Petitions for Modification, 80433-80436 [E8-31121]
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
Department of Labor—ETA, Office of
Management and Budget, Room 10235,
Washington, DC 20503, Telephone:
202–395–7316/Fax: 202–395–6974
(these are not toll-free numbers), e-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the OMB
Control Number (see below).
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: Employment Training
Administration.
Type of Review: Extension without
change of a currently approved
collection.
Title of Collection: O*Net Data
Collection Program.
OMB Control Number: 1205–0421.
Affected Public: Individuals or
Households; State, Local, or Tribal
Governments; Federal Government; and
Private Sector—Businesses or other for
profits, Farms, and Not-for-Profit
institutions.
Total Estimated Number of
Respondents: 28,594.
Total Estimated Annual Burden
Hours: 14,620.
Total Estimated Annual Costs Burden:
$0.
Description: The O*Net Data
Collection Program yields detailed
characteristics of occupations and skills
for over 800 occupations by obtaining
information from job incumbents/
occupational specialists on worker and
job characteristics to populate the
O*Net (Occupational Information
Network) database. The O*Net database
information is used for a wide range of
purposes related to career counseling
and development, curriculum design,
human resources functions and
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workforce investment efforts. The data
collection methodology includes
contacting businesses/associations to
gain their cooperation, and collecting
information from employees of
cooperating businesses/associations as
well as occupational specialists. For
additional information, see related
notice published at Volume 73 FR
28509 on May 16, 2008.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E8–31082 Filed 12–30–08; 8:45 am]
BILLING CODE 4510–30–P
DEPARTMENT OF LABOR
Office of the Secretary
Submission for OMB Review:
Comment Request
December 19, 2008.
The Department of Labor (DOL)
hereby announces the submission of the
following public information collection
request (ICR) to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35).
A copy of this ICR, with applicable
supporting documentation; including
among other things a description of the
likely respondents, proposed frequency
of response, and estimated total burden
may be obtained from the RegInfo.gov
Web site at https://www.reginfo.gov/
public/do/PRAMain or by contacting
Darrin A. King on 202–693–4129 (this is
not a toll-free number)/e-mail:
DOL_PRA_PUBLIC@dol.gov.
Interested parties are encouraged to
send comments to the Office of
Information and Regulatory Affairs,
Attn: OMB Desk Officer for the
Department of Labor—Office of the
Secretary, Office of Management and
Budget, Room 10235, Washington, DC
20503, Telephone: 202–395–7316/Fax:
202–395–6974 (these are not toll-free
numbers), E-mail:
OIRA_submission@omb.eop.gov within
30 days from the date of this publication
in the Federal Register. In order to
ensure the appropriate consideration,
comments should reference the OMB
Control Number (see below).
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
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proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: Office of the Secretary.
Type of Review: Extension without
change of an existing OMB Control
Number.
Title of Collection: Information
Collection Plan for GovBenefits Online.
OMB Control Number: 1290–0003.
Affected Public: Individuals or
Households.
Total Estimated Number of
Respondents: 6,345,715.
Total Estimated Annual Burden
Hours: 571,114.
Total Estimated Annual Costs Burden:
$0.
Description: Visitors to the
GovBenefits Web site answer a series of
questions to the extent necessary for
locating relevant information on Federal
benefits. Responses are used by the
respondent to expedite the
identification and retrieval of sought
after information and resources
pertaining to the benefits sponsored by
the Federal government. For additional
information, see related notice
published at Volume 73 FR 62319 on
October 20, 2008.
Darrin A. King,
Departmental Clearance Officer.
[FR Doc. E8–31083 Filed 12–30–08; 8:45 am]
BILLING CODE 4510–30–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
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Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices
requirements and procedures for filing
petitions for modifications.
mandatory safety standards published
in Title 30 of the Code of Federal
Regulations.
II. Petitions for Modification
All comments on the petitions
must be received by the Office of
Standards, Regulations, and Variances
on or before January 30, 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.
DATES:
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:
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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
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Docket Number: M–2008–049–C.
Petitioner: Knight Hawk Coal, LLC,
7290 County Line Road, Cutler, Illinois
62238.
Mine: Prairie Eagle SOUTH
Underground Mine, MSHA I.D. No. 11–
03205 located in Perry County, Illinois.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance) and 30 CFR 18.35(a)(5)
(Portable trailing cables and cords).
Modification Request: The petitioner
requests a modification of the existing
standard to permit trailing cables
supplying power to permissible
equipment to be increased to the
maximum length for use in continuous
mining sections. The petitioner states
that: (1) This petition will only apply to
trailing cables supplying three-phase,
995-volt power to continuous mining
machines and trailing cables supplying
three-phase, 480-volt power to roof
bolters; (2) the maximum length of the
995-volt continuous mining machine
trailing cables will be 950 feet and the
maximum length of the 480-volt trailing
cables for roof bolters will be 900 feet;
(3) the 995-volt continuous mining
machine trailing cables will not be
smaller than 2/0 and the 480-volt
trailing cables for roof bolters will not
be smaller than #2 American Wire
Gauge (AWG); (4) all circuits breakers
used to protect 2/0 trailing cables
exceeding 850 feet in length will have
instantaneous trip units calibrated to
trip at 1,500 amperes; (5) the trip
settings of the circuit breakers will be
sealed or locked and will have
permanent legible labels; and (6) each
label will identify the circuit breaker as
being suitable for protecting 2/0 cables
and the label will be maintained legible.
Persons may review a complete
description of petitioner’s alternative
method and procedures at the MSHA
address listed in this notice. The
petitioner asserts that the proposed
alternative method will at all times
guarantee no less than the same measure
of protection to all miners at the Prairie
Eagle SOUTH Underground Mine as
would be provided by the mandatory
standard.
Docket Number: M–2008–050–C.
Petitioner: River View Coal, LLC, 835
St., Route 1179, Waverley, Kentucky
42462.
Mine: River View, MSHA I.D. No. 15–
03178, located in Union County,
Kentucky.
Regulation Affected: 30 CFR 75.1700
(Oil and gas wells).
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Modification Request: The petitioner
requests an alternative method of
compliance for leaving barrier pillars
around oil and gas wells. The petitioner
proposes to mine through oil and gas
wells in all mineable coalbeds. The
petitioner states that: (1) A safety barrier
of 300 feet in diameter (150 feet between
any mined area and a well) will be
maintained around all oil and gas wells
until approval to proceed with mining
has been obtained from the District
Manager; (2) the minimum safety barrier
approved by the District Manager
between any mined area and a well will
be 70 feet in diameter for an abandoned
well, and 100 feet in diameter for an
operational well based on the geological
nature of the strata and the functionality
of the well as found in the mine area;
and (3) consummate to the well being
located on the surface using high
resolution Global Positioning System
(GPS), and being tied to the
underground traverse with accuracy no
less than 1:30,000. Persons may review
a complete description of petitioner’s
alternative method and procedures at
the MSHA address listed in this notice.
The petitioner asserts that the proposed
alternative method will provide a
measure of protection to all miners
greater than that of the existing
standard.
Docket Number: M–2008–051–C.
Petitioner: River View Coal, LLC, 835
St. Rt. 1179, Waverly, Kentucky 42462.
Mine: River View Mine, MSHA I.D.
No. 15–03178 located in Union County,
Kentucky.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance) and 30 CFR 18.35
(Portable trailing cables and cords).
Modification Request: The petitioner
requests a modification of the existing
standard which requires the operator of
each coal mine to maintain in
permissible condition all electric face
equipment required by 30 CFR 75.500,
75.501, and 75.504 to be permissible
when taken into or used inby the last
open crosscut of any such mine. The
petitioner proposes to increase the
maximum length of trailing cables
supplying power to permissible
equipment used in continuous mining
sections by using the following
methods: (1) The petition will apply
only to trailing cables supplying threephase, 995-volt power to continuous
mining machines and to trailing cables
supplying three-phase 480-volt power to
roof bolters; (2) the maximum length of
the 995-volt continuous mining
machine trailing cables will be 950 feet
and the maximum length of the 480-volt
trailing cables for roof bolters will be
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900 feet; (3) the 995-volt continuous
mining machine trailing cables will not
be smaller than 2/0 and the 480-volt
trailing cables for roof bolters will not
be smaller than #2 American Wire
Gauge (AWG); (4) all circuits breakers
used to protect 2/0 trailing cables
exceeding 850 feet in length will have
an instantaneous trip unit calibrated to
trip at 1,500 amperes; (5) the trip setting
of the circuit breakers will be sealed or
locked and will have permanent legible
labels; and (6) each label will identify
the circuit breaker as being suitable for
protecting 2/0 cables and the label will
be maintained legible. Persons may
review a complete description of
petitioner’s alternative method and
procedures at the MSHA address listed
in this notice. The petitioner asserts that
the proposed alternative method will at
all times guarantee no less than the
same measure of protection to all miners
at the River View Mine as would be
provided by the existing standard.
Docket Number: M–2008–052–C.
Petitioner: Consolidation Coal
Company, 1000 CONSOL Energy Drive,
Canonsburg, Pennsylvania 15317.
Mine: Blacksville No. 2 Mine, MSHA
I.D. No. 46–01968, located in
Monongalia County, West Virginia.
Regulation Affected: 30 CFR 75.1700
(Oil and gas wells).
Modification Request: The petitioner
requests a modification of the existing
standard that requires the operator to
establish and maintain barriers around
its oil and gas wells. The petitioner
proposes to seal the Pittsburgh Coal
Seam from the surrounding strata at the
affected wells by using technology
developed through a successful wellplugging program. The petitioner states
that since the inception of the wellplugging program, more than 550
previously abandoned oil and gas wells
have been effectively plugged and more
than 475 gas and/or petroleum wells
have been successfully mined through
or around. Persons may review a
complete description of petitioner’s
alternative method and procedures at
the MSHA address listed in this notice.
The petitioner asserts that the proposed
alternative method will provide no less
than the same measure of protection to
all miners at the Blacksville No. 2 Mine
as would be provided by the existing
standard.
Docket Number: M–2008–053–C.
Petitioner: Heidtman Mining, LLC,
P.O. Box 312, 6451 Happy Valley Road,
Hartford, Arkansas 72938.
Mine: Sebastian County Coal Mine,
MSHA I.D. No. 03–01736, located in
Sebastian County, Arkansas.
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Regulation Affected: 30 CFR 75.1700
(Oil and gas wells).
Modification Request: The petitioner
requests a modification of the existing
standard that requires the operator to
establish and maintain barriers around
its oil and gas wells that should not be
less than 300 feet in diameter. The
petitioner states that: (1) This petition is
based on the premise that reducing
methane in a coal seam prior to mining
provides a better and safer environment
for miners; (2) it sets forth procedures
whereby the petitioner and the miners
will have all the advantages of coal
degasification procedures and be able to
safely approach and decommission each
pinnate (drill hole) drilled for
degasification when such pinnate lies
ahead of mining in progress; (3) the
essence of the procedures is to put the
entire well system under substantial
negative pressure in advance of each
intersection to increase the flow of gas
from the well, continue the increased
level of gas production under vacuum at
essentially a constant level, and
continually monitor on the surface; (4)
the procedure maintains the negative
pressure on the well system during the
approach to, and intersection with, the
pinnate to provide significant safety
advantages; (5) the negative pressure
will provide a further method of
diluting and carrying gas away from the
face at the point of intersection, and
complements and enhances the gas
removal effects of ventilation that
sweeps the face; (6) the negative
pressure can also serve to drain away a
degree of gas concentrations that might
otherwise be liberated through latent
feeders or bleeders in the seam; (7) the
monitoring will be conducted by trained
CDX Gas, LLC observers who will
specifically look for a significant
increase in oxygen, and maintain open
telephone communications with the
mine to immediately notify the mine of
a change in the gas concentrations; (8)
when readings on surface monitoring
equipment show that the well system
under vacuum is producing oxygen, this
signals the introduction of mine
atmosphere entering the pinnate due to
the vacuum effect at the point of
intersection; and (9) as soon as the
intersection is detected, the mine will
be alerted by the surface observers via
the open communications line, mining
will be brought to a halt in the affected
entry and procedures will be initiated to
insert a plug to isolate and
decommission the intersection pinnate.
The petitioner further states that the
procedures employed, including CDX
Gas, LLC’s role are set out in the
existing approved ventilation plan.
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Persons may review a complete
description of petitioner’s alternative
method and procedures at the MSHA
address listed in this notice. The
petitioner asserts that the alternative
method set forth in this petition
improves the overall safety of the
miners and fully addresses all concerns
of the existing standard.
Docket Number: M–2008–005–M.
Petitioner: Lafarge North America,
Inc., 1801 California Street, Suite 4900,
Denver, Colorado 80202.
Mine: Davenport Plant Mine, MSHA
I.D. No. 13–00125, located in Scott
County, Iowa.
Regulation Affected: 30 CFR 56.15005
(Safety belts and lines).
Modification Request: The petitioner
requests an alternative method of
compliance of the existing standard
which requires safety belts and lines to
be worn when persons work where
there is a danger of falling insofar as it
applies to the barge unloading area at its
Davenport Cement Plant. The petitioner
states that: (1) Because of the unique
nature of the layout of the barge
unloading area and the operations
conducted there, construction of a
structure necessary to allow for proper
fall protection would create serious
additional hazards during construction
and would also create significant
additional hazards during operations;
(2) the hazards associated with
operations conducted with proper
protection against falls into water would
result only in hazards associated with
prolonged stays in potential cold water;
and (3) the measures proposed would
alleviate those hazards, resulting in a
workplace with safeguards additional to
those already in place while avoiding
the creation of hazards associated with
a fall protection structure. The proposed
measures are as follows: (a) New wider
tires will be substituted as bumpers to
the dock, creating greater clearance such
that there will be no danger of anyone
hitting the barge on the way down or
being crushed or injured by the
movement of the barge should they fall;
(b) rope or chain ladders as well as
ladder attachment points will be
installed and provided; (c) lifesaving
rings will be provided in the event of a
man overboard; (d) water rescue
equipment will be maintained and
ready for use in the dock area at all
times; and (e) each employee working
near the water will receive specialized
hazard awareness training. The
petitioner states that permitting life
jackets or belts pursuant to 30 CFR
56.15020 in addition to the proposed
measures will provide equal or greater
protection than requiring the use of a
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fall protection system. Persons may
review a complete description of
petitioner’s alternative method and
procedures at the MSHA address listed
in this notice. The petitioner asserts that
application of the existing standard will
result in a diminution of safety to the
miners and the proposed alternative
method will at all times provide no less
than the same measure of protection
afforded the miners of such mine by
such standard.
Dated: December 23, 2008.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. E8–31121 Filed 12–30–08; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Records Schedules; Availability and
Request for Comments
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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 January
30, 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
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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:
Mail: NARA (NWML), 8601 Adelphi
Road, College Park, MD 20740–6001.
E-mail: request.schedule@nara.gov.
FAX: 301–837–3698.
Requesters must cite the control
number, which appears in parentheses
after the name of the agency which
submitted the schedule, and must
provide a mailing address. Those who
desire appraisal reports should so
indicate in their request.
FOR FURTHER INFORMATION CONTACT:
Laurence Brewer, Director, Life Cycle
Management Division (NWML),
National Archives and Records
Administration, 8601 Adelphi Road,
College Park, MD 20740–6001.
Telephone: 301–837–1539. E-mail:
records.mgt@nara.gov.
SUPPLEMENTARY INFORMATION: Each year
Federal agencies create billions of
records on paper, film, magnetic tape,
and other media. To control this
accumulation, agency records managers
prepare schedules proposing retention
periods for records and submit these
schedules for NARA’s approval, using
the Standard Form (SF) 115, Request for
Records Disposition Authority. These
schedules provide for the timely transfer
into the National Archives of
historically valuable records and
authorize the disposal of all other
records after the agency no longer needs
them to conduct its business. Some
schedules are comprehensive and cover
all the records of an agency or one of its
major subdivisions. Most schedules,
however, cover records of only one
office or program or a few series of
records. Many of these update
previously approved schedules, and
some include records proposed as
permanent.
The schedules listed in this notice are
media neutral unless specified
otherwise. An item in a schedule is
media neutral when the disposition
instructions may be applied to records
regardless of the medium in which the
records are created and maintained.
Items included in schedules submitted
to NARA on or after December 17, 2007,
are media neutral unless the item is
limited to a specific medium. (See 36
CFR 1228.24(b)(3).)
No Federal records are authorized for
destruction without the approval of the
Archivist of the United States. This
approval is granted only after a
thorough consideration of their
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administrative use by the agency of
origin, the rights of the Government and
of private persons directly affected by
the Government’s activities, and
whether or not they have historical or
other value.
Besides identifying the Federal
agencies and any subdivisions
requesting disposition authority, this
public notice lists the organizational
unit(s) accumulating the records or
indicates agency-wide applicability in
the case of schedules that cover records
that may be accumulated throughout an
agency. This notice provides the control
number assigned to each schedule, the
total number of schedule items, and the
number of temporary items (the records
proposed for destruction). It also
includes a brief description of the
temporary records. The records
schedule itself contains a full
description of the records at the file unit
level as well as their disposition. If
NARA staff has prepared an appraisal
memorandum for the schedule, it too
includes information about the records.
Further information about the
disposition process is available on
request.
Schedules Pending
1. Department of Agriculture, Risk
Management Agency (N1–258–08–6, 2
items, 2 temporary items). Reinsurance
agreements, final reinsurance
agreements, standard reinsurance
agreement negotiations records and
other files pertaining to crop insurance
policies sold or reinsured to private
insurance companies.
2. Department of Agriculture, Risk
Management Agency (N1–258–08–11, 1
item, 1 temporary item). Statements of
work, invoices, solicitations, proposals,
task orders, deliverables, and other
records relating to pilot programs used
to test and evaluate new crop insurance
products.
3. Department of Agriculture, Risk
Management Agency (N1–258–08–15, 1
item, 1 temporary item). Records
relating to agreements that pertain to
providing or obtaining support services.
4. Department of Agriculture, Risk
Management Agency (N1–258–08–16, 1
item, 1 temporary item). Records
relating to delegations of authority.
5. Department of Agriculture, Risk
Management Agency (N1–258–08–19, 1
item, 1 temporary item). Records
relating to accounting systems. Records
pertain to such subjects as systems
approved by the Government
Accountability Office, management
advisory services for financial systems,
monitoring system development
processes, and accounting system
regulations.
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]]>Agencies
[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80433-80436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31121]
-----------------------------------------------------------------------
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.
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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
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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 January 30, 2009.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: Standards-Petitions@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 modifications.
II. Petitions for Modification
Docket Number: M-2008-049-C.
Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler,
Illinois 62238.
Mine: Prairie Eagle SOUTH Underground Mine, MSHA I.D. No. 11-03205
located in Perry County, Illinois.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35(a)(5) (Portable trailing
cables and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit trailing cables supplying power to
permissible equipment to be increased to the maximum length for use in
continuous mining sections. The petitioner states that: (1) This
petition will only apply to trailing cables supplying three-phase, 995-
volt power to continuous mining machines and trailing cables supplying
three-phase, 480-volt power to roof bolters; (2) the maximum length of
the 995-volt continuous mining machine trailing cables will be 950 feet
and the maximum length of the 480-volt trailing cables for roof bolters
will be 900 feet; (3) the 995-volt continuous mining machine trailing
cables will not be smaller than 2/0 and the 480-volt trailing cables
for roof bolters will not be smaller than 2 American Wire
Gauge (AWG); (4) all circuits breakers used to protect 2/0 trailing
cables exceeding 850 feet in length will have instantaneous trip units
calibrated to trip at 1,500 amperes; (5) the trip settings of the
circuit breakers will be sealed or locked and will have permanent
legible labels; and (6) each label will identify the circuit breaker as
being suitable for protecting 2/0 cables and the label will be
maintained legible. Persons may review a complete description of
petitioner's alternative method and procedures at the MSHA address
listed in this notice. The petitioner asserts that the proposed
alternative method will at all times guarantee no less than the same
measure of protection to all miners at the Prairie Eagle SOUTH
Underground Mine as would be provided by the mandatory standard.
Docket Number: M-2008-050-C.
Petitioner: River View Coal, LLC, 835 St., Route 1179, Waverley,
Kentucky 42462.
Mine: River View, MSHA I.D. No. 15-03178, located in Union County,
Kentucky.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests an alternative method
of compliance for leaving barrier pillars around oil and gas wells. The
petitioner proposes to mine through oil and gas wells in all mineable
coalbeds. The petitioner states that: (1) A safety barrier of 300 feet
in diameter (150 feet between any mined area and a well) will be
maintained around all oil and gas wells until approval to proceed with
mining has been obtained from the District Manager; (2) the minimum
safety barrier approved by the District Manager between any mined area
and a well will be 70 feet in diameter for an abandoned well, and 100
feet in diameter for an operational well based on the geological nature
of the strata and the functionality of the well as found in the mine
area; and (3) consummate to the well being located on the surface using
high resolution Global Positioning System (GPS), and being tied to the
underground traverse with accuracy no less than 1:30,000. Persons may
review a complete description of petitioner's alternative method and
procedures at the MSHA address listed in this notice. The petitioner
asserts that the proposed alternative method will provide a measure of
protection to all miners greater than that of the existing standard.
Docket Number: M-2008-051-C.
Petitioner: River View Coal, LLC, 835 St. Rt. 1179, Waverly,
Kentucky 42462.
Mine: River View Mine, MSHA I.D. No. 15-03178 located in Union
County, Kentucky.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and
cords).
Modification Request: The petitioner requests a modification of the
existing standard which requires the operator of each coal mine to
maintain in permissible condition all electric face equipment required
by 30 CFR 75.500, 75.501, and 75.504 to be permissible when taken into
or used inby the last open crosscut of any such mine. The petitioner
proposes to increase the maximum length of trailing cables supplying
power to permissible equipment used in continuous mining sections by
using the following methods: (1) The petition will apply only to
trailing cables supplying three-phase, 995-volt power to continuous
mining machines and to trailing cables supplying three-phase 480-volt
power to roof bolters; (2) the maximum length of the 995-volt
continuous mining machine trailing cables will be 950 feet and the
maximum length of the 480-volt trailing cables for roof bolters will be
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900 feet; (3) the 995-volt continuous mining machine trailing cables
will not be smaller than 2/0 and the 480-volt trailing cables for roof
bolters will not be smaller than 2 American Wire Gauge (AWG);
(4) all circuits breakers used to protect 2/0 trailing cables exceeding
850 feet in length will have an instantaneous trip unit calibrated to
trip at 1,500 amperes; (5) the trip setting of the circuit breakers
will be sealed or locked and will have permanent legible labels; and
(6) each label will identify the circuit breaker as being suitable for
protecting 2/0 cables and the label will be maintained legible. Persons
may review a complete description of petitioner's alternative method
and procedures at the MSHA address listed in this notice. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection to all
miners at the River View Mine as would be provided by the existing
standard.
Docket Number: M-2008-052-C.
Petitioner: Consolidation Coal Company, 1000 CONSOL Energy Drive,
Canonsburg, Pennsylvania 15317.
Mine: Blacksville No. 2 Mine, MSHA I.D. No. 46-01968, located in
Monongalia County, West Virginia.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard that requires the operator to establish and maintain
barriers around its oil and gas wells. The petitioner proposes to seal
the Pittsburgh Coal Seam from the surrounding strata at the affected
wells by using technology developed through a successful well-plugging
program. The petitioner states that since the inception of the well-
plugging program, more than 550 previously abandoned oil and gas wells
have been effectively plugged and more than 475 gas and/or petroleum
wells have been successfully mined through or around. Persons may
review a complete description of petitioner's alternative method and
procedures at the MSHA address listed in this notice. The petitioner
asserts that the proposed alternative method will provide no less than
the same measure of protection to all miners at the Blacksville No. 2
Mine as would be provided by the existing standard.
Docket Number: M-2008-053-C.
Petitioner: Heidtman Mining, LLC, P.O. Box 312, 6451 Happy Valley
Road, Hartford, Arkansas 72938.
Mine: Sebastian County Coal Mine, MSHA I.D. No. 03-01736, located
in Sebastian County, Arkansas.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard that requires the operator to establish and maintain
barriers around its oil and gas wells that should not be less than 300
feet in diameter. The petitioner states that: (1) This petition is
based on the premise that reducing methane in a coal seam prior to
mining provides a better and safer environment for miners; (2) it sets
forth procedures whereby the petitioner and the miners will have all
the advantages of coal degasification procedures and be able to safely
approach and decommission each pinnate (drill hole) drilled for
degasification when such pinnate lies ahead of mining in progress; (3)
the essence of the procedures is to put the entire well system under
substantial negative pressure in advance of each intersection to
increase the flow of gas from the well, continue the increased level of
gas production under vacuum at essentially a constant level, and
continually monitor on the surface; (4) the procedure maintains the
negative pressure on the well system during the approach to, and
intersection with, the pinnate to provide significant safety
advantages; (5) the negative pressure will provide a further method of
diluting and carrying gas away from the face at the point of
intersection, and complements and enhances the gas removal effects of
ventilation that sweeps the face; (6) the negative pressure can also
serve to drain away a degree of gas concentrations that might otherwise
be liberated through latent feeders or bleeders in the seam; (7) the
monitoring will be conducted by trained CDX Gas, LLC observers who will
specifically look for a significant increase in oxygen, and maintain
open telephone communications with the mine to immediately notify the
mine of a change in the gas concentrations; (8) when readings on
surface monitoring equipment show that the well system under vacuum is
producing oxygen, this signals the introduction of mine atmosphere
entering the pinnate due to the vacuum effect at the point of
intersection; and (9) as soon as the intersection is detected, the mine
will be alerted by the surface observers via the open communications
line, mining will be brought to a halt in the affected entry and
procedures will be initiated to insert a plug to isolate and
decommission the intersection pinnate. The petitioner further states
that the procedures employed, including CDX Gas, LLC's role are set out
in the existing approved ventilation plan. Persons may review a
complete description of petitioner's alternative method and procedures
at the MSHA address listed in this notice. The petitioner asserts that
the alternative method set forth in this petition improves the overall
safety of the miners and fully addresses all concerns of the existing
standard.
Docket Number: M-2008-005-M.
Petitioner: Lafarge North America, Inc., 1801 California Street,
Suite 4900, Denver, Colorado 80202.
Mine: Davenport Plant Mine, MSHA I.D. No. 13-00125, located in
Scott County, Iowa.
Regulation Affected: 30 CFR 56.15005 (Safety belts and lines).
Modification Request: The petitioner requests an alternative method
of compliance of the existing standard which requires safety belts and
lines to be worn when persons work where there is a danger of falling
insofar as it applies to the barge unloading area at its Davenport
Cement Plant. The petitioner states that: (1) Because of the unique
nature of the layout of the barge unloading area and the operations
conducted there, construction of a structure necessary to allow for
proper fall protection would create serious additional hazards during
construction and would also create significant additional hazards
during operations; (2) the hazards associated with operations conducted
with proper protection against falls into water would result only in
hazards associated with prolonged stays in potential cold water; and
(3) the measures proposed would alleviate those hazards, resulting in a
workplace with safeguards additional to those already in place while
avoiding the creation of hazards associated with a fall protection
structure. The proposed measures are as follows: (a) New wider tires
will be substituted as bumpers to the dock, creating greater clearance
such that there will be no danger of anyone hitting the barge on the
way down or being crushed or injured by the movement of the barge
should they fall; (b) rope or chain ladders as well as ladder
attachment points will be installed and provided; (c) lifesaving rings
will be provided in the event of a man overboard; (d) water rescue
equipment will be maintained and ready for use in the dock area at all
times; and (e) each employee working near the water will receive
specialized hazard awareness training. The petitioner states that
permitting life jackets or belts pursuant to 30 CFR 56.15020 in
addition to the proposed measures will provide equal or greater
protection than requiring the use of a
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fall protection system. Persons may review a complete description of
petitioner's alternative method and procedures at the MSHA address
listed in this notice. The petitioner asserts that application of the
existing standard will result in a diminution of safety to the miners
and the proposed alternative method will at all times provide no less
than the same measure of protection afforded the miners of such mine by
such standard.
Dated: December 23, 2008.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-31121 Filed 12-30-08; 8:45 am]
BILLING CODE 4510-43-P
