Sixty Day Preclearance Federal Register Notice

60-day FR Notice 9-18-07.pdf

Regulations Containing Procedures for Handling of Discrimination Complaints

Sixty Day Preclearance Federal Register Notice

OMB: 1218-0236

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53266

Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices

Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR
75.1200(d) & (i) (Mine map).
Modification Request: The petitioner
proposes to use cross-sections instead of
contour lines through the intake slope at
locations of rock tunnel connections
between veins, and at 1,000 foot
intervals of advance from the intake
slope. In addition, the petitioner
proposes to limit the required mapping
of the mine workings above and below
to those present within 100 feet of the
veins being mined, except when these
veins are interconnected to other veins
beyond the 100-foot limit, through rock
tunnels. The petitioner states that
contours provide no useful information
due to the steep pitch encountered in
mining anthracite coal veins, and their
presence would make portions of the
map illegible. The petitioner further
states that use of cross-sections in lieu
of contour lines has been practiced
since the late 1800’s and provides
critical information about the spacing
between veins and the proximity to
other mine workings, which fluctuate
considerably. Additionally, the
petitioner states that the mine workings
above and below are usually inactive
and abandoned, and therefore not
subject to changes during the life of the
mine. The petitioner states that all
mapping for mines above and below are
researched by its contract engineer for
the presence of interconnecting rock
tunnels between veins in relation to the
mine and a hazard analysis is done
when mapping indicates the presence of
known or potentially flooded workings.
The petitioner asserts that when
evidence indicates that prior mining
was conducted on a vein above or below
and research exhausts the availability of
mine mapping, the vein will be
considered to be mined and flooded and
appropriate precautions will be taken
under 30 CFR 75.388, where possible.
Where potential hazards exist and inmine drilling capabilities limit
penetration, petitioner will drill surface
boreholes to intercept the mine
workings and will analyze the results
prior to mining in the affected area. The
petitioner asserts that the proposed
alternative method would provide at
least the same measure of protection as
the existing standard.
Docket Number: M–2007–056–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.

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Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1202
and 75.1202–1(a) (Temporary notations,
revisions, and supplements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the required interval
of survey to be established on an annual
basis from the initial survey lieu of
every 6 months. The petitioner proposes
to update the mine map by hand
notations on a daily basis, conduct
subsequent surveys prior to
commencing retreat mining, and when
either a drilling program under 30 CFR
75.388 or plan for mining into
accessible areas under 30 CFR 75.389 is
required. The petitioner states that: (1)
Low production and slow rate of
advance in anthracite mining make
surveying on 6 month intervals
impractical and, in most cases, annual
development is frequently limited to
less than 500 feet of gangway advance
with associated up-pitch development;
(2) the majority of small anthracite
mines are using non-mechanized, handloading mining methods; (3)
development above the active gangway
is designed to mine into the level above
at designated intervals thereby
maintaining sufficient control between
both surveyed gangways; and (4) the
available engineering/surveyor
resources are very limited in anthracite
coal fields which makes surveying
difficult to achieve. The petitioner
asserts that the proposed alternative
method would provide at least the same
measure of protection as the existing
standard.
Docket Number: M–2007–057–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1400
(Hoisting equipment; general).
Modification Request: The petitioner
proposes to use the slope (gunboat) to
transport persons in shafts and slopes
using an increased rope strength/safety
factor and secondary safety rope
connection instead of using safety
catches or other no less effective
devices. The petitioner asserts that a
functional safety catch has not been
developed and that the proposed
alternative method would provide at
least the same measure of protection as
the existing standard.

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Dated: September 12, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. E7–18367 Filed 9–17–07; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0071)]

Procedures for the Handling of
Discrimination Complaints Under
Federal Employee Protection Statutes;
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 comment
concerning its proposal to extend OMB
approval of the information collection
requirements for handling of
discrimination complaints under
Federal Employee Protection Statutes
contained in regulations at: 29 CFR Part
24, Procedures for the Handling of
Discrimination Complaints under
Federal Employee Protection Statutes;
29 CFR Part 1979, Procedures for
Handling Discrimination Complaints
Under Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century; 29 CFR Part 1980, Procedures
for Handling of Discrimination
Complaints Under Section 806 of the
Corporate and Criminal Fraud
Accountability Act of 2002, Title VIII of
the Sarbanes-Oxley Act 2002; and 29
CFR Part 1981 Procedures for the
Handling of Discrimination Complaints
under Section 6 of the Pipeline Safety
and Improvement Act of 2002 (i.e.,
These Regulations). These regulations
set forth procedures employees must
use to file a complaint with OSHA
alleging that their employer violated a
Federal statute that prohibits retaliation
against employees who engage in
activities protected by the various
employee protection statutes.
DATES: Comments must be submitted
(postmarked, sent or received) by
November 19, 2007.
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.

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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices
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–2007–0071,
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.,
EST.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the ICR (OSHA–
2007–0071). 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 Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Nilgun Tolek at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Nilgun Tolek, Office of Investigative
Assistance, Directorate of Enforcement
Programs, OSHA, U.S. Department of
Labor, Room N–3610, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–2199.
SUPPLEMENTARY INFORMATION:

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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

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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
OSHA’s estimate of the information
collection burden is accurate.
The Agency is responsible for
investigating alleged violations of
‘‘whistleblower’’ provisions contained
in a number of Federal statutes. These
provisions prohibit retaliation by
employers against employees who
report alleged violations of certain laws
or regulations. Accordingly, these
provisions prohibit an employer from
discharging or taking any other
retaliatory action against an employee
with respect to compensation, or the
terms, conditions, or privileges of
employment because the employee
engages in any of the protected activities
specified by the ‘‘whistleblower’’
provisions of these Federal statutes.
These Federal statues are covered
under the following regulations: 29 CFR
Part 24, Procedures for the Handling of
Discrimination Complaints under
Federal Employee Protection Statutes
(29 CFR Part 24 covers: Safe Water
Drinking Act, 42 U.S.C. 300j–9(i); Water
Pollution Control Act, 33 U.S.C. 1367;
Toxic Substances Control Act, 15 U.S.C.
2622; Solid Waste Disposal Act, 42
U.S.C. 6971: Clean Air Act, 42 U.S.C.
7622; Energy Reorganization Act of
1974, 42 U.S.C. 5851; Comprehensive
Environmental Response, Compensation
and Liability Act of 1980, 42 U.S.C.
9610); 29 CFR Part 1979, Procedures for
Handling Discrimination Complaints
Under the Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century; 29 CFR Part 1980, Procedures
for Handling of Discrimination
Complaints Under Section 806 of the
Corporate and Criminal Fraud
Accountability Act of 2002, Title VIII of
the Sarbanes-Oxley Act of 2002; and 29
CFR Part 1981 Procedures for the
Handling of Discrimination Complaints
under Section 6 of the Pipeline Safety
and Improvement Act of 2002.
These regulations specify the
procedures that an employee must use
to file a complaint with OSHA alleging
that their employer violated a
‘‘whistleblower’’ provision for which
the Agency has investigative
responsibility. Any employee who
believes that such a violation occurred
may file a complaint, or have the
complaint filed on their behalf. While
OSHA specifies no particular form for
filing a complaint, these regulations
require that a complaint must be in
writing and should include a full
statement of the acts and omissions,

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53267

with pertinent dates, which are believed
to constitute the violation.
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
Regulations Containing Procedures for
Handling Discrimination Complaints.
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: Regulations Containing
Procedures for Handling Discrimination
Complaints.
OMB Number: 1218–0236.
Affected Public: Individuals.
Number of Respondents: 390.
Frequency of Recordkeeping: Once
per complaint.
Average Time per Response: 1 hour.
Total Annual Hours Requested: 390.
Estimated Cost (Operation and
Maintenance): $0.
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–2007–0071).
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

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53268

Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices

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 ‘‘UserTips’’
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. 5–2002 (67 FR 65008).
Signed at Washington, DC, on September
12, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–18314 Filed 9–17–07; 8:45 am]
BILLING CODE 4510–26–P

NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES

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National Endowment for the Arts
Arts Advisory Panel
Pursuant to Section 10(a)(2) of the
Federal Advisory Committee Act (Pub.
L. 92–463), as amended, notice is hereby
given that five meetings of the Arts

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Advisory Panel to the National Council
on the Arts will be held at the Nancy
Hanks Center, 1100 Pennsylvania
Avenue, NW., Washington, DC, 20506
as follows (ending times are
approximate):
Arts Education (application review):
October 2–5, 2007 in Room 716. A
portion of this meeting, from 2:30 p.m.
to 3 p.m. on October 5th, will be open
to the public for a policy discussion.
The remainder of the meeting, from 9
a.m. to 5:30 p.m. on October 2nd–4th,
and from 9 a.m. to 2:30 p.m. and 3p.m.
to 3:30 p.m. on October 5th, will be
closed.
Arts Education (application review):
October 10–11, 2007 in Room 716. A
portion of this meeting, from 1:30 p.m.
to 2 p.m. on October 10th, will be open
to the public for a policy discussion.
The remainder of the meeting, from 9
a.m. to 6 p.m. on October 10th, and from
9 a.m. to 1:30 p.m. and 2 p.m. to 3 p.m.
on October 11th, will be closed.
Arts Education (application review):
October 15, 2007 in Room 716. This
meeting, from 9 a.m. to 5:30 p.m., will
be closed.
Arts Education (application review):
October 22–25, 2007 in Room 716. A
portion of this meeting, from 1:15 p.m.
to 2 p.m. on October 25th, will be open
to the public for a policy discussion.
The remainder of the meeting, from 9
a.m. to 6 p.m. on October 22nd–24th,
and from 9 a.m. to 1:15 p.m. and 2 p.m.
to 4:30 p.m. on October 25th, will be
closed.
Presenting (application review):
October 29–30, 2007 in Room 716. This
meeting, from 9 a.m. to 5:30 p.m. on
October 29th, and from 9 a.m. to 1:30
p.m. on October 30th, will be closed.
The closed portions of meetings are
for the purpose of Panel review,
discussion, evaluation, and
recommendations on financial
assistance under the National
Foundation on the Arts and the
Humanities Act of 1965, as amended,
including information given in
confidence to the agency. In accordance
with the determination of the Chairman
of February 21, 2007, these sessions will
be closed to the public pursuant to
subsection (c)(6) of section 552b of Title
5, United States Code.
Any person may observe meetings, or
portions thereof, of advisory panels that
are open to the public, and if time
allows, may be permitted to participate
in the panel’s discussions at the
discretion of the panel chairman. If you
need special accommodations due to a
disability, please contact the Office of
AccessAbility, National Endowment for
the Arts, 1100 Pennsylvania Avenue,
NW., Washington, DC 20506, 202/682–

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5532, TDY–TDD 202/682–5496, at least
seven (7) days prior to the meeting.
Further information with reference to
these meetings can be obtained from Ms.
Kathy Plowitz-Worden, Office of
Guidelines & Panel Operations, National
Endowment for the Arts, Washington,
DC, 20506, or call 202/682–5691.
Dated: September 12, 2007.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations,
National Endowment for the Arts.
[FR Doc. E7–18284 Filed 9–17–07; 8:45 am]
BILLING CODE 7537–01–P

NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission.
DATE: Weeks of September 17, 24,
October 1, 8, 15, 22, 2007.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:

Week of September 17, 2007
There are no meetings scheduled for
the Week of September 17, 2007.
Week of September 24, 2007—Tentative
There are no meetings scheduled for
the Week of September 24, 2007.
Week of October 1, 2007—Tentative
Monday, October 1, 2007
1:30 p.m.
Periodic Briefing on Security Issues
(Closed—Ex. 1 & 3).
Wednesday, October 3, 2007
2 p.m. Briefing on NRC’s International
Programs, Performance, and Plans
(Public Meeting) (Contact: Karen
Henderson, 301–415–0202).
This meeting will be webcast live at
the Web address— http://www.nrc.gov.
Week of October 8, 2007—Tentative
There are no meetings scheduled for
the Week of October 8, 2007.
Week of October 15, 2007—Tentative
There are no meetings scheduled for
the Week of October 15, 2007.
Week of October 22, 20007—Tentative
Wednesday, October 24, 2007
1:30 p.m. Periodic Briefing on New
Reactor Issues (Public Meeting)
(Contact: Roger Rihm, 301–415–7807).

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2007-11-16
File Created2007-09-18

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