Petition for Modification, 22846-22847 [2010-10109]

Download as PDF 22846 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices at (202) 693–2350, (TTY (877) 889– 5627). Comments and submissions are posted without change at https:// www.regulations.gov. Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted material) is not publicly available to read or download through this Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the https:// www.regulations.gov Web site to submit comments and access the docket is available at the Web site’s ‘‘User Tips’’ link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. Authority and Signature David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor’s Order No. 5–2007 (72 FR 31160). Signed at Washington, DC, on April 26, 2010. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2010–10036 Filed 4–29–10; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Employment and Training Administration wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 [TA–W–72,524] Norgren Automation Solutions, Including Workers Whose Unemployment Insurance (UI) Wages Are Paid Through Syron Engineering Erie Engineering and Automation Division, A Subsidiary of Norgren, Inc.: Clinton Township, MI; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (‘‘Act’’), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on January 29, 2010, applicable to workers of Norgren VerDate Mar<15>2010 13:41 Apr 29, 2010 Jkt 220001 Automation Solutions, Erie Engineering and Automation Division, a subsidiary of Norgren, Inc., Clinton Township, Michigan. The notice was published in the Federal Register on March 5, 2010 (75 FR 10320). At the request of the state, the Department reviewed the certification for workers of the subject firm. The workers produced automation design and build components. New information shows that in April 2009 Norgren Automation Solutions purchased Syron Engineering. Some workers separated from employment at the subject firm had their wages reported under a separated unemployment insurance (UI) tax account under the name Syron Engineering. Accordingly, the Department is amending this certification to property reflect this matter. The intent of the Department’s certification is to include all workers of the subject firm who were adversely affected by an increase in imports of automation design and build components. The amended notice applicable to TA–W–72,524 is hereby issued as follows: All workers of Norgren Automation Solutions, including workers whose unemployment insurance (UI) wages are paid through Syron Engineering, Erie Engineering and Automation Division, a subsidiary of Norgren, Inc., Clinton Township, Michigan, who became totally or partially separated from who became totally or partially separated from employment on or after October 1, 2008, through January 29, 2012, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. Signed at Washington, DC this 21st day of April 2010. Elliott S. Kushner Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 2010–9923 Filed 4–29–10; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petition for Modification AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice of petition for modification of existing mandatory safety standard. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 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 a petition for modification filed by the party listed below to modify the application of existing mandatory safety standard published in Title 30 of the Code of Federal Regulations. DATES: All comments on the petition must be received by the Office of Standards, Regulations and Variances on or before June 1, 2010. 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 2350, Arlington, Virginia 22209–3939, 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 2350, Arlington, Virginia 22209– 3939, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations and Variances. MSHA 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 a copy of the petition and comments during normal business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, Regulations and Variances 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 E:\FR\FM\30APN1.SGM 30APN1 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 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 modification. II. Petition for Modification Docket No: M–2010–017–C. Petitioner: Brooks Run Mining Company, LLC, 208 Business Street, Beckley, West Virginia 25801. Mine: Horse Creek No. 1 Mine, MSHA I.D. No. 46–09348, located in McDowell County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). Modification Request: The petitioner proposes as an alternative method that in lieu of providing nozzles for blow-off dust covers, weekly inspection and functional testing of the complete deluge-type water spray system will be continued and blow-off dust covers will be removed from the nozzles. The petitioner states that: (1) Weekly inspection and functional tests are conducted of its complete deluge-type water spray system; (2) each nozzle is provided with a blow-off dust cover; (3) in view of the frequent inspections and functional testing of the system, the dust covers are not necessary because the nozzles can be maintained in an unclogged condition through weekly use; and (4) it is burdensome to recap the large number of covers weekly after each inspection and functional test. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners as the existing standard. Patricia W. Silvey, Director, Office of Standards, Regulations and Variances. [FR Doc. 2010–10109 Filed 4–29–10; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF LABOR wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 Employee Benefits Security Administration Prohibited Transaction Exemptions and Grant of Individual Exemptions Involving: 2010–13, Putnam Fiduciary Trust Company, D–11425; 2010–14, UBS Financial Services Inc. and its Affiliates (UBS), D–11502; and 2010– 15, Subaru of America, Inc. (Subaru), D–11531 AGENCY: Employee Benefits Security Administration, Labor. VerDate Mar<15>2010 13:41 Apr 29, 2010 Jkt 220001 ACTION: Grant of Individual Exemptions. SUMMARY: This document contains exemptions issued by the Department of Labor (the Department) from certain of the prohibited transaction restrictions of the Employee Retirement Income Security Act of 1974 (ERISA or the Act) and/or the Internal Revenue Code of 1986 (the Code). A notice was published in the Federal Register of the pendency before the Department of a proposal to grant such exemption. The notice set forth a summary of facts and representations contained in the application for exemption and referred interested persons to the application for a complete statement of the facts and representations. The application has been available for public inspection at the Department in Washington, DC. The notice also invited interested persons to submit comments on the requested exemption to the Department. In addition the notice stated that any interested person might submit a written request that a public hearing be held (where appropriate). The applicant has represented that it has complied with the requirements of the notification to interested persons. No requests for a hearing were received by the Department. Public comments were received by the Department as described in the granted exemption. The notice of proposed exemption was issued and the exemption is being granted solely by the Department because, effective December 31, 1978, section 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. 1 (1996), transferred the authority of the Secretary of the Treasury to issue exemptions of the type proposed to the Secretary of Labor. Statutory Findings In accordance with section 408(a) of the Act and/or section 4975(c)(2) of the Code and the procedures set forth in 29 CFR Part 2570, Subpart B (55 FR 32836, 32847, August 10, 1990) and based upon the entire record, the Department makes the following findings: (a) The exemption is administratively feasible; (b) The exemption is in the interests of the plan and its participants and beneficiaries; and (c) The exemption is protective of the rights of the participants and beneficiaries of the plan. Putnam Fiduciary Trust Company (PFTC), Located in Boston, Massachusetts. [Prohibited Transaction Exemption 2010–13; Exemption Application No. D–11425.] PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 22847 Exemption Section I—Exemption Effective as of January 19, 2010, the restrictions of section 406(a) and (b) of the Act, and the taxes imposed by section 4975(a) and (b) of the Code, by reason of section 4975(c)(1)(A) through (F) of the Code, shall not apply to either (a) the purchase or sale by a Collective Fund (as defined in Section III(b) below) of shares of a Mutual Fund (as defined in Section III(d) below) where Putnam Fiduciary Trust Company (‘‘PFTC’’ or the ‘‘Applicant’’) or its affiliate (PFTC and its affiliates are referred to herein as ‘‘Putnam’’) is the investment advisor of the Mutual Fund as well as a fiduciary with respect to the Collective Fund (or an affiliate of such fiduciary) or (b) the receipt of fees by Putnam from a Mutual Fund for acting as an investment advisor for the Mutual Fund and/or for providing other services to the Mutual Fund which are Secondary Services (as defined in Section III(g) below) in connection with the investment by the Collective Fund in shares of the Mutual Fund, provided that the following conditions and the general conditions of Section II are met: (a) Each Collective Fund satisfies either (but not both) of the following: (1) The Collective Fund receives a cash credit equal to such Collective Fund’s proportionate share of all fees charged to the Mutual Fund by Putnam for investment advisory services. Such credit shall be paid to the Collective Fund no later than the same day on which such investment advisory fees are paid to Putnam. The crediting of all such fees to the Collective Funds by Putnam is audited by an independent accounting firm on at least an annual basis to verify the proper crediting of the fees to each Collective Fund. The audit report shall be completed not later than six months after the period to which it relates; or (2) No management fees, investment advisory fees, or similar fees are paid to Putnam with respect to any of the assets of such Collective Fund that are invested in shares of the Mutual Fund. This condition does not preclude the payment of investment advisory or similar fees by the Mutual Fund to Putnam under the terms of an investment management agreement adopted in accordance with section 15 of the Investment Company Act of 1940 (the 1940 Act), nor does it preclude the payment of fees for Secondary Services to Putnam pursuant to a duly adopted agreement between Putnam and the Mutual Fund if the conditions of this exemption are otherwise met. E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Notices]
[Pages 22846-22847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10109]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of petition for modification of existing mandatory 
safety standard.

-----------------------------------------------------------------------

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 
a petition for modification filed by the party listed below to modify 
the application of existing mandatory safety standard published in 
Title 30 of the Code of Federal Regulations.

DATES: All comments on the petition must be received by the Office of 
Standards, Regulations and Variances on or before June 1, 2010.

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 2350, Arlington, Virginia 22209-
3939, 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 2350, Arlington, Virginia 
22209-3939, Attention: Patricia W. Silvey, Director, Office of 
Standards, Regulations and Variances.
    MSHA 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 a copy of the petition and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances 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

[[Page 22847]]

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 modification.

II. Petition for Modification

    Docket No: M-2010-017-C.
    Petitioner: Brooks Run Mining Company, LLC, 208 Business Street, 
Beckley, West Virginia 25801.
    Mine: Horse Creek No. 1 Mine, MSHA I.D. No. 46-09348, located in 
McDowell County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner proposes as an alternative 
method that in lieu of providing nozzles for blow-off dust covers, 
weekly inspection and functional testing of the complete deluge-type 
water spray system will be continued and blow-off dust covers will be 
removed from the nozzles. The petitioner states that: (1) Weekly 
inspection and functional tests are conducted of its complete deluge-
type water spray system; (2) each nozzle is provided with a blow-off 
dust cover; (3) in view of the frequent inspections and functional 
testing of the system, the dust covers are not necessary because the 
nozzles can be maintained in an unclogged condition through weekly use; 
and (4) it is burdensome to recap the large number of covers weekly 
after each inspection and functional test. The petitioner asserts that 
the proposed alternative method will at all times guarantee no less 
than the same measure of protection afforded the miners as the existing 
standard.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-10109 Filed 4-29-10; 8:45 am]
BILLING CODE 4510-43-P

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