Sixty day preclearance FR notice

Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices
mandatory safety standards published
in Title 30 of the Code of Federal
Regulations.
All comments on the petitions
must be received by the Office of
Standards, Regulations, and Variances
on or before November 17, 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 2350,
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 2350, Arlington, Virginia 22209,
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 copies of the
petitions and comments during normal
business hours at the address listed
above.
DATES:

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:

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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

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requirements and procedures for filing
petitions for modifications.
II. Petitions for Modification
Docket Number: M–2008–045–C.
Petitioner: Guest Mountain Mining
Corporation, P.O. Box 2560, Wise,
Virginia 24293.
Mine: Guest Mountain #3 Mine,
MSHA I.D. No. 44–07069 and Guest
Mountain #4 Mine, MSHA I.D. No. 44–
05815, located in Wise County, Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuse piles; general).
Modification Request: The petitioner
requests a modification of the existing
standard which prohibits refuse piles to
be located over abandoned openings to
permit sealing of abandoned mine
openings during mine closure. The
petitioner proposes to use scalped rock
to cover the portal openings of the Guest
Mountain #3 Mine upon closure of the
mine in late 2008 or in early 2009. The
petitioner states that: (1) This disposal
fill will utilize scalped rock, i.e.
underground development waste,
partings, and ‘‘draw’’ rock/laminated
shale roof rock from the adjacent Guest
Mountain #4 Mine, Maggard Branch
Coal, LLC, Virginia Division of Mined
Land Reclamation Permit 1402002; (2)
both mines are in the Parsons seam; and
(3) there is a highwall at the mine portal
area that varies in height from a few feet
up to approximately 50 feet. The
petitioner states that the refuse fill will
consist of a combination of scalped rock
and non-combustible rock rip rap that
will ensure the openings will drain
freely and not impound water, in the
event the openings have water, and will
not affect the stability of the refuse fill.
The petitioner states that there are no
plans to place mine refuse, i.e., scalped
rock over the portals in question until
after the mine has ceased underground
operations, and there will be no miners
underground during the entire time the
scalped rock is being placed. The
petitioner further states that the
placement of scalped rock above its
portals can be done safely and in
accordance with all regulations by
following the plan as outlined in this
petition. The petitioner asserts that its
proposal to cover the mine openings
provides the same measure of protection
as the existing standard.
Docket Number: M–2008–046–C.
Petitioner: Black Beauty Coal
Company, 13101 Zeigler 11 Road, P.O.
Box 369, Coulterville, Illinois 62237.
Mine: Gateway Mine, MSHA I.D. No.
11–02408, located in Randolph County,
Illinois.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray systems).

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Modification Request: The petitioner
requests a modification of the existing
standard to permit a weekly visual
examination and functional test to be
performed in lieu of using blow-off dust
covers for deluge-type water spray firesuppression systems used at each belt
drive. The petitioner states that: (1)
Corrections will be made immediately if
a clogged nozzle or any other
malfunction is detected as a result of the
weekly examination and functional test;
(2) the procedure used to perform the
functional test will be posted at or near
each belt drive that utilizes a delugetype water spray fire-suppression
system; and (3) revisions to the
approved training plan will specify the
procedure used to conduct weekly
functional tests. The petitioner asserts
that the safety of the miners will not be
compromised with the proposed testing
procedures.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. E8–24703 Filed 10–16–08; 8:45 am]
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DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2008–0039]

Asbestos in Construction 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:

SUMMARY: OSHA solicits comments
concerning its proposal to extend OMB
approval of the information collection
requirements contained in the Asbestos
in Construction Standard (29 CFR
1926.1101).
DATES: Comments must be submitted
(postmarked, sent, or received) by
December 16, 2008.
ADDRESSES: Electronically: You may
submit comments and attachments
electronically at http://
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

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61914

Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices

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using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2008–0039, U.S.
Department of Labor, Occupational
Safety and Health Administration,
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–
2008–0039). All comments, including
any personal information you provide,
are placed in the public docket without
change, and may be made available
online at http://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 http://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 http://
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 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 efforts 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 (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

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OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH 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 standard protects employees from
adverse health effects from occupational
exposure to asbestos, including lung
cancer, mesothelioma, asbestosis (an
emphysema-like condition) and
gastrointestinal cancer.
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
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements contained in the
Asbestos in Construction Standard (29
CFR 1926.1101). OSHA is proposing to
decrease its current burden hour
estimate of 5,569,658 to 4,957,552, a
total decrease of ¥612,106 hours. The
decrease occurred because a review of
data indicated the number of employers
affected by the Standard decreased from
1.4 to 1.2 million.
The Agency will summarize the
comments submitted in response to this
notice and will include this summary in
the request to OMB.
Type of Review: Extension of a
currently approved collection.
Title: Asbestos in Construction
Standard (29 CFR 1926.1101).
OMB Number: 1218–0134.

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Affected Public: Business or other forprofits; Federal Government; State,
Local, or Tribal Government.
Number of Respondents: 255,271.
Frequency of Response: On occasion,
Annually.
Average Time per Response: Time per
response ranges from 5 minutes (0.08
hour) to maintain records to 1.67 hours
to complete a medical examination.
Estimated Total Burden Hours:
4,957,552 hours.
Estimated Cost (Operation and
Maintenance): $28,278,936.
IV. Public Participation—Submission of
Comments on This Notice and Internet
Access to Comments and Submissions
You may submit comments in
response to this document as follows:
(1) Electronically at http://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number for the
ICR (Docket No. OSHA–2008–0039).
You may supplement electronic
submissions by uploading document
files electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350 (TTY (877) 889–
5627).
Comments and submissions are
posted without change at http://
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 http://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 http://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’

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Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices
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
Edwin G. Foulke, Jr., 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 31159).
Signed at Washington, DC, this 10th day of
October 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–24683 Filed 10–16–08; 8:45 am]
BILLING CODE 4510–26–P

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (08–078)]

NASA Advisory Council; Science
Committee; Planetary Protection
Subcommittee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:

The National Aeronautics and
Space Administration (NASA)
announces a meeting of the Planetary
Protection Subcommittee of the NASA
Advisory Council (NAC). This
Subcommittee reports to the Science
Committee of the NAC. The Meeting
will be held for the purpose of soliciting
from the scientific community and other
person’s scientific and technical
information relevant to program
planning.
DATES: Thursday, November 6, 2008, 9
a.m. to 5 p.m. and Friday, November 7,
2008, 9 a.m. to 3 p.m. Eastern Standard
Time.
ADDRESSES: NASA Headquarters, 300 E
Street, SW., Room 6H45, Washington,
DC 20546.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
fax (202) 358–4118, or
mnorris@nasa.gov.
SUPPLEMENTARY INFORMATION: The
meeting will be open to the public up
to the capacity of the room. The agenda
for the meeting includes the following
topics:
—Planetary Science Division/Science
Mission Directorate Activities.

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SUMMARY:

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—Exploration System Mission
Directorate/Science Mission
Directorate Coordination and Human
Exploration of the Moon.
—Update of Committee on Space
Research (COSPAR) Planetary
Protection Panel Actions.
—Update of Mars Exploration Program
Analysis Group (MEPAG).
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. Attendees will be
requested to sign a register and to
comply with NASA security
requirements, including the
presentation of a valid picture ID, before
receiving an access badge. Foreign
nationals attending this meeting will be
required to provide the following
information no less than 5 working days
prior to the meeting: full name; gender;
date/place of birth; citizenship; visa/
green card information (number, type,
expiration date); passport information
(number, country, expiration date);
employer/affiliation information (name
of institution, address, country,
telephone); title/position of attendee. To
expedite admittance, attendees with
U.S. citizenship can provide identifying
information 3 working days in advance
by contacting Marian Norris via e-mail
at mnorris@nasa.gov or by telephone at
(202) 358–4452.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E8–24677 Filed 10–16–08; 8:45 am]

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Purpose of Meeting: To provide advice
with respect to the Foundation’s science,
technology, engineering, and mathematics
(STEM) education and human resources
programming.
Agenda:
November 5, 2008
Assistant Director’s Remarks
Discussion of Selected Programs that
Support:
• Broadening Participation to Improve
Workforce Development
• Promoting Learning Through Research
and Evaluation
Review and Acceptance of Committee of
Visitor Reports
• Scholarships in STEM
• ADVANCE (Increasing the Participation
and Advancement of Women in
Academic Science and Engineering
Careers)
• Graduate Teaching Fellows in K–12
Education, and the Integrative Graduate
Education and Research Traineeship
(IGERT) programs
November 6, 2008
Review and Acceptance of Committee of
Visitor Reports (continued from
Wednesday)
• Informal Science Education (ISE) and the
Innovative Technology Experiences for
Students and Teachers (ITEST) programs
• Math and Science Partnership (MSP)
program
Visit with the NSF Director.
Future Issues for Consideration.
Dated: October 14, 2008.
Susanne Bolton,
Committee Management Officer.
[FR Doc. E8–24656 Filed 10–16–08; 8:45 am]
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NATIONAL SCIENCE FOUNDATION
NATIONAL SCIENCE FOUNDATION
Advisory Committee for Education and
Human Resources; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting:
Name: Advisory Committee for Education
and Human Resources (#1119).
Date/Time:
November 5, 2008; 8:30 a.m. to 5 p.m.
November 6, 2008; 8:30 a.m. to 12 p.m.
Place: National Science Foundation
Headquarters, Stafford Place I—Room 1235,
4201 Wilson Boulevard, Arlington VA 22230.
Type of Meeting: Open.
Contact Person: James Colby, National
Science Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230, (703) 292–5331,
jcolby@nsf.gov.
If you are attending the meeting and need
access to the NSF, please contact the
individual listed above so your name may be
added to the building access list.

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Advisory Committee for Geosciences;
Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L.
92–463, as amended), the National
Science Foundation announces the
following meeting:
Name: Advisory Committee for
Geosciences (1755).
Dates:
November 19, 2008, 8:30 a.m.–5 p.m.
November 20, 2008, 8:30 a.m.–2 p.m.
Place: Stafford II, Room 555, National
Science Foundation, 4201 Wilson Blvd.,
Arlington, Virginia 22230.
Type of Meeting: Open.
Contact Person: Melissa Lane, National
Science Foundation, Suite 705, 4201 Wilson
Blvd., Arlington, Virginia 22230. Phone 703–
292–8500.
Minutes: May be obtained from the contact
person listed above.
Purpose of Meeting: To provide advice,
recommendations, and oversight concerning
support for research, education, and human
resources development in the geosciences.

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