18406 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Overview of This Information 

Collection: 

(1) Type of information collection: 

Extension of current collection. 

(2) The title of the form/collection: 

Federal Bureau of Investigation 

Bioterrorism Preparedness Act: Entity/ 

Individual Information. 

(3) The agency form number, if any, 

and the applicable component of the 

department sponsoring the collection: 

Forms FD–961; Criminal Justice 

Information Services Division, Federal 

Bureau of Investigation, Department of 

Justice. 

(4) Affected public who will be asked 

or required to respond, as well as a brief 

abstract: Primary: City, county, State, 

Federal, individuals, business or other 

for profit, and not-for-profit institute. 

This collection is needed to receive 

names and other identifying information 

submitted by individuals requesting 

access to specific agents or toxins, and 

consult with appropriate officials of the 

Department of Health and Human 

Services and the Department of 

Agriculture as to whether certain 

individuals specified in the provisions 

should be denied access to or granted 

limited access to specific agents. 

(5) An estimate of the total number of 

respondents and the amount of time 

estimated for an average respondent to 

respond: There are approximately 4,784 

(FY 2008) respondents at 45 minutes for 

FD–961 Form. 

(6) An estimate of the total public 

burden (in hours) associated with this 

collection: There are approximately 

3,588 hours, annual burden, associated 

with this information collection. 

If additional information is required 

contact: Ms. Lynn Bryant, Department 

Clearance Officer, Policy and Planning 

Staff, Justice Management Division, 

United States Department of Justice, 

Patrick Henry Building, Suite 1600, 601 

D Street, NW., Washington, DC 20530. 

Dated: April 17, 2009. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E9–9271 Filed 4–21–09; 8:45 am] 

BILLING CODE P 

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 May 22, 2009. 

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. 

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 

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. Petitions for Modification 

Petitioner: Rosebud Mining Company, 

P.O. Box 1025, Northern Cambria, 

Pennsylvania 15714. 

Docket Number: M–2009–001–C. 

Mines: Clementine Mine, MSHA I.D. 

No. 36–08862, Darmac No. 2 Mine, 

MSHA I.D. No. 36–08135, Dutch Run 

Mine, MSHA I.D. No. 36–08701, 

Logansport Mine, MSHA I.D. No. 36– 

08841, Tracy Lynne Mine, MSHA I.D. 

No. 36–08603, located in Armstrong 

County, Pennsylvania; Beaver Valley 

Mine, MSHA I.D. No. 36–08725, located 

in Beaver County, Pennsylvania; Brush 

Valley Mine, MSHA I.D. No. 36–09437, 

Lowry Mine, MSHA I.D. No. 36–09287, 

Tom’s Run Mine, MSHA I.D. No. 36– 

08525, Heilwood Mine, MSHA I.D. No. 

36–09407, located in Indiana County, 

Pennsylvania; Little Toby Mine, MSHA 

I.D. No. 36–08847, located in Elk 

County, Pennsylvania; Mine 78, MSHA 

I.D. No. 36–09371, located in Somerset 

County, Pennsylvania; Penfield Mine, 

MSHA I.D. No. 36–09355, located in 

Clearfield County, Pennsylvania; and 

Twin Rocks Mine, MSHA I.D. No. 36– 

08836, located in Cambria County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

surveying equipment, including, but not 

limited to, portable battery operated 

mine transits, total station surveying 

equipment, distance meters, and laptop 

computers in or inby the last open 

crosscut. The petitioner proposes to: (1) 

Use non-permissible electronic 

surveying equipment in or inby the last 

open crosscut and examine the 

equipment prior to use to ensure that 

the equipment is in safe operating 

condition; (2) have a qualified person 

examine the equipment at intervals not 

to exceed 7 days and record the 

examination results in the weekly 

electrical equipment examination book. 

The examination will include: (i) 

Checking the instrument for any 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 18407 

physical damage and the integrity of the 

case; (ii) removing the battery and 

inspecting for corrosion; (iii) inspecting 

the contact points to ensure a secure 

connection to the battery; (iv) 

reinserting the battery and powering up 

and shutting down to ensure proper 

connections: and (v) checking the 

battery compartment cover to ensure 

that it is securely fastened. In addition, 

the operator will also: (1) Have a 

qualified person continuously monitor 

for methane immediately before and 

during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return; (2) 

eliminate the use of non-permissible 

surveying equipment if methane is 

detected in concentrations at or above 

1.0 percent; (3) de-energize the 

equipment immediately and withdraw 

the equipment further than 150 feet 

from pillar workings when 1.0 percent 

or more of methane is detected while 

the equipment is in use; (4) eliminate 

the use of non-permissible surveying 

equipment where float coal dust is in 

suspension; (5) charge or change 

batteries contained in the surveying 

equipment in fresh air out of the return; 

(6) provide training to qualified 

personnel who use the surveying 

equipment to properly recognize the 

hazards and limitations associated with 

the use of the equipment; (7) put the 

non-permissible surveying equipment in 

service only after MSHA has initially 

inspected the equipment and 

determined that it is in compliance with 

all of the terms and conditions of this 

petition; and (8) submit proposed 

revisions for the part 48 training plan to 

the District Manager, which will include 

specified initial and refresher training 

regarding the terms and conditions 

stated in the Proposed Decision and 

Order. The petitioner asserts that 

application of the existing standard 

would result in a diminution of safety 

to the miners and the proposed 

alternative method would at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Docket Number: M–2009–002–C. 

Petitioner: Rosebud Mining Company, 

P.O. Box 1025, Northern Cambria, 

Pennsylvania 15714. 

Mines: Clementine Mine, MSHA I.D. 

No. 36–08862, Darmac No. 2 Mine, 

MSHA I.D. No. 36–08135, Dutch Run 

Mine, MSHA I.D. No. 36–08701, 

Logansport Mine, MSHA I.D. No. 36– 

08841, Tracy Lynne Mine, MSHA I.D. 

No. 36–08603, located in Armstrong 

County, Pennsylvania; Beaver Valley 

Mine, MSHA I.D. No. 36–08725, located 

in Beaver County, Pennsylvania; Brush 

Valley Mine, MSHA I.D. No. 36–09437, 

Lowry Mine, MSHA I.D. No. 36–09287, 

Tom’s Run Mine, MSHA I.D. No. 36– 

08525, Heilwood Mine, MSHA I.D. No. 

36–09407, located in Indiana County, 

Pennsylvania; Little Toby Mine, MSHA 

I.D. No. 36–08847, located in Elk 

County, Pennsylvania; Mine 78, MSHA 

I.D. No. 36–09371, located in Somerset 

County, Pennsylvania; Penfield Mine, 

MSHA I.D. No. 36–09355, located in 

Clearfield County, Pennsylvania; and 

Twin Rocks Mine, MSHA I.D. No. 36– 

08836, located in Cambria County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

surveying equipment in return airways. 

The petitioner proposes to: (1) Use nonpermissible electronic surveying 

equipment in or inby the last open 

crosscut and examine the equipment 

prior to use to ensure that the 

equipment is in safe operating 

condition; (2) have a qualified person 

examine the equipment at intervals not 

to exceed 7 days and record the 

examination results in the weekly 

electrical equipment examination book. 

The examination will include: (i) 

Checking the instrument for any 

physical damage and the integrity of the 

case; (ii) removing the battery and 

inspecting for corrosion; (iii) inspecting 

the contact points to ensure a secure 

connection to the battery; (iv) 

reinserting the battery and powering up 

and shutting down to ensure proper 

connections: and (v) checking the 

battery compartment cover to ensure 

that it is securely fastened. In addition, 

the operator will also: (1) Have a 

qualified person continuously monitor 

for methane immediately before and 

during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return; (2) 

eliminate the use of non-permissible 

surveying equipment if methane is 

detected in concentrations at or above 

1.0 percent; (3) de-energize the 

equipment immediately and withdraw 

the equipment further than 150 feet 

from pillar workings when 1.0 percent 

or more of methane is detected while 

the equipment is in use; (4) eliminate 

the use of non-permissible surveying 

equipment where float coal dust is in 

suspension; (5) charge or change 

batteries contained in the surveying 

equipment in fresh air out of the return; 

(6) provide training to qualified 

personnel who use the surveying 

equipment to properly recognize the 

hazards and limitations associated with 

the use of the equipment; (7) put the 

non-permissible surveying equipment in 

service only after MSHA has initially 

inspected the equipment and 

determined that it is in compliance with 

all of the terms and conditions of this 

petition; and (8) submit proposed 

revisions for the part 48 training plan to 

the District Manager, which will include 

specified initial and refresher training 

regarding the terms and conditions 

stated in the Proposed Decision and 

Order. The petitioner asserts that 

application of the existing standard 

would result in a diminution of safety 

to the miners and the proposed 

alternative method would at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Docket No: M–2009–003. 

Petitioner: Rosebud Mining Company, 

P.O. Box 1025, Northern Cambria, 

Pennsylvania 15714. 

Mines: Clementine Mine, MSHA I.D. 

No. 36–08862, Darmac No. 2 Mine, 

MSHA I.D. No. 36–08135, Dutch Run 

Mine, MSHA I.D. No. 36–08701, 

Logansport Mine, MSHA I.D. No. 36– 

08841, Tracy Lynne Mine, MSHA I.D. 

No. 36–08603, located in Armstrong 

County, Pennsylvania; Beaver Valley 

Mine, MSHA I.D. No. 36–08725, located 

in Beaver County, Pennsylvania; Brush 

Valley Mine, MSHA I.D. No. 36–09437, 

Lowry Mine, MSHA I.D. No. 36–09287, 

Tom’s Run Mine, MSHA I.D. No. 36– 

08525, Heilwood Mine, MSHA I.D. No. 

36–09407, located in Indiana County, 

Pennsylvania; Little Toby Mine, MSHA 

I.D. No. 36–08847, located in Elk 

County, Pennsylvania; Mine 78, MSHA 

I.D. No. 36–09371, located in Somerset 

County, Pennsylvania; Penfield Mine, 

MSHA I.D. No. 36–09355, located in 

Clearfield County, Pennsylvania; and 

Twin Rocks Mine, MSHA I.D. No. 36– 

08836, located in Cambria County, 

Pennsylvania. 

Regulation Affected: 30 CFR 

75.1002(a) (installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

surveying equipment, including, but not 

limited to, portable battery operated 

mine transits, total station surveying 

equipment, distance meters, and laptop 

computers within 150 feet of pillar 

workings. The petitioner proposes to: (1) 

Use non-permissible electronic 


dwashington3 on PROD1PC60 with NOTICES
18408 Federal Register / Vol. 74, No. 76 / Wednesday, April 22, 2009 / Notices 

surveying equipment in or inby the last 

open crosscut and examine the 

equipment prior to use to ensure that 

the equipment is in safe operating 

condition; (2) have a qualified person 

examine the equipment at intervals not 

to exceed 7 days and record the 

examination results in the weekly 

electrical equipment examination book. 

The examination will include: (i) 

Checking the instrument for any 

physical damage and the integrity of the 

case; (ii) removing the battery and 

inspecting for corrosion; (iii) inspecting 

the contact points to ensure a secure 

connection to the battery; (iv) 

reinserting the battery and powering up 

and shutting down to ensure proper 

connections: and (v) checking the 

battery compartment cover to ensure 

that it is securely fastened. In addition, 

the operator will also: (1) Have a 

qualified person continuously monitor 

for methane immediately before and 

during the use of non-permissible 

surveying equipment within 150 feet of 

pillar workings; (2) eliminate the use of 

non-permissible surveying equipment if 

methane is detected in concentrations at 

or above 1.0 percent; (3) de-energize the 

equipment immediately and withdraw 

the equipment further than 150 feet 

from pillar workings when 1.0 percent 

or more of methane is detected while 

the equipment is in use; (4) eliminate 

the use of non-permissible surveying 

equipment where float coal dust is in 

suspension; (5) charge or change 

batteries contained in the surveying 

equipment in fresh air outby the last 

open crosscut; (6) provide training to 

qualified personnel who use the 

surveying equipment to properly 

recognize the hazards and limitations 

associated with the use of the 

equipment; (7) put the non-permissible 

surveying equipment in service only 

after MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all of the terms and 

conditions of this petition; and (8) 

submit proposed revisions for the part 

48 training plan to the District Manager, 

which will include specified initial and 

refresher training regarding the terms 

and conditions stated in the Proposed 

Decision and Order. The petitioner 

asserts that application of the existing 

standard would result in a diminution 

of safety to the miners and the proposed 

alternative method would at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. E9–9168 Filed 4–21–09; 8:45 am] 

BILLING CODE 4510–43–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC-2009-0164] 

Notice of Availability of Draft NUREG1536, Revision 1A, ‘‘Standard Review 

Plan for Spent Fuel Dry Storage 

Systems at a General License Facility’’, 

and Opportunity to Provide Comments 

Correction 

FR Notice Document E9-8602 was 

published on page 17696 in the issue of 

Thursday, April 16, 2009. This 

document was an inadvertent 

republication of FR Doc. E9-8599, which 

published on page 15746 in the issue of 

Wednesday, April 15, 2009. Therefore, 

FR Doc. E9-8602 is withdrawn. 

[FR Doc. Z9–8599 Filed 4–21–08; 8:45 am] 

BILLING CODE 1505–01–D 

RAILROAD RETIREMENT BOARD 

Proposed Collection; Comment 

Request 

SUMMARY: In accordance with the 

requirement of Section 3506 (c)(2)(A) of 

the Paperwork Reduction Act of 1995 

which provides opportunity for public 

comment on new or revised data 

collections, the Railroad Retirement 

Board (RRB) will publish periodic 

summaries of proposed data collections. 

Comments are invited on: (a) Whether 

the proposed information collection is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information has practical 

utility; (b) the accuracy of the RRB’s 

estimate of the burden of the collection 

of the information; (c) ways to enhance 

the quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden related to 

the collection of information on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

1. Title and purpose of information 

collection: Application for Survivor 

Insurance Annuities; OMB 3220–0030. 

Under Section 2(d) of the Railroad 

Retirement Act (RRA), monthly survivor 

annuities are payable to surviving 

widow(er)s, parents, unmarried 

children, and in certain cases, divorced 

wives (husbands), mothers (fathers), 

remarried widow(er)s, and 

grandchildren of deceased railroad 

employees. The collection obtains the 

information required by the RRB to 

determine entitlement to and the 

amount of the annuity applied for. 

The RRB currently utilizes Form(s) 

AA–17, Application for Widow(ers) 

Annuity, AA–17b Applications for 

Determination of Widow(er) Disability, 

AA–17cert, Application Summary and 

Certification, AA–18, Application for 

Mother’s/Father’s and Child’s Annuity, 

AA–19, Application for Child’s 

Annuity, AA–19a, Application for 

Determination of Child Disability, and 

AA–20, Application for Parent’s 

Annuity to obtain the necessary 

information. The RRB proposes no 

changes to the forms in the information 

collection. One response is requested of 

each respondent. Completion is 

required to obtain benefits. 

Estimate of Annual Respondent Burden 

The estimated annual respondent 

burden is as follows: 

Form No.(s) Annual 

responses 

Time 

(min) 

Burden 

(hrs) 

AA–17 (manual, without assistance) ............................................................................................................. 100 47 78 

AA–17b (with assistance) .............................................................................................................................. 280 40 187 

AA–17b (without assistance) ......................................................................................................................... 20 50 17 

AA–17cert ...................................................................................................................................................... 3,000 20 1,000 

AA–18 (manual, without assistance) ............................................................................................................. 12 47 9 

AA–19 (manual, without assistance) ............................................................................................................. 9 47 7 

AA–19a (with assistance) .............................................................................................................................. 285 45 214 

AA–19a (without assistance) ......................................................................................................................... 15 65 16 

AA–20 (manual, without assistance) ............................................................................................................. 1 47 1 


dwashington3 on PROD1PC60 with NOTICES