Mine Safety and Health Administration (MSHA) - FedReg Doc. 07-6128 - 30 CFR Part 75 - Sealing of Abandoned
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Federal Register/Vol. 72, No. 243/Wednesday, December 19, 2007/Rules and Regulations 71791 (2) Those statements of policy and nonstandard documents, will be the the comment period for the Emergency interpretations which have been actual direct cost incurred by the Temporary Standard (ETS) on sealing of adopted by the agency and are not Commission. For copies prepared by abandoned areas of underground coal published in the Federal Register; computer, such as tapes or printouts, mines to provide commenters time to (3) Administrative staff manuals and the Commission shall charge the actual review and submit comments on the instructions to staff that affect a member cost, including operator time, of U.S. Army Corps of Engineers’ Draft of the public; production of the tape or printout. For Report ‘‘CFD [Computational Fluid (4) Copies of all records, regardless of other methods of reproduction or Dynamics] Study and Structural form or format, which have been duplication, the Commission will Analysis of the Sago Mine Accident’’ released to any person under this charge the actual direct costs of (Report). subpart and which, because of the producing the document(s). If DATES: All comments on the ETS nature of their subject matter, the duplication charges are likely to exceed published at 72 FR 28796, May 22, Commission has determined have $50, the requester shall be notified of 2007, and other appropriate data must become or are likely to become the the estimated ...
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Federal Register/ Vol.72, No. 243/ Wednesday,December 19, 2007/ Rulesand Regulations
71791
(2) Those statements of policy andnonstandard documents, will be thethe comment period for the Emergency interpretations which have beenactual direct cost incurred by theTemporary Standard (ETS) on sealing of adopted by the agency and are notCommission. For copies prepared byabandoned areas of underground coal published in theFederal Registermines to provide commenters time to; computer,such as tapes or printouts, (3) Administrative staff manuals andthe Commission shall charge the actualreview and submit comments on the instructions to staff that affect a member cost, including operator time, ofU.S. Army Corps of Engineers’ Draft of the public; production of the tape or printout. ForReport ‘‘CFD [Computational Fluid (4) Copies of all records, regardless of other methods of reproduction orDynamics] Study and Structural form or format, which have been duplication, the Commission willAnalysis of the Sago Mine Accident’’ released to any person under this charge the actual direct costs of(Report). subpart and which, because of the producing the document(s). If DATES:All comments on the ETS nature of their subject matter, the duplication charges are likely to exceed published at 72 FR 28796, May 22, Commission has determined have $50, the requester shall be notified of 2007, and other appropriate data must become or are likely to become the the estimated amount of fees, unless the be received by midnight, January 18, subject of subsequent requests for requester has indicated in advance his 2008, Eastern Standard Time. MSHA substantially the same records; and willingness to pay fees as high as those will hold a public hearing on January (5) A general index of records referred anticipated. 15, 2008. Details about the public to under this paragraph (a). ■6. In § 2702.7, revise paragraph (a) and hearing are addressed in the (b)E–FOIA Reading Room.Materials paragraph (b)(2) to read as follows: SUPPLEMENTARY INFORMATIONsection of created on or after November 1, 1996, this document. under paragraphs (a)(1) through (5) of§fees; waiver or reduction of2702.7 No fees. this section may also be accessedADDRESSES:Comments must be clearly electronically through the Commission’s (a)identified and may be submitted by anyNo fees shall be charged to any Web site athttp://www.fmshrc.gov.requester, including commercial useof the following methods: requesters, if the anticipated cost of1.Federal Rulemaking Portal: http:// ■5. Revise§2702.6 to read as follows: processing and collecting the fee wouldwww.regulations.gov.Follow the §schedule.2702.6 Fee be equal or greater than the fee itself.instructions for submitting comments. (a)Search fee.2.The fee for searchingElectronic mail: zzMSHA Accordingly, the Commission has for information and records shall be theComments@dol.gov.Include ‘‘RIN determined that fees of less than $20 salary rate (that is, basic pay plus 16%)1219–AB52’’ in the subject line of the shall be waived. of the employee making the search. This(b) ** *message. hourly rate is listed on the(2) The Chief FOIA Officer, upon3.Telefax:(202) 693–9441. Include Commission’s Web site athttp://‘‘RIN 1219–AB52’’ in the subject.request, shall determine whether a 4.Regular Mail:MSHA, Office of www.fmshrc.gov.waiver or reduction of fees is warranted.Fees for searches of Standards, Regulations, and Variances, computerized records shall be the actualRequests shall be made concurrently 1100 Wilson Blvd., Room 2350, cost to the Commission, but shall notwith requests for information under Arlington, Virginia 22209–3939. exceed $300 per hour. This fee includes§ 2702.3. In accordance with the 5.Hand Delivery or Courier:MSHA, machine time and that of the operatorprocedures set forth in § 2702.3, appeals Office of Standards, Regulations, and and clerical personnel. If search chargesof adverse decisions may be made to the Variances, 1100 Wilson Blvd., Room are likely to exceed $50, the requesterCommission within 5 working days. 2350, Arlington, Virginia 22209–3939. shall be notified of the estimatedDetermination of appeals will be made Sign in at the receptionist’s desk on the amount of fees, unless the requester hasby the Commission within 10 working 21st floor. indicated in advance his willingness todays of receipt. 6.Docket:Comments can be accessed pay fees as high as those anticipated. Dated: December 14, 2007. electronically athttp://www.msha.gov Fees may be charged even if the Michael F. Duffy, under the ‘‘Rules and Regs’’ link. MSHA documents are not located or if they are Chairman, Federal Mine Safety and Health will post all comments on the Internet located but withheld on the basis of an Review Commission. without change, including any personal exemption. [FR Doc. E7–24599 Filed 12–18–07; 8:45 am] information provided. Comments may (b)Review fee.The review fee shall be BILLING CODE 6735–01–P also be reviewed at the Office of charged for the Chief FOIA Officer’s Standards, Regulations, and Variances, initial examination of documents 1100 Wilson Blvd., Room 2350, located in response to a request in order DEPARTMENT OF LABOR Arlington, Virginia. Sign in at the to determine if they may be withheld receptionist’s desk on the 21st floor. from disclosure, and for the deletion of Mine Safety and Health Administration MSHA maintains a listserve that portions that are exempt from enables subscribers to receive e-mail disclosure, but shall not be charged for 30 CFR Part 75 notification when rulemaking review by the Chairman or the RIN 1219–AB52documents are published in theFederal Commissioners. See§2702.3. The Register. To subscribe to the listserve, review fee is the salary rate (that is, Sealing of Abandoned Areas go tohttp://www.msha.gov/ basic pay plus 16%) of the Chief FOIA subscriptions/subscribe.aspx. Officer or the employee designated to AGENCY:Mine Safety and Health FOR FURTHER INFORMATION CONTACT: perform the review. This hourly rate is Administration, Labor. listed on the Commission’Patricia W. Silvey, Director, Office ofs Web site at ACTION:Final rule; limited reopening of http://www.fmshrc.gov.Standards, Regulations, and Variances, comment period; availability; notice of (c)Duplicating fee.MSHA, 1100 Wilson Boulevard, RoomThe copy fee for public hearing; close of comment 1 each page of paper up to 8∕2″ ×14″Arlington, Virginia 22209–3939.shall 2350, period. be $.15 per copy per page. Any privateMs. Silvey can be reached at sector services required, including theSUMMARY:The Mine Safety and HealthSilvey.Patricia@dol.gov(Internet E-fee for copying photographs andAdministration (MSHA) is reopeningmail), (202) 693–9440 (voice), or (202)
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71792Federal Registerand Regulations/ RulesDecember 19, 2007/ Wednesday,72, No. 243/ Vol.
693–available on the Internet at:9441 (facsimile). This notice is(Technical Support) by the U.S. Armyhttp:// available on the Internet athttp://Corps of Engineers (USACE). Thewww.msha.gov/CFDSagoReport.pdf. www.msha.gov/REGSINFO.HTM.This notice allows commentersUSACE conducted research and testing from August 2006 to April 2007. Thesufficient time to review the Report and SUPPLEMENTARY INFORMATION: USACE provided a draft of the Report ofsubmit comments. All comments and I. Background their findings to Technical Support inother appropriate data must be received MSHA issued an EmergencyMay of 2007. The Report details theby midnight, January 18, 2008, Eastern Temporary Standard (ETS) on May 22,USACE’s efforts to mathematicallyStandard Time. 2007, (72 FR 28796), and extended themodel the methane explosion at the II. Public Hearing comment period to September 17, 2007.Sago Mine and potentially establish the MSHA is seeking additional publicseal overpressures. The Report was notIn addition to accepting written comment on the Report. The Reportfinalized. comments,MSHA will hold a public summarizes the preliminary results of aMSHA is expressly limitinghearing on the Report. The hearing will study performed under contract (MSHAcomments to those which address thebegin at 9 a.m. and will end after the last NO 1A–AR 6000012) for MSHA’speaker speaks, on the following dates Reportas it relates to the regulatory Technical Support Directorateprovisions in the ETS. The Report isand location: Date LocationPhone January 15, 2008 ..Mine Safety and Health Administration, 1100 Wilson Blvd., 25th Floor, Conference Room, Arlington, Vir202–693–9440 ginia 22209.
Dated: December 17, 2007. Requests to speak should be made atdue to legal constraints. This rule least 5 days prior to the hearing date.Richard E. Stickler,adopts the rule as published. Requests to speak may be made byAssistant Secretary for Mine Safety and See 20 U.S.C. 927(c) (concerning telephone (202–693–9440), facsimileHealth. DoDDS) and 10 U.S.C. 2164(f) (202–693–9441), or mail (MSHA, Office[FR Doc. 07–6128 Filed 12–17–07; 2:31 pm] (concerning DDESS). This final rule of Standards, Regulations, andBILLING CODE 4510–43–P updates and amends the DoD Variances, 1100 Wilson Boulevard, implementation of the IDEA within the Room 2350, Arlington, Virginia 22209–DoD school systems, as follows: 3939). Any unallocated time at the end Requires the DoD Education Activity to DEPARTMENT OF DEFENSE of the hearing will be made available to report annually on the rate special persons making sameday requests to education students (a) participate in Office of the Secretary speak. systemwide or alternative testing, (b) The hearing will begin with an[DOD–2007–OS–0117; RIN 0790–AH70]are disciplined, (c) are suspended, or (d) opening statement from MSHA,are expelled; and requires the DoD 32 CFR Part 57 followed by an opportunity for membersEducation Activity to compare these of the public to make oral presentationsrates with students who are not Provision of Early Intervention and to the hearing panel. Speakers will bedisabled; clarifies requirements for three Special Education Services to Eligible assigned in the order in which theiryear reevaluation of special education DoD Dependents requests are received. Speakers andstudents; requires individualized attendees may present writteneducation programs (IEPs) to consider AGENCY:Department of Defense. information or other articles to thespecial circumstances in the IEP; ACTION:Final rule. MSHA panel for inclusion in thestrengthens the requirement for the rulemaking record.school system notice to parents about SUMMARY:The Department of Defense change of placement or refusal for (DoD) school systems [DoD Dependents The hearing will be conducted in an change of placement; strengthens the Schools (DoDDS) and the Defense informal manner. Formal rules of protections for students with a disability Dependents Elementary and Secondary evidence and cross examination will not when facing disciplinary action that Schools (DDESS)] are required by law to apply. The presiding official may limit might result in suspension or expulsion; provide services and safeguards to presentations and exclude irrelevant or requires the schools to provide special children with disabilities consistent unduly repetitious material and education in an interim alternative with the‘‘Individuals With Disabilities questions to ensure the orderly progress educational setting for special education Education Act’’(IDEA). This will bring of the hearing. The hearing panelists students who have been suspended or the DoDDS and DDESS under a single may ask questions of speakers. Speakers expelled from school; strengthens rule codified at 32 CFR part 57. The rule and other attendees may present written requirements for documenting integrates previous DoD policy information to the MSHA panel for behavioral intervention when memoranda. inclusion in the rulemaking record. disciplining special education students; DATES MSHA will make the transcript:Effective Date:This rule is clarifies the students who must be available and will also post theeffective December 19, 2007. treated as students with a disability transcript of the hearing on MSHA’sFOR FURTHER INFORMATION CONTACT: Dr. when considering disciplinary action Web site athttp://www.msha.gov, and Rebecca Posante, 703–602–4949 x114. that may result in suspension or include it in the rulemaking record. SUPPLEMENTARY INFORMATION:expulsion; allows the use ofOn June MSHA will accept comments and data10, 2004 (69 FR 32662), the Departmentparaprofessionals and assistants (e.g., for the record from any interested party,of Defense published an interim finalCertified Occupational Therapy including those not presenting oralrule. No comments were received. TheAssistants, Physical Therapy Assistants) statements at the hearing.final rule had not been published soonerto assist in the provision of early
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