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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices

4. Standby Power for Underground
Components
a. Stationary components
(infrastructure) should be capable of
tracking persons underground during
evacuation and rescue efforts, even
upon loss of mine power. In many
circumstances, the capacity to provide a
minimum of 24 hours of continuous
tracking operation after a power loss
generally should be sufficient.
b. An individually-worn/carried
tracking device (e.g., a tag) generally
should provide a low power warning.
To facilitate evacuation and rescue
efforts, the individually-worn/carried
tracking device generally should
provide at least 4 hours of operation in
addition to the normal shift duration
(12-hour total minimum duration).
5. Capacity—Tracking system
components (readers) must be capable
of tracking the maximum number of
persons, including visitors, expected to
be in a coverage area.
6. Scanning rate—In order to provide
timely and relevant information, the
tracking system generally should be
capable of updating (refreshing) location
data at least every 60 seconds.
7. Surface Considerations
a. The surface component of a
tracking system should be located at the
communication facility required under
30 CFR 75.1600–1 where a person is
always on duty when miners are
underground and should include a linepowered interface that can display the
location of all miners underground. The
person should be trained in the
operation of the tracking system.
b. The surface tracking component
should be equipped with standby power
to ensure continuous operation in the
event the line power is interrupted.
c. The tracking system interface
should display the last known location
of a miner when the tracking device is
not communicating with the system.
d. Each miner should be uniquely
identified.
e. Location data should be associated
with a time stamp.
f. Location data should be stored for
two weeks so that it will be available for
evacuation and rescue of persons
underground, as well as for accident
investigations.
8. Survivability
a. If system components must be
installed in areas vulnerable to damage
(such as in front of seals), protection
against forces that could cause damage
should be provided. For example,
protection could be provided by
installing enclosures in recessed areas,
around corners, or other areas that
reduce potential for damage, or routing

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and protecting cables such that potential
for damage is minimized.
b. Data storage should not be
impacted by interruption of the data
link between underground and surface
components.
9. Maintenance
a. The equipment manufacturer
generally should provide a maintenance
schedule and checklist to the mine
operator.
b. The mine operator generally
should:
i. Establish and follow a procedure to
provide tracking during system or
component failures in the event that an
accident occurs before the failure can be
corrected.
ii. Check the standby power and
functionality of the system and the
devices worn by the miner on a weekly
basis as required by 30 CFR 75.512–2.
iii. Follow the manufacturer’s
maintenance recommendations.
Background
The MINER Act of 2006 included the
following requirement for
communications and tracking systems:
Not later than 3 years after the date of
enactment of the Mine Improvement and
New Emergency Response Act of 2006, a [n
emergency response] plan shall, to be
approved, provide for post accident
communication between underground and
surface personnel via a wireless two-way
medium, and provide for an electronic
tracking system permitting surface personnel
to determine the location of any persons
trapped underground or set forth within the
plan the reasons such provisions can not be
adopted. Where such plan sets forth the
reasons such provisions can not be adopted,
the plan shall also set forth the operator’s
alternative means of compliance. Such
alternative shall approximate, as closely as
possible, the degree of functional utility and
safety protection provided by the wireless
two-way medium and tracking system
referred to in this subpart.

Since fully wireless communication
systems technology is not currently
available to mine operators, alternative
means of compliance using partially
wireless two-way communication is
warranted.
In addition, the MINER Act requires:
Consistent with available technology and
with the physical constraints, if any, of the
mine, the plan shall provide for above
ground personnel to determine the current,
or immediately pre-accident, location of all
underground personnel. Any system so
utilized shall be functional, reliable, and
calculated to remain serviceable in a postaccident setting.

As of the date of this PPL, electronic
tracking is available and MSHA
approved. As technological advances
are made and become available, MSHA

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will update this guidance, and District
Managers will review existing
Emergency Response Plans to consider
the manner in which intervening
advances in electronic tracking systems
may enhance miners’ ability to evacuate
or otherwise survive in an emergency.
Authority
Section 316 of the Federal Mine
Safety and Health Act of 1977, as
amended, 30 U.S.C. 876; 30 CFR part 23
and 75.1600.
Filing Instructions
This program policy letter should be
filed behind the tab marked ‘‘Program
Policy Letters’’ at the back of Volume II
of the Program Policy Manual.
Internet Availability
This program policy letter may be
viewed on the World Wide Web by
accessing the MSHA home page
(http://www.msha.gov) and choosing
‘‘Compliance Info’’ and ‘‘Program Policy
Letters.’’ A list of MSHA-approved twoway communications systems and a list
of MSHA-approved electronic tracking
systems may be found at http://
www.msha.gov/techsupp/PEDLocating/
MSHAApprovedPEDproducts.pdf.
Issuing Offices and Contact Persons
MSHA, Approval and Certification
Center, David Chirdon, (304) 547–
2026, E-mail: [email protected].
Coal Mine Safety and Health, Salwa ElBassioni, (202) 693–9525, E-mail: [email protected].
Distribution
MSHA Program Policy Manual
Holders;
Manufacturers of Mining Equipment
and Mine Equipment Repair Facilities;
Miners’ Representatives;
Underground Mine Operators;
Underground Independent
Contractors;
Special Interest Groups.
[FR Doc. E8–29943 Filed 12–17–08; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2008–0049]

Hazardous Waste Operations and
Emergency Response (HAZWOPER);
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.

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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices

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ACTION:

Request for public comment.

SUMMARY: OSHA solicits comments
concerning its proposal to extend OMB
approval of the information collection
requirements contained in the Standard
on Hazardous Waste Operations and
Emergency Response (HAZWOPER) (29
CFR 1910.120). Section 126(e) of the
‘‘Superfund Amendments and
Reauthorization Act of 1986’’ (SARA)
(Pub. L. 99–499) which became law on
October 17, 1986, required the Secretary
of Labor, pursuant to Section 6 of the
Occupational Safety and Health Act of
1970 (the Act), to promulgate standards
for the safety and health protection of
employees engaged in hazardous waste
operations and emergency response.
Section 126(b) lists 11 employee
protection provisions that the Secretary
of Labor had to include in OSHA’s final
standard. Those provisions require
OSHA to address the preparation of
various written programs, plans and
records; the training of employees; the
monitoring of airborne hazards; the
conduct of medical surveillance; and
the distribution of information to
employees. The provisions also require
the collection of information from
employers engaged in hazardous waste
operations and their emergency
response to such operations. The final
standard covers the provisions
mandated in SARA.
DATES: Comments must be submitted
(postmarked, sent, or received) by
February 17, 2009.
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
using this method, you must submit
three copies of your comments and
attachments to the OSHA Docket Office,
Docket No. OSHA–2008–0049, 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

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docket number (OSHA–2008–0049) for
the Information Collection Request
(ICR). 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 Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney 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 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
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
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 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

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77073

reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
The Standard specifies a number of
collection of information (paperwork)
requirements. Each provision is
described in detail in the Information
Collection Request. Employers can use
the information collected under the
HAZWOPER rule to develop the various
programs the standard requires and to
ensure that their employees are trained
properly about the safety and health
hazards associated with hazardous
waste operations and emergency
response to hazardous waste releases.
OSHA will use the records developed in
response to this Standard to determine
adequate compliance with the
Standard’s safety and health provisions.
The employer’s failure to collect and
distribute the information required in
this standard will affect significantly
OSHA’s effort to control and reduce
injuries and fatalities. Such failure
would also be contrary to the direction
Congress provided in SARA.
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
Standard on Hazardous Waste
Operations and Emergency Response
(HAZWOPER) (29 CFR 1910.120).
OSHA is proposing to decrease the
existing burden hour estimate for the
collection of information requirements
specified by the Standard from
1,235,602 hours to 1,199,205 hours.
This decrease is primarily a result of a
decline in the number of sites to be
remediated. 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.

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Title: Hazardous Waste Operations
and Emergency Response (29 CFR
1910.120).
OMB Number: 1218–0202.
Affected Public: Business or other forprofits; not-for-profit organizations;
Federal Government; State, Local, or
Tribal Government.
Number of Respondents: 34,812.
Frequency of Response: On occasion.
Average Time Per Response: Varies
from one minute (.02 hour) to maintain
a certification record to 24 hours for
initial employee training.
Estimated Total Burden Hours:
1,199,205.
Estimated Cost (Operation and
Maintenance): $3,111,762.
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–2008–0049).
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.

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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’’
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
Thomas M. Stohler, Acting 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, on December 5,
2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E8–30063 Filed 12–17–08; 8:45 am]

74528, in the first column under ‘‘III.
Proposed Actions,’’ correct the line
which reads: OMB Number: 1218–0106
to read: OMB Control Number: 1218–
0196.
Authority and Signature
Thomas M. Stohler, Acting 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, on December
12, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
[FR Doc. E8–30064 Filed 12–17–08; 8:45 am]
BILLING CODE 4510–26–P

DEPARTMENT OF LABOR

BILLING CODE 4510–26–P

Occupational Safety and Health
Administration
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2008–0050]

Longshoring and Marine Terminal
Operations; Extension of the Office of
Management and Budget’s (OMB)
Approval of Information Collection
(Paperwork) Requirements
AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment;
correction.
SUMMARY: The Occupational Safety and
Health Administration (OSHA)
published a document in the Federal
Register on December 8, 2008, soliciting
public comments concerning its
proposal to extend the Office of
Management and Budget’s (OMB)
approval of the information collection
requirements specified in OSHA’s
Standards on Longshoring (29 CFR part
1918) and Marine Terminal Operations
(29 CFR part 1917). The document
contains an incorrect OMB Control
Number.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney, 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.

Correction
In the Federal Register of December 8,
2008 (73 FR 74527–74528), on page

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Maritime Advisory Committee for
Occupational Safety and Health
(MACOSH)
AGENCY: Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: MACOSH membership, notice
of.
SUMMARY: In accordance with the
provisions of the Federal Advisory
Committee Act (FACA), as amended (5
U.S.C., App. 2), and after consultation
with the General Services
Administration, the Secretary of Labor
announced on September 22, 2008, her
intention to re-charter the Maritime
Advisory Committee for Occupational
Safety and Health (MACOSH) as being
in the public interest (73 FR 54624). She
signed the MACOSH charter on
September 23, 2008, which, pursuant to
FACA, will expire after two years on
September 23, 2010. On November 12,
2008, the Secretary of Labor selected
and approved 15 members to serve on
the Committee. The Committee is
diverse and balanced, both in terms of
segments of the maritime industry
represented (e.g., shipyard, longshoring
and marine terminal, and fishing
industries), and in the views or interests
represented by the members. MACOSH
will contribute to OSHA’s performance
of the duties imposed by the
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 651 et seq.).
FOR FURTHER INFORMATION CONTACT: For
general information about MACOSH,
contact: Joseph V. Daddura, Director,

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