporting material on its Web site at *http://www.prc.gov.* Additional filings in this case and participants' submissions also will be posted on the Web site, if provided in electronic format or amenable to conversion, and not subject to a valid protective order. Information on how to use the Commission's Web site is available online or by contacting the Commission's webmaster via telephone at 202-789-6873 or via electronic mail at *prc-webmaster@prc.gov.* The appeal and all related documents are also available for public inspection in the Commission's docket section. Docket section hours are 8 a.m. to 4:30 p.m., Monday through Friday, except on Federal Government holidays. Docket section personnel may be contacted via electronic mail at *prc-dockets@prc.gov* or via telephone at 202-789-6846. *Filing of documents.* All filings of documents in this case shall be made using the Internet (Filing Online) pursuant to Commission rules 9(a) and 10(a) at the Commission's Web site *http://www.prc.gov,* unless a waiver is obtained. 39 CFR 3001.9(a) and 10(a). Instructions for obtaining an account to file documents online may be found on the Commission's Web site, *http://www.prc.gov,* or by contacting the Commission's docket section at *prc-dockets@prc.gov* or via telephone at 202-789-6846. The petitioner is granted a waiver from Filing Online. *Intervention.* Those, other than the petitioner and respondent, wishing to be heard in this matter are directed to file a notice of intervention on or before September 4, 2007 in accordance with 39 CFR 3001.111. The notice of intervention shall be filed using the Internet (Filing Online) at the Commission's Web site ( *http://www.prc.gov* ), unless a waiver is obtained for hardcopy filing. Rules 9(a) and 10(a) [39 CFR 3001.9(a) and 10(a).] *Further procedures.* The Postal Reorganization Act requires that the Commission issue its decision within 120 days from the date this appeal was filed [39 U.S.C. 404(d)(5)]. A procedural schedule has been developed to accommodate this statutory deadline. In the interest of expedition, in light of the 120-day decision schedule, the Commission may request the Postal Service or other participants to submit memoranda of law on any appropriate issue. If requested, such memoranda will be due 14 days from the issuance of the request. Responses to such memoranda will be due 14 days from the date the memoranda are filed. As required by the Commission rules, if any motions are filed, responses are due 7 days after any such motion is filed. 39 CFR 3001.21. If necessary, the Commission also may ask petitioners or the Postal Service for more information. *Suspension application.* Petitioner's supplemental letter filed on July 30, 2007, requests that the Commission suspend the effectiveness of the Postal Service's determination to close the Ecorse Classified Finance Station. Rule 114(b) [39 CFR 3001.114(b)] requires the Postal Service to file and serve on the petitioner an answer to the suspension application by August 9, 2007, unless an extension under rule 16 is granted 2 [39 CFR 3001.16(b)]. The Commission finds that the Postal Service would be unduly prejudiced if it had to file a response to the suspension application by that date. Therefore, it, *sua sponte,* extends the Postal Service's time to answer the suspension application until August 16, 2007. The petitioner may file a reply to the Postal Service's answer within 7 days of the Postal Service filing such answer. 2 Given the changes in the law discussed in footnote 1, the Postal Service's time to respond to a suspension application is shortened considerably. Ordering Paragraphs *It is ordered:* 1. The Postal Service shall file the administrative record in this appeal, or otherwise file a responsive pleading to the appeal, by August 13, 2007. 2. The Postal Service shall file an answer to the suspension application by August 16, 2007. 3. The petitioner may file a reply to the Postal Service's answer to the suspension application within 7 days of the Postal Service filing such answer. 4. The procedural schedule is listed below. 5. The petitioner is granted a waiver from Online Filing. 6. The Secretary shall arrange for publication of this notice and order and procedural schedule in the **Federal Register** . Procedural Schedule July 27, 2007 Filing of Appeal. August 9, 2007 Commission Notice and Order of Filing of Appeal. August 13, 2007 Deadline for Postal Service to file administrative record in this appeal. August 16, 2007 Deadline for Postal Service to file an answer to suspension application [39 CFR 3001.114(b)]. September 4, 2007 Last day of filing of petitions to intervene [see 39 CFR 3001.111(b)]. August 31, 2007 Petitioner's Participant Statement or Initial Brief due [see 39 CFR 3001.115(a) and (b)]. September 20, 2007 Postal Service's Answering Brief due [see 39 CFR 3001.115(c)]. October 5, 2007 Petitioner's Reply Brief due should petitioner choose to file one [see 39 CFR 3001.115(d)]. October 12, 2007 Deadline for motions by any party requesting oral argument. The Commission will schedule oral argument only when it is a necessary addition to the written filings [see 39 CFR 3001.116]. November 26, 2007 Expiration of the Commission's 120-day decisional schedule [see 39 U.S.C. 404(d)(5)]. Dated: August 9, 2007. By the Commission. Steven W. Williams, Secretary. [FR Doc. E7-15953 Filed 8-14-07; 8:45 am] BILLING CODE 7710-FW-P UNITED STATES POSTAL SERVICE BOARD OF GOVERNORS Sunshine Act Meeting; Notification of Item Added to Meeting Agenda Date of Meeting: August 7, 2007. Status: Closed. Previous Announcement: 71 FR 42445, August 2, 2007. Addition: Filing with the Postal Regulatory Commission for a Negotiated Service Agreement. At its closed meeting on August 7, 2007, the Board of Governors of the United States Postal Service voted unanimously to add this item to the agenda of its closed meeting and that no earlier announcement was possible. The General Counsel of the United States Postal Service certified that in her opinion discussion of this item could be properly closed to public observation. Contact Person for More Information: Wendy A. Hocking, Secretary of the Board, U.S. Postal Service, 475 L'Enfant Plaza, SW., Washington, DC 20260-1000. Wendy A. Hocking, Secretary. [FR Doc. 07-4002 Filed 8-10-07; 3:18 pm]

Connectionstraces to 26

Traces to 26 documents

CFR