Petitions for Modification, 15540-15541 [E8-5908]

Download as PDF 15540 Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices Total Burden Cost (capital/startup): $0. Total Burden Cost (operating/ maintenance): $0. III. Desired Focus of Comments The Bureau of Labor Statistics 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. • 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 submissions of responses. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they also will become a matter of public record. Signed at Washington, DC, this 17th day of March, 2008. Cathy Kazanowski, Chief, Division of Management Systems, Bureau of Labor Statistics. [FR Doc. E8–5812 Filed 3–21–08; 8:45 am] BILLING CODE 4510–24–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. mstockstill on PROD1PC66 with NOTICES AGENCY: 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. VerDate Aug<31>2005 16:33 Mar 21, 2008 Jkt 214001 All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before April 23, 2008. ADDRESSES: You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. Electronic mail: StandardsPetitions@dol.gov. 2. Facsimile: 1–202–693–9441. 3. Regular Mail: 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. 4. Hand-Delivery or Courier: 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. DATES: Jack Powasnik, Deputy Director, Office of Standards, Regulations, and Variances at 202–693–9443 (Voice), powasnik.jack@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: FOR FURTHER INFORMATION CONTACT: 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 requirements and procedures for filing petitions for modifications. II. Petitions for Modification Docket Number: M–2008–006–C. Petitioner: Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, Pennsylvania 17978. Mine: N & L Slope Mine, MSHA I.D. No. 36–02203, located in Northumberland County, Pennsylvania. Regulation Affected: 30 CFR 75.1714– 2(c) (Self-rescue devices; use and location requirements). Modification Request: The petitioner requests a modification of the existing standard to permit the self-rescue devices to be stored within 60 feet of the working face. The petitioner states that in steeply pitching, conventional anthracite mines, entries are advanced as far as 60 feet vertically. The petitioner further states that the miner is exposed to trip and fall hazards and the necessity of carrying supplies up these narrow entries while wearing the selfcontained self-rescuers (SCSRs), may result in damage to the SCSR and in a diminution of safety to the miner. Docket Number: M–2008–007–C. Petitioner: Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, Pennsylvania 17978. Mine: N & L Slope Mine, MSHA I.D. No. 36–02203, located in Northumberland County, Pennsylvania. Regulation Affected: 30 CFR 75.1714– 4(a), (b), (c), (d), and (e) (Additional selfcontained self-rescuers (SCSRs). Modification Request: The petitioner requests a modification of the existing standard to eliminate the requirement for providing an additional selfcontained self-rescue (SCSR) device, and to eliminate the requirement for providing additional SCSRs on mantrips or mobile equipment and in alternate and primary escapeways, therefore eliminating the need for storage locations and for signs to be posted at each location. The petitioner states that: (i) An SCSR has never been used in an anthracite mine and no statistical data exists to support the need to use an SCSR; (ii) Anthracite coal is low in volatile matter and the lack of mechanization coupled with the reduced production capacity of anthracite mines has resulted in no significant liberation of explosive gases; (iii) The risk of fire at an underground anthracite mine is less than that of a city structure, therefore, the requirement for an additional SCSR cannot be justified; (iv) The potential hazard which would require wearing an SCSR and traveling the escapeway does not exist; (v) There is no hazard scenario where traveling the escapeway with an SCSR would be E:\FR\FM\24MRN1.SGM 24MRN1 Federal Register / Vol. 73, No. 57 / Monday, March 24, 2008 / Notices likely; and (vi) The travel time on foot from the working face through the primary escapeway is less than fifteen minutes. The petitioner further states that damp and wet conditions occur in the entire mine, and historically, fires in anthracite mines have not been a significant hazard as a result of the low volatile matter of the coal, which is reflected in numerous granted petitions for modification relating to firefighting. The petitioner asserts that the proposed alternative method will in no way provide less than the same measure of protection than that afforded the miners under the existing standard. Dated: March 18, 2008. Jack Powasnik, Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E8–5908 Filed 3–21–08; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2007–0086] Respiratory Protection Standard; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. AGENCY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified by the Respiratory Protection Standard (29 CFR 1910.134). DATES: Comments must be submitted (postmarked, sent, or received) by May 23, 2008. ADDRESSES: Electronically: You may submit comments and attachments electronically at https:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA–2007–0086, U.S. Department of Labor, Occupational Safety and Health Administration, mstockstill on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 16:33 Mar 21, 2008 Jkt 214001 Room N–2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor’s and Docket Office’s normal business hours, 8:15 a.m. to 4:45 p.m., e.t. Instructions: All submissions must include the Agency name and OSHA docket number for the ICR (OSHA– 2007–0086). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at https://www.regulations.gov. For further information on submitting comments see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other material in the docket, go to https://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket (including this Federal Register notice) are listed in the https:// www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Jamaa Hill at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N–3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the Act) (29 U.S.C. 651 et. seq.) authorizes information collection by employers as PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 15541 necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). The Respiratory Protection Standard (29 CFR 1910.134; hereafter, ‘‘the Standard’’) contains information collection requirements that require employers to: develop a written respirator program; conduct employee medical evaluations and provide followup medical evaluations to determine the employee’s ability to use a respirator; provide the physician or other licensed health care professional with information about the employee’s respirator and the conditions under which the employee will use the respirator; and administer fit tests for employees who will use negative-or positive-pressure, tight-fitting facepieces. In addition, employers must ensure that employees store emergencyuse respirators in compartments clearly marked as containing emergency-use respirators. For respirators maintained for emergency use, employers must label or tag the respirator with a certificate stating the date of the inspection, the name of the individual who made the inspection, the findings of the inspection, required remedial action, and the identity of the respirator. The Standard also requires employers to ensure that cylinders used to supply breathing air to respirators have a certificate of analysis from the supplier stating that the breathing air meets the requirements for Type 1—Grade D breathing air; such certification assures employers that the purchased breathing air is safe. Compressors used to supply breathing air to respirators must have a tag containing the most recent change date and the signature of the individual authorized by the employer to perform the change. Employers must maintain this tag at the compressor. These tags provide assurance that the compressors are functioning properly. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency’s functions, including whether the information is useful; • The accuracy of OSHA’s estimate of the burden (time and costs) of the E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15540-15541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5908]


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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: All comments on the petitions must be received by the Office of 
Standards, Regulations, and Variances on or before April 23, 2008.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic mail: Standards-Petitions@dol.gov.
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: 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.
    4. Hand-Delivery or Courier: 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: Jack Powasnik, Deputy Director, Office 
of Standards, Regulations, and Variances at 202-693-9443 (Voice), 
powasnik.jack@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-2008-006-C.
    Petitioner: Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, 
Pennsylvania 17978.
    Mine: N & L Slope Mine, MSHA I.D. No. 36-02203, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1714-2(c) (Self-rescue devices; use 
and location requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the self-rescue devices to be stored within 
60 feet of the working face. The petitioner states that in steeply 
pitching, conventional anthracite mines, entries are advanced as far as 
60 feet vertically. The petitioner further states that the miner is 
exposed to trip and fall hazards and the necessity of carrying supplies 
up these narrow entries while wearing the self-contained self-rescuers 
(SCSRs), may result in damage to the SCSR and in a diminution of safety 
to the miner.

    Docket Number: M-2008-007-C.
    Petitioner: Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, 
Pennsylvania 17978.
    Mine: N & L Slope Mine, MSHA I.D. No. 36-02203, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1714-4(a), (b), (c), (d), and (e) 
(Additional self-contained self-rescuers (SCSRs).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the requirement for providing an 
additional self-contained self-rescue (SCSR) device, and to eliminate 
the requirement for providing additional SCSRs on mantrips or mobile 
equipment and in alternate and primary escapeways, therefore 
eliminating the need for storage locations and for signs to be posted 
at each location. The petitioner states that: (i) An SCSR has never 
been used in an anthracite mine and no statistical data exists to 
support the need to use an SCSR; (ii) Anthracite coal is low in 
volatile matter and the lack of mechanization coupled with the reduced 
production capacity of anthracite mines has resulted in no significant 
liberation of explosive gases; (iii) The risk of fire at an underground 
anthracite mine is less than that of a city structure, therefore, the 
requirement for an additional SCSR cannot be justified; (iv) The 
potential hazard which would require wearing an SCSR and traveling the 
escapeway does not exist; (v) There is no hazard scenario where 
traveling the escapeway with an SCSR would be

[[Page 15541]]

likely; and (vi) The travel time on foot from the working face through 
the primary escapeway is less than fifteen minutes. The petitioner 
further states that damp and wet conditions occur in the entire mine, 
and historically, fires in anthracite mines have not been a significant 
hazard as a result of the low volatile matter of the coal, which is 
reflected in numerous granted petitions for modification relating to 
firefighting.
    The petitioner asserts that the proposed alternative method will in 
no way provide less than the same measure of protection than that 
afforded the miners under the existing standard.

    Dated: March 18, 2008.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-5908 Filed 3-21-08; 8:45 am]
BILLING CODE 4510-43-P