Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 27185 

electronic submission by name, date 

and docket number. 

Because of security-related 

procedures, the use of regular mail may 

cause a significant delay in the receipt 

of submissions. For information about 

security procedures concerning the 

delivery of submissions by hand, 

express delivery, messenger or courier 

service, please contact the OSHA Docket 

Office at (202) 693–2350 (TTY (877) 

889–5627). 

Meeting transcripts and minutes as 

well as written comments and requests 

to speak are included in the public 

record of the FACOSH meeting (Docket 

No. OSHA–2009–0018). Written 

comments and requests to speak are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions interested parties about 

submitting certain personal information 

such as social security numbers and 

birth dates. Although all submissions 

are listed in the http:// 

www.regulations.gov index, some 

documents (e.g., copyrighted material) 

are not publicly available to read or 

download through http:// 

www.regulations.gov. 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 make 

submissions and to access the docket 

and exhibits 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 submissions and other 

documents in the docket. 

Electronic copies of this Federal 

Register notice are available at http:// 

www.regulations.gov. This notice, as 

well as news releases and other relevant 

information, is also available at OSHA’s 

Web page at http://www.osha.gov. 

Authority and Signature 

Jordan Barab, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice under the 

authority granted by section 19 of the 

Occupational Safety and Health Act of 

1970 (OSH Act) (29 U.S.C. 668), 5 U.S.C. 

7902, section 1–5 of Executive Order 

12196, the Federal Advisory Committee 

Act (5 U.S.C. App.2) and regulations 

issued under FACA (41 CFR Part 102– 

3), and Secretary of Labor’s Order No. 

5–2007 (72 FR 31160). 

Signed at Washington, DC, this 3rd day of 

June 2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–13342 Filed 6–5–09; 8:45 am] 

BILLING CODE 4510–26–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 July 8, 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 

Docket Number: M–2009–013–C. 

Petitioner: Wolf Run Mining 

Company, LLC, RT 3 Box 146, Philippi, 

West Virginia 26416. 

Mine: Sentinel Mine, MSHA I.D. No. 

46–04168, located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to not provide blow-off dust 

covers on nozzles on deluge type 

systems. The petitioner states that 

although more than adequate pressure 

and flow rates for the deluge system are 

maintained, in some tests, the dust 

covers do not come off all sprays. The 

petitioner proposes to continue its 

weekly functional testing of the 

complete deluge-type water spray 

system. The petitioner further states that 

dust covers are not necessary because 

the system will be inspected and 

maintained weekly. The petitioner 

asserts that the proposed alternative 

method will at all times guarantee no 

less than the same measure of protection 

afforded the miners by the existing 

standard. 

Docket Number: M–2009–014–C. 

Petitioner: Jim Walter Resources, Inc., 

P.O. Box 133, Brookwood, Alabama 

35444. 

Mine: No. 4 Mine, MSHA I.D. No. 01– 

01247, located in Tuscaloosa County, 

Alabama. 


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27186 Federal Register / Vol. 74, No. 108 / Monday, June 8, 2009 / Notices 

Regulation Affected: 30 CFR 

75.351(q)(2) (Atmospheric monitoring 

systems). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the mine manager at 

the No. 4 Mine to certify in writing, 

once every six months that the CO 

Supervisor has demonstrated 

competence in the subject matter of the 

referenced standard without requiring 

him to travel underground. The 

petitioner states that: (1) The room 

where the CO Supervisor works is 

equipped with more than a dozen 

cameras trained on key underground 

areas, and these cameras give the CO 

Supervisor a real-time continual view of 

activities and events in these areas; (2) 

the room where the CO Supervisor 

works is equipped with computer 

equipment that is part of a monitoring 

system that gives a more extensive 

continual view of the No. 4 Mines 

underground workings; and (3) the room 

where the CO Supervisor works is 

equipped with an underground mine 

map that is regularly updated, and the 

CO Supervisor regularly refers to this 

map when performing his duties. The 

petitioner further states that allowing 

the mine manger at the No. 4 Mine to 

certify in writing, once every six months 

that the CO Supervisor has 

demonstrated competence in the subject 

matter of the referenced standard 

without requiring him to travel 

underground will advance the safety 

and health purposes of the Act and will 

at all times guarantee at least the same 

measure of safety to the miners as the 

referenced standard. 

Docket Number: M–2009–002–M. 

Petitioner: Resolution Copper Mining, 

102 Magma Heights, P.O. Box 1944, 

Superior, Arizona 85273. 

Mine: Resolution Copper Mine, 

MSHA I.D. No. 02–00152, located in 

Pinal County, Arizona. 

Regulation Affected: 30 CFR 57.15030 

(Provision and maintenance of selfrescue devices). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the miner to wear the 

Ocenco M–20 self-contained self-rescue 

(SCSR) (MSHA rated 10 minutes) unit 

on their person and a 60 minute unit 

(the CSE SR–100 or equivalent MSHA 

rated for 60 minutes) on their vehicles 

or equipment. The petitioner states that: 

(1) In addition, caches of these units 

will be placed and maintained at 

strategic locations within 300 to 500 feet 

or 5 minutes maximum of the employee; 

(2) the combination of devices will be 

made available to all employees 

working underground and maintained 

in good condition; and (3) every 

underground miner will be trained on 

an annual basis in the use, limitations, 

care, and donning (including transition 

donning) of self-contained self-rescue 

devices. The petitioner further states 

that: (1) This proposal will satisfy the 

State Mining Act while enabling the 

miners to wear an ergonomically 

suitable SCSR on their belt; (2) the 

alternative to the smaller M–20 type are 

bulky and heavy units that will expose 

the miners to additional risk associated 

with a large and heavy unit hanging off 

their belt; and (3) the current MSA W– 

65 filter self-rescuer (Approval No. TC– 

14G–82) weighs 2.2 pounds, and the 

smallest SCSR is the SR–100 which 

weighs 6 pounds and is approximately 

2.5 pounds larger than the W–65 filter 

and is awkward to wear. The petitioner 

asserts that the proposed alternative 

method would provide at least the same 

measure of protection as the existing 

standard. 

Docket Number: M–2009–003–M. 

Petitioner: Resolution Copper Mining, 

102 Magma Heights, P.O. Box 1944, 

Superior, Arizona 85273. 

Mine: Resolution Copper Mine, 

MSHA I.D. No. 02–00152, located in 

Pinal County, Arizona. 

Regulation Affected: 30 CFR 57.15031 

(Location of self-rescue devices). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the miner to wear the 

Ocenco M–20 self-contained self-rescue 

(SCSR) (MSHA rated 10 minutes) unit 

on their person and a 60 minute unit 

(the CSE SR–100 or equivalent MSHA 

rated for 60 minutes) on their vehicles 

or equipment. The petitioner states that: 

(1) In addition, caches of these units 

will be placed and maintained at) 

strategic locations within 300 to 500 feet 

or 5 minutes maximum of the employee; 

(2) the combination of devices will be 

made available to all employees 

working underground and maintained 

in good condition; and (3) every 

underground miner will be trained on 

an annual basis in the use, limitations, 

care, and donning (including transition 

donning) of self-contained self-rescue 

devices. The petitioner further states 

that: (1) This proposal will satisfy the 

State Mining Act while enabling the 

miners to wear an ergonomically 

suitable SCSR on their belt; (2) the 

alternative to the smaller M–20 type are 

bulky and heavy units that will expose 

the miners to additional risk associated 

with a large and heavy unit hanging off 

their belt; and (3) the current MSA W– 

65 filter self-rescuer (Approval No. TC– 

14G–82) weighs 2.2 pounds, and the 

smallest SCSR is the SR–100 which 

weighs 6 pounds and is approximately 

2.5 pounds larger than the W–65 filter 

and is awkward to wear. The petitioner 

asserts that the proposed alternative 

method would provide at least the same 

measure of protection as the existing 

standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–13173 Filed 6–5–09; 8:45 am] 

BILLING CODE 4510–43–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice at least once monthly 

of certain Federal agency requests for 

records disposition authority (records 

schedules). Once approved by NARA, 

records schedules provide mandatory 

instructions on what happens to records 

when no longer needed for current 

Government business. They authorize 

the preservation of records of 

continuing value in the National 

Archives of the United States and the 

destruction, after a specified period, of 

records lacking administrative, legal, 

research, or other value. Notice is 

published for records schedules in 

which agencies propose to destroy 

records not previously authorized for 

disposal or reduce the retention period 

of records already authorized for 

disposal. NARA invites public 

comments on such records schedules, as 

required by 44 U.S.C. 3303a(a). 

DATES: Requests for copies must be 

received in writing on or before July 8, 

2009. Once the appraisal of the records 

is completed, NARA will send a copy of 

the schedule. NARA staff usually 

prepare appraisal memorandums that 

contain additional information 

concerning the records covered by a 

proposed schedule. These, too, may be 

requested and will be provided once the 

appraisal is completed. Requesters will 

be given 30 days to submit comments. 

ADDRESSES: You may request a copy of 

any records schedule identified in this 

notice by contacting the Life Cycle 

Management Division (NWML) using 

one of the following means: 


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