Summary of Decisions Granting in Whole or in Part Petitions for Modification, 72469-72470 [E5-6832]
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Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
• 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: Occupational Safety and Health
Administration.
Type of Review: Extension of
currently approved collection.
Title: Occupational Safety and Health
State Plan Information.
OMB Number: 1218–0247.
Frequency: On occasion; Quarterly;
and Annually.
Type of Response: Reporting.
Affected Public: State, Local, or Tribal
Government.
Number of Respondents: 27.
Number of Annual Responses: 1,240.
Estimated Time Per Response: Varies
from one hour to respond to an
information survey to 80 hours to
document State annual performance
goals.
Total Burden Hours: 10,522.
Total Annualized capital/startup
costs: $0.
Total Annual Costs (operating/
maintaining systems or purchasing
services): $0.
Description: Section 18 of the
Occupational Safety and Health Act of
1970 (the Act) encourages the States to
assume responsibility for the
development and enforcement of State
occupational safety and health
standards through the vehicle of an
approved State plan. Absent a plan
approved by the Occupational Safety
and Health Administration (OSHA),
States are preempted from asserting
jurisdiction over any occupational
safety and health issue with respect to
which a Federal standard has been
promulgated. Section 18 establishes the
basic criteria for State plan approval;
provides for the exercise of concurrent
Federal enforcement jurisdiction after
initial plan approval until such time as
the State has demonstrated that it is
meeting the approval criteria in actual
operation (final State Plan approval), at
which point Federal enforcement
jurisdiction may be relinquished;
provides that State standards and
enforcement must be, and continue to
be, ‘‘at least as effective’’ as the Federal
program including any changes thereto;
and requires OSHA to make a
continuing evaluation of the manner in
which the State is implementing its
program and to take action to withdraw
VerDate Aug<31>2005
17:14 Dec 02, 2005
Jkt 208001
plan approval should there be a failure
to substantially comply with any
provision of the State plan.
OSHA promulgated a series of
regulations between 1970 and 1977
implementing the provisions of section
18 of the Act. 29 CFR 1953 was revised
in 2002.
• 29 CFR part 1902, State Plans for
the Development and Enforcement of
State Standards.
• 29 CFR part 1952, Approved State
Plans for Enforcement of State
Standards.
• 29 CFR part 1953, Changes to State
Plans.
• 29 CFR part 1954, Procedures for
the Evaluation and Monitoring of
Approved State Plans.
• 29 CFR part 1955, Procedures for
Withdrawal of Approval of State Plans.
• 29 CFR part 1956, State Plans for
the Development and Enforcement of
State Standards Applicable to State and
Local Government Employees in States
without Approved Private Employee
Plans.
The requirements for State
submissions on the structure and
performance of their OSHA-approved
State Plan, as established by the various
State Plan regulations, are necessary to
provide OSHA with sufficient
information to assure that the State plan
provides a program of standards and
enforcement and voluntary compliance
to employers and employees in that
State that is ‘‘at least as effective’’ as the
Federal OSHA program and thus
warrants continued Federal approval
and funding.
Ira L. Mills,
Departmental Clearance Officer.
[FR Doc. E5–6824 Filed 12–2–05; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Summary of Decisions Granting in
Whole or in Part Petitions for
Modification
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Notice of affirmative decisions
issued by the Administrators for Coal
Mine Safety and Health and Metal and
Nonmetal Mine Safety and Health on
petitions for modification of the
application of mandatory safety
standards.
AGENCY:
SUMMARY: Under section 101 of the
Federal Mine Safety and Health Act of
1977, the Secretary of Labor (Secretary)
may allow the modification of the
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Fmt 4703
Sfmt 4703
72469
application of a mandatory safety
standard to a mine if the Secretary
determines either that an alternate
method exists at a specific mine that
will guarantee no less protection for the
miners affected than that provided by
the standard, or that the application of
the standard at a specific mine will
result in a diminution of safety to the
affected miners.
Final decisions on these petitions are
based on the petitioner’s statements,
comments and information submitted
by interested persons, and a field
investigation of the conditions at the
mine. As designee of the Secretary, we
have granted or partially granted the
requests for modification listed below.
In some instances, the decisions are
conditioned upon compliance with
stipulations stated in the decision. The
term FR Notice appears in the list of
affirmative decisions below. The term
refers to the Federal Register volume
and page where we published a notice
of the filing of the petition for
modification.
FOR FURTHER INFORMATION CONTACT:
Petitions and copies of the final
decisions are available for examination
by the public in the Office of Standards,
Regulations, and Variances, MSHA,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209. For further
information contact Barbara Barron at
202–693–9447.
Dated at Arlington, Virginia, this 27th day
of November, 2005.
Rebecca J. Smith,
Acting Director, Office of Standards,
Regulations, and Variances.
Affirmative Decisions on Petitions for
Modification
Docket No.: M–2005–044–C.
FR Notice: 70 FR 39800.
Petitioner: Andalex Resources, Inc.
Regulation Affected: 30 CFR 75.1100–
2(e)(2)
Summary of Findings: The
petitioner’s proposal is to use two multipurpose dry chemical portable fire
extinguishers with at least a minimum
capacity of 10 pounds of dry power at
each temporary and permanent
electrical installation. This is
considered an acceptable alternative
method for the Aberdeen Mine (MSHA
I.D. No. 42–02028). The petition for
modification is granted for temporary
electrical installations, provided that
petitioner maintains two portable fire
extinguishers having at least the
minimum capacity specified for a
portable fire extinguisher required in 30
CFR 75.1100–1(e)at each of the
temporary electrical installations at the
Aberdeen Mine with conditions.
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05DEN1
72470
Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices
Docket No.: M–2004–046–C.
FR Notice: 70 FR 42102.
Petitioner: Genwal Resources, Inc.
Regulation Affected: 30 CFR 75.1100–
2(e)(2).
Summary of Findings: The
petitioner’s proposal is to use two
portable fire extinguishers, or one
extinguisher at each temporary
electrical installation with at least twice
the minimum capacity for a portable fire
extinguisher required in 30 CFR
75.1100–1(e). This is considered an
acceptable alternative method for the
Crandall Canyon Mine MSHA I.D. No.
42–01715). The petition for
modification is granted for temporary
electrical installations, provided that
petitioner maintains two portable fire
extinguishers having at least the
minimum capacity specified for a
portable fire extinguisher in 30 CFR
75.1100–1(e) or one portable fire
extinguisher with twice the minimum
capacity specified in 30 CFR 75.1100–
1(e) at each of the temporary electrical
installations at the Crandall Canyon
Mine with conditions.
Docket No.: M–2005–047–C.
FR Notice: 70 FR 42102.
Petitioner: West Ridge Resources, Inc.
Regulation Affected: 30 CFR 75.1100–
2(e)(2).
Summary of Findings: The
petitioner’s proposal is to use two
portable fire extinguishers, or one
extinguisher at each temporary
electrical installation with at least twice
the minimum capacity for a portable fire
extinguisher required in 30 CFR
75.1100–1(e). This is considered an
acceptable alternative method for the
West Ridge Mine (MSHA I.D. No. 42–
02233). The petition for modification is
granted for temporary electrical
installations, provided that petitioner
maintains two portable fire
extinguishers having at least the
minimum capacity specified for a
portable fire extinguisher in 30 CFR
75.1100–1(e) or one portable fire
extinguisher with twice the minimum
capacity specified in 30 CFR 75.1100–
1(e) at each of the temporary electrical
installations at the West Ridge Mine
with conditions.
Docket No.: M–2005–048–C.
FR Notice: 70 FR 42102.
Petitioner: Genwal Resources, Inc.
Regulation Affected: 30 CFR 75.1100–
2(e)(2).
Summary of Findings: The
petitioner’s proposal is to use two
portable fire extinguishers, or one
extinguisher at each temporary
electrical installation with at least twice
the minimum capacity for a portable fire
extinguisher required in 30 CFR
VerDate Aug<31>2005
17:14 Dec 02, 2005
Jkt 208001
75.1100–1(e). This is considered an
acceptable alternative method for the
South Crandall Canyon Mine (MSHA
I.D. No. 42–02356). The petition for
modification is granted for temporary
electrical installations, provided that
petitioner maintains two portable fire
extinguishers having at least the
minimum capacity specified for a
portable fire extinguisher in 30 CFR
75.1100–1(e) or one portable fire
extinguisher with twice the minimum
capacity specified in 30 CFR 75.1100–
1(e) at each of the temporary electrical
installations at the South Crandall
Canyon Mine with conditions.
Docket No.: M–2005–049–C.
FR Notice: 70 FR 42102.
Petitioner: Andalex Resources, Inc.
Regulation Affected: 30 CFR 75.1100–
2(e)(2).
Summary of Findings: The
petitioner’s proposal is to use two
portable fire extinguishers, or one
extinguisher at each temporary
electrical installation with at least twice
the minimum capacity for a portable fire
extinguisher required in 30 CFR
75.1100–1(e). This is considered an
acceptable alternative method for the
Pinnacle Mine (MSHA I.D. No. 42–
01474). The petition for modification is
granted for temporary electrical
installations, provided that petitioner
maintains two portable fire
extinguishers having at least the
minimum capacity specified for a
portable fire extinguisher in 30 CFR
75.1100–1(e) or one portable fire
extinguisher with twice the minimum
capacity specified in 30 CFR 75.1100–
1(e) at each of the temporary electrical
installations at the Pinnacle Mine with
conditions.
[FR Doc. E5–6832 Filed 12–2–05; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. NRTL1–88]
MET Laboratories, Inc., Expansion of
Recognition
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
Occupational Safety and Health
Administration’s final decision
expanding the recognition of MET
Laboratories, Inc., (MET) as a Nationally
Recognized Testing Laboratory under 29
CFR 1910.7.
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Frm 00049
Fmt 4703
Sfmt 4703
The expansion of recognition
becomes effective on December 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Office of Technical Programs and
Coordination Activities, NRTL Program,
Occupational Safety and Health
Administration, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Room N–3653, Washington, DC 20210,
or phone (202) 693–2110.
DATES:
SUPPLEMENTARY INFORMATION:
Notice of Final Decision
The Occupational Safety and Health
Administration (OSHA) hereby gives
notice of the expansion of recognition of
MET Laboratories, Inc., (MET) as a
Nationally Recognized Testing
Laboratory (NRTL). MET’s expansion
covers the use of additional test
standards. OSHA’s current scope of
recognition for MET may be found in
the following informational Web page:
https://www.osha.gov/dts/otpca/nrtl/
met.html.
OSHA recognition of an NRTL
signifies that the organization has met
the legal requirements in section 1910.7
of Title 29, Code of Federal Regulations
(29 CFR 1910.7). Recognition is an
acknowledgment that the organization
can perform independent safety testing
and certification of the specific products
covered within its scope of recognition
and is not a delegation or grant of
government authority. As a result of
recognition, employers may use
products ‘‘properly certified’’ 1 by the
NRTL to meet OSHA standards that
require testing and certification.
The Agency processes applications by
an NRTL for initial recognition or for
expansion or renewal of this recognition
following requirements in Appendix A
to 29 CFR 1910.7. This appendix
requires that the Agency publish two
notices in the Federal Register in
processing an application. In the first
notice, OSHA announces the
application and provides its preliminary
finding and, in the second notice, the
Agency provides its final decision on
the application. These notices set forth
the NRTL’s scope of recognition or
modifications of that scope. We
maintain an informational Web page for
each NRTL, which details its scope of
recognition. These pages can be
accessed from our Web site at https://
www.osha.gov/dts/otpca/nrtl/
index.html.
1 Properly certified means, in part, that the
product is labeled or marked with the NRTL’s
‘‘registered’’ certification mark (i.e., the mark the
NRTL uses for its NRTL work) and that the product
certification falls within the scope of recognition of
the NRTL.
E:\FR\FM\05DEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72469-72470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6832]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Summary of Decisions Granting in Whole or in Part Petitions for
Modification
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Notice of affirmative decisions issued by the Administrators
for Coal Mine Safety and Health and Metal and Nonmetal Mine Safety and
Health on petitions for modification of the application of mandatory
safety standards.
-----------------------------------------------------------------------
SUMMARY: Under section 101 of the Federal Mine Safety and Health Act of
1977, the Secretary of Labor (Secretary) may allow the modification of
the application of a mandatory safety standard to a mine if the
Secretary determines either that an alternate method exists at a
specific mine that will guarantee no less protection for the miners
affected than that provided by the standard, or that the application of
the standard at a specific mine will result in a diminution of safety
to the affected miners.
Final decisions on these petitions are based on the petitioner's
statements, comments and information submitted by interested persons,
and a field investigation of the conditions at the mine. As designee of
the Secretary, we have granted or partially granted the requests for
modification listed below. In some instances, the decisions are
conditioned upon compliance with stipulations stated in the decision.
The term FR Notice appears in the list of affirmative decisions below.
The term refers to the Federal Register volume and page where we
published a notice of the filing of the petition for modification.
FOR FURTHER INFORMATION CONTACT: Petitions and copies of the final
decisions are available for examination by the public in the Office of
Standards, Regulations, and Variances, MSHA, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209. For further information contact
Barbara Barron at 202-693-9447.
Dated at Arlington, Virginia, this 27th day of November, 2005.
Rebecca J. Smith,
Acting Director, Office of Standards, Regulations, and Variances.
Affirmative Decisions on Petitions for Modification
Docket No.: M-2005-044-C.
FR Notice: 70 FR 39800.
Petitioner: Andalex Resources, Inc.
Regulation Affected: 30 CFR 75.1100-2(e)(2)
Summary of Findings: The petitioner's proposal is to use two multi-
purpose dry chemical portable fire extinguishers with at least a
minimum capacity of 10 pounds of dry power at each temporary and
permanent electrical installation. This is considered an acceptable
alternative method for the Aberdeen Mine (MSHA I.D. No. 42-02028). The
petition for modification is granted for temporary electrical
installations, provided that petitioner maintains two portable fire
extinguishers having at least the minimum capacity specified for a
portable fire extinguisher required in 30 CFR 75.1100-1(e)at each of
the temporary electrical installations at the Aberdeen Mine with
conditions.
[[Page 72470]]
Docket No.: M-2004-046-C.
FR Notice: 70 FR 42102.
Petitioner: Genwal Resources, Inc.
Regulation Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: The petitioner's proposal is to use two
portable fire extinguishers, or one extinguisher at each temporary
electrical installation with at least twice the minimum capacity for a
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is
considered an acceptable alternative method for the Crandall Canyon
Mine MSHA I.D. No. 42-01715). The petition for modification is granted
for temporary electrical installations, provided that petitioner
maintains two portable fire extinguishers having at least the minimum
capacity specified for a portable fire extinguisher in 30 CFR 75.1100-
1(e) or one portable fire extinguisher with twice the minimum capacity
specified in 30 CFR 75.1100-1(e) at each of the temporary electrical
installations at the Crandall Canyon Mine with conditions.
Docket No.: M-2005-047-C.
FR Notice: 70 FR 42102.
Petitioner: West Ridge Resources, Inc.
Regulation Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: The petitioner's proposal is to use two
portable fire extinguishers, or one extinguisher at each temporary
electrical installation with at least twice the minimum capacity for a
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is
considered an acceptable alternative method for the West Ridge Mine
(MSHA I.D. No. 42-02233). The petition for modification is granted for
temporary electrical installations, provided that petitioner maintains
two portable fire extinguishers having at least the minimum capacity
specified for a portable fire extinguisher in 30 CFR 75.1100-1(e) or
one portable fire extinguisher with twice the minimum capacity
specified in 30 CFR 75.1100-1(e) at each of the temporary electrical
installations at the West Ridge Mine with conditions.
Docket No.: M-2005-048-C.
FR Notice: 70 FR 42102.
Petitioner: Genwal Resources, Inc.
Regulation Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: The petitioner's proposal is to use two
portable fire extinguishers, or one extinguisher at each temporary
electrical installation with at least twice the minimum capacity for a
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is
considered an acceptable alternative method for the South Crandall
Canyon Mine (MSHA I.D. No. 42-02356). The petition for modification is
granted for temporary electrical installations, provided that
petitioner maintains two portable fire extinguishers having at least
the minimum capacity specified for a portable fire extinguisher in 30
CFR 75.1100-1(e) or one portable fire extinguisher with twice the
minimum capacity specified in 30 CFR 75.1100-1(e) at each of the
temporary electrical installations at the South Crandall Canyon Mine
with conditions.
Docket No.: M-2005-049-C.
FR Notice: 70 FR 42102.
Petitioner: Andalex Resources, Inc.
Regulation Affected: 30 CFR 75.1100-2(e)(2).
Summary of Findings: The petitioner's proposal is to use two
portable fire extinguishers, or one extinguisher at each temporary
electrical installation with at least twice the minimum capacity for a
portable fire extinguisher required in 30 CFR 75.1100-1(e). This is
considered an acceptable alternative method for the Pinnacle Mine (MSHA
I.D. No. 42-01474). The petition for modification is granted for
temporary electrical installations, provided that petitioner maintains
two portable fire extinguishers having at least the minimum capacity
specified for a portable fire extinguisher in 30 CFR 75.1100-1(e) or
one portable fire extinguisher with twice the minimum capacity
specified in 30 CFR 75.1100-1(e) at each of the temporary electrical
installations at the Pinnacle Mine with conditions.
[FR Doc. E5-6832 Filed 12-2-05; 8:45 am]
BILLING CODE 4510-43-P
