Petitions for Modification, 42598-42601 [E8-16669]
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42598
Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
will make it possible to compare the
outcomes of the three ITA approaches
and evaluate their cost-effectiveness at
three to five years after random
assignment. These comparisons will be
based on the experiences and outcomes
of ITA customers, such as participation
in education and training, employment
and earnings, and participation in
government support programs. These
comparisons will yield estimates of the
relative impacts of different ITA
approaches on key outcomes in the
long-term.
To compare the three ITA approaches,
administrative and survey data to
compute summary statistics, such as
means, separately for each ITA
approach will be used. For example, the
percentage of ITA customers served by
each approach that received trainingrelated services will be computed and
compared to how much training they
received. This percentage will be
compared across approaches to
determine whether the different
approaches vary in the amount and type
of training that customers completed.
The evaluation findings can provide
local workforce investment boards with
guidance on possible modifications to
their ITA programs. The goal of the
experiment is to determine the relative
long-term impacts and cost-effectiveness
of different approaches to administering
ITAs. The updated data collected from
states and the second participant follow-
up survey will provide critical
information to make those assessments.
The planned data collection efforts are
therefore essential to evaluating the
different ITA approaches tested in the
experiment.
II. Review Focus
Data will be collected from study
participants only once. The survey will
provide the only source of long-term
data for ITA customers at the six
grantees on the following outcomes:
• Participation in education and
training programs;
• Job search behavior after random
assignment;
• Characteristics of post-training jobs;
and
• Participation in government
programs, including UI.
Therefore, if this second follow-up
survey were not conducted, the
evaluation would be unable to assess
the impacts of different ITA approaches
on these outcomes in the long-term.
The Department of Labor 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
Total
respondents
Cite/Reference
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 submissions
of responses.
III. Current Actions
Type of Review: Extension of a
currently approved collection with
revisions.
Agency: Employment and Training
Administration.
Title: Extension of the Evaluation of
the Individual Training Account
Experiment.
OMB Number: 1205–0441.
Affected Public: Individuals.
Total Respondents: 3,366.
Frequency: One time.
Total Responses: 3,366.
Average Time per Response: 30
minutes.
Estimated Total Burden Hours: 1,680
hours.
Total Burden Cost: $24,192.
Average time
per response
(minutes)
Frequency
Burden (hours)
ITA Follow-up survey ......................................
3,366
One time .........................................................
30
1,680
Totals .......................................................
3,366
.........................................................................
........................
1,680
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The total burden cost represents 30
minutes to complete the survey
multiplied by the number of completers
(3,366 or 70 percent of the 4,800 sample
targeted for the survey) and by an
estimated average hourly wage of $14.40
per hour.
Comments submitted in response to
this comment request will be
summarized and/or included in the
request for Office of Management and
Budget approval of the information
collection request; they will also
become a matter of public record.
Signed in Washington, DC, this 16th day of
July 2008.
Thomas M. Dowd,
Administrator, Office of Policy Development
and Research Employment and Training
Administration.
[FR Doc. E8–16666 Filed 7–21–08; 8:45 am]
BILLING CODE 4510–FN–P
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Jkt 214001
Mine Safety and Health Administration
Petitions for Modification
Mine Safety and Health
Administration, Labor.
ACTION: Notice of petitions for
modification of existing mandatory
safety standards.
AGENCY:
SUMMARY: Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
filed by the parties listed below to
modify the application of existing
mandatory safety standards published
in Title 30 of the Code of Federal
Regulations.
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All comments on the petitions
must be received by the Office of
Standards, Regulations, and Variances
on or before August 21, 2008.
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 2349,
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 2349, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director,
DATES:
DEPARTMENT OF LABOR
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Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
Office of Standards, Regulations, and
Variances.
We 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:
Lawrence D. Reynolds, Acting Deputy
Director, Office of Standards,
Regulations, and Variances at 202–693–
9449 (Voice),
reynolds.lawrence@dol.gov (E-mail), or
202–693–9441 (Telefax), or contact
Barbara Barron at 202–693–9447
(Voice), barron.barbara@dol.gov (Email), 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.
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II. Petitions for Modification
Docket Number: M–2008–033–C.
Petitioner: Penn View Mining, Inc.,
2340 Smith Road, Shelocta,
Pennsylvania 15774.
Mine: TJS #6 Mine, MSHA I.D. No.
36–09464, located in Armstrong County,
Pennsylvania.
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 to permit the cable length to be
increased for cable supplying power to
two Fletcher Roof Ranger II Roof
Bolters. The voltage for these machines
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is 480-volts, three-phase alternating
current. The petitioner states that: (1)
The maximum length of the 480-volt
trailing cables be increased to 1200 feet
when No. 2 American Wire Gauge
(AWG) cable is being used, and the
maximum length of the 480-volt trailing
cable be 950 feet when No. 4 AWG cable
is being used; (2) the trailing cables for
the 480-volt Fletcher Roof Ranger II
Roof Bolters will not be smaller than
No. 4 AWG cable; (3) all circuit breakers
used to protect the No. 2 AWG trailing
cable or the No. 4 AWG trailing cable
exceeding 700 feet in length will have
instantaneous trip units calibrated to
trip at 500 amperes; (4) the trip setting
for these circuit breakers will be sealed
to ensure that the settings on these
breakers cannot be changed, and each
one will have permanent legible labels
identifying the circuit breakers as being
suitable for protecting the cables as
listed above; (5) replacement circuit
breakers and/or instantaneous trip units
used to protect the No. 2 AWG trailing
cable or the No. 4 AWG trailing cable
will be calibrated to trip at 500 amperes,
and this setting will be sealed; (6) all
components that provide short-circuit
protection will have a sufficient
interruption rating in accordance with
the maximum calculated fault currents
available; (7) during each production
day the trailing cables and the circuit
breakers will be examined in
accordance with all 30 CFR provisions;
(8) permanent labels to warn miners not
to change or alter the settings of these
devices will be installed and maintained
on the load center identifying the
location of each short-circuit protective
device; and (9) if the affected trailing
cables are damaged in any way during
the shift, the cable will be de-energized
and repairs will be made. Persons may
review a complete description of
petitioner’s alternative method and
procedures at the MSHA address listed
in this notice. The petitioner states that
the alternative method will not be
implemented until all miners
designated to operate the Roof Ranger II
or any other person designated to
examine the trailing cables or trip
settings on the circuit breakers have
received proper training. The training
for the miners will include the following
elements: (1) Training in the hazards of
setting the short-circuit interrupting
device(s) too high to adequately protect
the trailing cables; (2) training on how
to verify that the circuit interrupting
device(s) protecting the trailing cable(s)
are properly set and maintained; (3)
training in mining methods and
operating procedures for protecting the
trailing cables against damage; and (4)
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42599
training in the proper procedures for
examining the trailing cables to ensure
that the cables are in safe operating
conditions by a visual inspection of the
entire cable, observing the insulation,
the integrity of the splices, and nicks
and abrasions. The petitioner further
states that within 60 days after the
Proposed Decision and Order becomes
final, the proposed revisions for its
approved 30 CFR part 48 training plan
will be submitted to the District
Manager. These proposed revisions will
specify task training for miners
designated to examine the trailing
cables for safe operating conditions, and
verify that the short-circuit settings of
the circuit interrupting device(s) that
protect the affecting trailing cables do
not exceed the specified setting(s). The
petitioner asserts that the proposed
alternative method will at all times
guarantee no less than the same measure
of protection afforded the miners by
such standard with no diminution of
safety to the miners.
Docket Number: M–2008–034–C.
Petitioner: Rosebud Mining Company,
301 Market Street, Kittanning,
Pennsylvania 16201.
Mines: Beaver Valley Mine, MSHA
I.D. No. 36–08725, located in Beaver
County, Pennsylvania; Clementine
Mine, MSHA I.D. No. 36–08862 and
Logansport Mine, MSHA I.D. No.
36–08841, located in Armstrong County,
Pennsylvania; Little Toby Mine, MSHA
I.D. No. 36–08847, located in Elk
County, Pennsylvania; Lowry Mine,
MSHA I.D. No. 36–09287 and Toms Run
Mine, MSHA I.D. No. 36–08525, located
in Indiana County, Pennsylvania; Mine
78, MSHA I.D. No. 36–09371, located in
Somerset County, Pennsylvania;
Penfield Mine, MSHA I.D. No. 36–
09355, located in Clearfield County,
Pennsylvania; and Tusky Mine, MSHA
I.D. No. 33–04509, located in
Tuscarawas County, Ohio.
Regulation Affected: 30 CFR 75.1100–
2(e)(2) (Quantity and location of
firefighting equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternate method
of compliance with the firefighting
equipment requirement at temporary
electrical installations. The petitioner
proposes to supply two fire
extinguishers or one fire extinguisher of
twice the required capacity at all
temporary electrical installations in lieu
of 240 pounds of rock dust. The
petitioner asserts that the proposed
alternative method will at all times
guarantee no less than the same measure
of protection afforded the miners by
such standard with no diminution of
safety to the miners.
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42600
Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
Docket Number: M–2008–035–C.
Petitioner: Jim Walter Resources, Inc.,
P.O. Box 133, Brookwood, Alabama
35444.
Mine: No. 4 Mine, MSHA I.D. No.
01–01247 and No. 7 Mine, MSHA I.D.
No. 01–01401, both located in
Tuscaloosa County, Alabama.
Regulation Affected: 30 CFR 50.30
(Preparation and submission of MSHA
Form 7000–2—Quarterly Employment
and Coal Production Report).
Modification Request: The petitioner
requests a modification of the existing
standard to permit MSHA Form 7000–
2 to be completed and submitted within
60 days after the end of each calendar
quarter. The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded the
miners by the standard.
Docket Number: M–2008–036–C.
Petitioner: AMFIRE Mining Company,
LLC, One Energy Place, Latrobe,
Pennsylvania 15650.
Mine: Gillhouser Run Mine, MSHA
I.D. No. 36–09033, located in Indiana
County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method to use low-voltage or batterypowered non-permissible electronic
surveying equipment in or inby the last
open crosscut, or within 150 feet of
pillar workings under controlled
conditions for surveying and mapping
of the working section, and for final
surveying in the return areas of the
mine. The petitioner seeks modification
of 30 CFR 75.500(d) and any other
applicable standards as they pertain to
restricting the use of non-permissible or
non-intrinsically safe electrical testing
and diagnostic equipment used by
maintenance personnel for trouble
shooting and repair of mining
equipment commonly used and
accepted which may include, but is not
limited to: Low-voltage or batterypowered non-permissible electronic
surveying equipment, portable battery
operated hand drills, portable battery
operated mine transits, electronic
distance meters, and other equipment
that may have to be used including but
not limited to tools such as laptop
computers. The petitioner states that: (1)
Application of the existing standard will
result in a diminution of safety to the
miners; (2) mining equipment by its
nature, size, complexity of mine plans,
and relative closeness to other
abandoned mines requires that accurate
and precise measurements be completed
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19:47 Jul 21, 2008
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in a prompt and efficient manner; (3) all
non-permissible electronic surveying
equipment used in or inby the last open
crosscut shall be examined prior to use
to ensure that the equipment is being
maintained in safe operating conditions;
(4) the equipment will be examined at
intervals not to exceed 7 days by a
qualified person as defined in 30 CFR
75.153; (5) examination results will be
recorded in the weekly examination of
electrical equipment book; (6) a
qualified person as defined in 30 CFR
75.151 will continuously monitor for
methane immediately before and during
the use of non-permissible electronic
test and diagnostic equipment in or inby
the last open crosscut, in return areas,
or within 150 feet of pillar workings; (7)
if 1.0 percent or more of methane is
detected, non-permissible electronic
surveying equipment will be deenergized immediately and will be
withdrawn outby the last open crosscut
to intake air, or to a minimum of 150
feet outby the pillar workings; (8) all
hand-held methane detectors will be
MSHA-approved and maintained in
permissible and proper operating
condition as defined under 30 CFR
75.320; (9) qualified personnel engaged
in the use of electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment; and (10) all electronic
surveying equipment will be used in
accordance with the manufacturer’s
recommended safe use procedures.
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 afforded the miners by
such standard.
Docket Number: M–2008–037–C.
Petitioner: AMFIRE Mining Company,
LLC, One Energy Place, Latrobe,
Pennsylvania 15650.
Mine: Madison Mine, MSHA I.D. No.
36–09127, located in Cambria County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method to use low-voltage or batterypowered non-permissible electronic
surveying equipment in or inby the last
open crosscut, or within 150 feet of
pillar workings under controlled
conditions for surveying and mapping
of the working section, and for final
surveying in the return areas of the
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mine. The petitioner seeks modification
of 30 CFR 75.500(d) and any other
applicable standards as they pertain to
restricting the use of non-permissible or
non-intrinsically safe electrical testing
and diagnostic equipment used by
maintenance personnel for trouble
shooting and repair of mining
equipment commonly used and
accepted which may include, but is not
limited to: Low-voltage or batterypowered non-permissible electronic
surveying equipment, portable battery
operated hand drills, portable battery
operated mine transits, electronic
distance meters, and other equipment
that may have to be used including but
not limited to tools such as laptop
computers. The petitioner states that: (1)
Application of the existing standard will
result in a diminution of safety to the
miners; (2) mining equipment by its
nature, size, complexity of mine plans,
and relative closeness to other
abandoned mines requires that accurate
and precise measurements be completed
in a prompt and efficient manner; (3) all
non-permissible electronic surveying
equipment used in or inby the last open
crosscut shall be examined prior to use
to ensure that the equipment is being
maintained in safe operating conditions;
(4) the equipment will be examined at
intervals not to exceed 7 days by a
qualified person as defined in 30 CFR
75.153; (5) examination results will be
recorded in the weekly examination of
electrical equipment book; (6) a
qualified person as defined in 30 CFR
75.151 will continuously monitor for
methane immediately before and during
the use of non-permissible electronic
test and diagnostic equipment in or inby
the last open crosscut, in return areas,
or within 150 feet of pillar workings; (7)
if 1.0 percent or more of methane is
detected, non-permissible electronic
surveying equipment will be deenergized immediately and will be
withdrawn outby the last open crosscut
to intake air, or to a minimum of 150
feet outby the pillar workings; (8) all
hand-held methane detectors will be
MSHA-approved and maintained in
permissible and proper operating
condition as defined under 30 CFR
75.320; (9) qualified personnel engaged
in the use of electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment; and (10) all electronic
surveying equipment will be used in
accordance with the manufacturer’s
recommended safe use procedures.
Persons may review a complete
description of petitioner’s alternative
method and procedures at the MSHA
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Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
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 afforded the miners by
such standard.
Docket Number: M–2008–038–C.
Petitioner: AMFIRE Mining Company,
LLC, One Energy Place, Latrobe,
Pennsylvania 15650.
Mine: Nolo Mine, MSHA I.D. No. 36–
08850, located in Indiana County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method to use low-voltage or batterypowered non-permissible electronic
surveying equipment in or inby the last
open crosscut, or within 150 feet of
pillar workings under controlled
conditions for surveying and mapping
of the working section, and for final
surveying in the return areas of the
mine. The petitioner seeks modification
of 30 CFR 75.500(d) and any other
applicable standards as they pertain to
restricting the use of non-permissible or
non-intrinsically safe electrical testing
and diagnostic equipment used by
maintenance personnel for
troubleshooting and repair of mining
equipment commonly used and
accepted which may include, but is not
limited to: Low-voltage or batterypowered non-permissible electronic
surveying equipment, portable battery
operated hand drills, portable battery
operated mine transits, electronic
distance meters, and other equipment
that may have to be used including but
not limited to tools such as laptop
computers. The petitioner states that: (1)
Application of the existing standard will
result in a diminution of safety to the
miners; (2) mining equipment by its
nature, size, complexity of mine plans,
and relative closeness to other
abandoned mines require that accurate
and precise measurements be completed
in a prompt and efficient manner; (3) all
non-permissible electronic surveying
equipment used in or inby the last open
crosscut shall be examined prior to use
to ensure that the equipment is being
maintained in safe operating conditions;
(4) the equipment will be examined at
intervals not to exceed 7 days by a
qualified person as defined in 30 CFR
75.153; (5) examination results will be
recorded in the weekly examination of
electrical equipment book; (6) a
qualified person as defined in 30 CFR
75.151 will continuously monitor for
methane immediately before and during
the use of non-permissible electronic
VerDate Aug<31>2005
19:47 Jul 21, 2008
Jkt 214001
test and diagnostic equipment in or inby
the last open crosscut, in return areas,
or within 150 feet of pillar workings; (7)
if 1.0 percent or more of methane is
detected, non-permissible electronic
surveying equipment will be deenergized immediately and will be
withdrawn outby the last open crosscut
to intake air, or to a minimum of 150
feet outby the pillar workings; (8) all
hand-held methane detectors will be
MSHA-approved and maintained in
permissible and proper operating
condition as defined under 30 CFR
75.320; (9) qualified personnel engaged
in the use of electronic surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of such
equipment; and (10) all electronic
surveying equipment will be used in
accordance with the manufacturer’s
recommended safe use procedures.
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 afforded the miners by
such standard.
Lawrence D. Reynolds,
Acting Deputy Director, Office of Standards,
Regulations, and Variances.
[FR Doc. E8–16669 Filed 7–21–08; 8:45 am]
BILLING CODE 4510–43–P
[MCC FR 08–07]
Notice of Entering Into a Compact With
the Government of Burkina Faso
Millennium Challenge
Corporation.
AGENCY:
Notice.
SUMMARY: In accordance with Section
610(b)(2) of the Millennium Challenge
Act of 2003 (Pub. L. 108–199, Division
D), the Millennium Challenge
Corporation (MCC) is publishing a
summary and the complete text of the
Millennium Challenge Compact
between the United States of America,
acting through the Millennium
Challenge Corporation, and the
Government of Burkina Faso.
Representatives of the United States
Government and the Government of
Burkina Faso executed the Compact
documents on July 14, 2008.
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Dated: July 17, 2008.
William G. Anderson Jr.,
Vice President & General Counsel,
Millennium Challenge Corporation.
Summary of Millennium Challenge
Compact With the Government of
Burkina Faso
A. Introduction
Burkina Faso is a landlocked country
in Africa’s Sahel region, bordering
Benin, Cote d’Ivoire, Ghana, Mali, Niger,
and Togo, with a population of
approximately 15.26 million people. It
is one of the poorest countries in the
world, ranking 176 out of 177 countries
as surveyed by the United Nations
Development Program’s 2007 Human
Development Index. In an effort to
address constraints to investment,
Burkina Faso has undertaken several
broad macroeconomic reforms since the
mid-1990s, including market-oriented
reforms, decentralization of power from
the central government to local
governments, adoption of a new labor
code, and business climate
improvements. In light of these efforts,
in 2007, the International Finance
Corporation named Burkina Faso one of
the top reformers in West Africa. In
January 2008, Burkina Faso began a twoyear term on the United Nations
Security Council. Despite these reforms,
recognitions, and moderate economic
gains, Burkina Faso continues to face
severe constraints to growth and poverty
reduction.
B. Program Overview, Budget, and
Impact
MILLENNIUM CHALLENGE
CORPORATION
ACTION:
42601
Constraints are particularly acute in
rural areas. Agricultural activities
involve 85 percent of the country’s
active population and contribute to
approximately 36 percent of GDP and 88
percent of export earnings. Rural
populations in Burkina Faso currently
lack access to basic inputs needed to
improve agricultural and livestock
productivity, including secure land,
skilled labor, adequate water resources,
sufficient volumes of credit, and
adequate access to markets. To address
these constraints, the government of
Burkina Faso (‘‘GoBF’’) has proposed a
US$480,943,569, five-year Millennium
Challenge Compact (‘‘Compact’’) that
will consist of four interdependent
projects:
• Rural Land Governance Project—
designed to increase investment in land
and rural productivity through
improved land tenure security and land
management;
• Agriculture Development Project—
designed to expand the productive use
of land in order to increase the volume
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]]>Agencies
[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42598-42601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16669]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice of petitions for modification of existing mandatory
safety standards.
-----------------------------------------------------------------------
SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification filed by the parties listed below to modify
the application of existing mandatory safety standards published in
Title 30 of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations, and Variances on or before August 21, 2008.
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 2349, 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 2349,
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director,
[[Page 42599]]
Office of Standards, Regulations, and Variances.
We 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: Lawrence D. Reynolds, Acting Deputy
Director, Office of Standards, Regulations, and Variances at 202-693-
9449 (Voice), reynolds.lawrence@dol.gov (E-mail), or 202-693-9441
(Telefax), or contact Barbara Barron 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-2008-033-C.
Petitioner: Penn View Mining, Inc., 2340 Smith Road, Shelocta,
Pennsylvania 15774.
Mine: TJS 6 Mine, MSHA I.D. No. 36-09464, located in
Armstrong County, Pennsylvania.
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 to permit the cable length to be increased for cable
supplying power to two Fletcher Roof Ranger II Roof Bolters. The
voltage for these machines is 480-volts, three-phase alternating
current. The petitioner states that: (1) The maximum length of the 480-
volt trailing cables be increased to 1200 feet when No. 2 American Wire
Gauge (AWG) cable is being used, and the maximum length of the 480-volt
trailing cable be 950 feet when No. 4 AWG cable is being used; (2) the
trailing cables for the 480-volt Fletcher Roof Ranger II Roof Bolters
will not be smaller than No. 4 AWG cable; (3) all circuit breakers used
to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable
exceeding 700 feet in length will have instantaneous trip units
calibrated to trip at 500 amperes; (4) the trip setting for these
circuit breakers will be sealed to ensure that the settings on these
breakers cannot be changed, and each one will have permanent legible
labels identifying the circuit breakers as being suitable for
protecting the cables as listed above; (5) replacement circuit breakers
and/or instantaneous trip units used to protect the No. 2 AWG trailing
cable or the No. 4 AWG trailing cable will be calibrated to trip at 500
amperes, and this setting will be sealed; (6) all components that
provide short-circuit protection will have a sufficient interruption
rating in accordance with the maximum calculated fault currents
available; (7) during each production day the trailing cables and the
circuit breakers will be examined in accordance with all 30 CFR
provisions; (8) permanent labels to warn miners not to change or alter
the settings of these devices will be installed and maintained on the
load center identifying the location of each short-circuit protective
device; and (9) if the affected trailing cables are damaged in any way
during the shift, the cable will be de-energized and repairs will be
made. Persons may review a complete description of petitioner's
alternative method and procedures at the MSHA address listed in this
notice. The petitioner states that the alternative method will not be
implemented until all miners designated to operate the Roof Ranger II
or any other person designated to examine the trailing cables or trip
settings on the circuit breakers have received proper training. The
training for the miners will include the following elements: (1)
Training in the hazards of setting the short-circuit interrupting
device(s) too high to adequately protect the trailing cables; (2)
training on how to verify that the circuit interrupting device(s)
protecting the trailing cable(s) are properly set and maintained; (3)
training in mining methods and operating procedures for protecting the
trailing cables against damage; and (4) training in the proper
procedures for examining the trailing cables to ensure that the cables
are in safe operating conditions by a visual inspection of the entire
cable, observing the insulation, the integrity of the splices, and
nicks and abrasions. The petitioner further states that within 60 days
after the Proposed Decision and Order becomes final, the proposed
revisions for its approved 30 CFR part 48 training plan will be
submitted to the District Manager. These proposed revisions will
specify task training for miners designated to examine the trailing
cables for safe operating conditions, and verify that the short-circuit
settings of the circuit interrupting device(s) that protect the
affecting trailing cables do not exceed the specified setting(s). The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by such standard with no diminution of safety to the miners.
Docket Number: M-2008-034-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mines: Beaver Valley Mine, MSHA I.D. No. 36-08725, located in
Beaver County, Pennsylvania; Clementine Mine, MSHA I.D. No. 36-08862
and Logansport Mine, MSHA I.D. No. 36-08841, located in Armstrong
County, Pennsylvania; Little Toby Mine, MSHA I.D. No. 36-08847, located
in Elk County, Pennsylvania; Lowry Mine, MSHA I.D. No. 36-09287 and
Toms Run Mine, MSHA I.D. No. 36-08525, located in Indiana County,
Pennsylvania; Mine 78, MSHA I.D. No. 36-09371, located in Somerset
County, Pennsylvania; Penfield Mine, MSHA I.D. No. 36-09355, located in
Clearfield County, Pennsylvania; and Tusky Mine, MSHA I.D. No. 33-
04509, located in Tuscarawas County, Ohio.
Regulation Affected: 30 CFR 75.1100-2(e)(2) (Quantity and location
of firefighting equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternate method of compliance with the
firefighting equipment requirement at temporary electrical
installations. The petitioner proposes to supply two fire extinguishers
or one fire extinguisher of twice the required capacity at all
temporary electrical installations in lieu of 240 pounds of rock dust.
The petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by such standard with no diminution of safety to the miners.
[[Page 42600]]
Docket Number: M-2008-035-C.
Petitioner: Jim Walter Resources, Inc., P.O. Box 133, Brookwood,
Alabama 35444.
Mine: No. 4 Mine, MSHA I.D. No. 01-01247 and No. 7 Mine, MSHA I.D.
No. 01-01401, both located in Tuscaloosa County, Alabama.
Regulation Affected: 30 CFR 50.30 (Preparation and submission of
MSHA Form 7000-2--Quarterly Employment and Coal Production Report).
Modification Request: The petitioner requests a modification of the
existing standard to permit MSHA Form 7000-2 to be completed and
submitted within 60 days after the end of each calendar quarter. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by the standard.
Docket Number: M-2008-036-C.
Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe,
Pennsylvania 15650.
Mine: Gillhouser Run Mine, MSHA I.D. No. 36-09033, located in
Indiana County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method to use low-voltage or
battery-powered non-permissible electronic surveying equipment in or
inby the last open crosscut, or within 150 feet of pillar workings
under controlled conditions for surveying and mapping of the working
section, and for final surveying in the return areas of the mine. The
petitioner seeks modification of 30 CFR 75.500(d) and any other
applicable standards as they pertain to restricting the use of non-
permissible or non-intrinsically safe electrical testing and diagnostic
equipment used by maintenance personnel for trouble shooting and repair
of mining equipment commonly used and accepted which may include, but
is not limited to: Low-voltage or battery-powered non-permissible
electronic surveying equipment, portable battery operated hand drills,
portable battery operated mine transits, electronic distance meters,
and other equipment that may have to be used including but not limited
to tools such as laptop computers. The petitioner states that: (1)
Application of the existing standard will result in a diminution of
safety to the miners; (2) mining equipment by its nature, size,
complexity of mine plans, and relative closeness to other abandoned
mines requires that accurate and precise measurements be completed in a
prompt and efficient manner; (3) all non-permissible electronic
surveying equipment used in or inby the last open crosscut shall be
examined prior to use to ensure that the equipment is being maintained
in safe operating conditions; (4) the equipment will be examined at
intervals not to exceed 7 days by a qualified person as defined in 30
CFR 75.153; (5) examination results will be recorded in the weekly
examination of electrical equipment book; (6) a qualified person as
defined in 30 CFR 75.151 will continuously monitor for methane
immediately before and during the use of non-permissible electronic
test and diagnostic equipment in or inby the last open crosscut, in
return areas, or within 150 feet of pillar workings; (7) if 1.0 percent
or more of methane is detected, non-permissible electronic surveying
equipment will be de-energized immediately and will be withdrawn outby
the last open crosscut to intake air, or to a minimum of 150 feet outby
the pillar workings; (8) all hand-held methane detectors will be MSHA-
approved and maintained in permissible and proper operating condition
as defined under 30 CFR 75.320; (9) qualified personnel engaged in the
use of electronic surveying equipment will be properly trained to
recognize the hazards and limitations associated with the use of such
equipment; and (10) all electronic surveying equipment will be used in
accordance with the manufacturer's recommended safe use procedures.
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 afforded
the miners by such standard.
Docket Number: M-2008-037-C.
Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe,
Pennsylvania 15650.
Mine: Madison Mine, MSHA I.D. No. 36-09127, located in Cambria
County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method to use low-voltage or
battery-powered non-permissible electronic surveying equipment in or
inby the last open crosscut, or within 150 feet of pillar workings
under controlled conditions for surveying and mapping of the working
section, and for final surveying in the return areas of the mine. The
petitioner seeks modification of 30 CFR 75.500(d) and any other
applicable standards as they pertain to restricting the use of non-
permissible or non-intrinsically safe electrical testing and diagnostic
equipment used by maintenance personnel for trouble shooting and repair
of mining equipment commonly used and accepted which may include, but
is not limited to: Low-voltage or battery-powered non-permissible
electronic surveying equipment, portable battery operated hand drills,
portable battery operated mine transits, electronic distance meters,
and other equipment that may have to be used including but not limited
to tools such as laptop computers. The petitioner states that: (1)
Application of the existing standard will result in a diminution of
safety to the miners; (2) mining equipment by its nature, size,
complexity of mine plans, and relative closeness to other abandoned
mines requires that accurate and precise measurements be completed in a
prompt and efficient manner; (3) all non-permissible electronic
surveying equipment used in or inby the last open crosscut shall be
examined prior to use to ensure that the equipment is being maintained
in safe operating conditions; (4) the equipment will be examined at
intervals not to exceed 7 days by a qualified person as defined in 30
CFR 75.153; (5) examination results will be recorded in the weekly
examination of electrical equipment book; (6) a qualified person as
defined in 30 CFR 75.151 will continuously monitor for methane
immediately before and during the use of non-permissible electronic
test and diagnostic equipment in or inby the last open crosscut, in
return areas, or within 150 feet of pillar workings; (7) if 1.0 percent
or more of methane is detected, non-permissible electronic surveying
equipment will be de-energized immediately and will be withdrawn outby
the last open crosscut to intake air, or to a minimum of 150 feet outby
the pillar workings; (8) all hand-held methane detectors will be MSHA-
approved and maintained in permissible and proper operating condition
as defined under 30 CFR 75.320; (9) qualified personnel engaged in the
use of electronic surveying equipment will be properly trained to
recognize the hazards and limitations associated with the use of such
equipment; and (10) all electronic surveying equipment will be used in
accordance with the manufacturer's recommended safe use procedures.
Persons may review a complete description of petitioner's alternative
method and procedures at the MSHA
[[Page 42601]]
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 afforded the miners by such standard.
Docket Number: M-2008-038-C.
Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe,
Pennsylvania 15650.
Mine: Nolo Mine, MSHA I.D. No. 36-08850, located in Indiana County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method to use low-voltage or
battery-powered non-permissible electronic surveying equipment in or
inby the last open crosscut, or within 150 feet of pillar workings
under controlled conditions for surveying and mapping of the working
section, and for final surveying in the return areas of the mine. The
petitioner seeks modification of 30 CFR 75.500(d) and any other
applicable standards as they pertain to restricting the use of non-
permissible or non-intrinsically safe electrical testing and diagnostic
equipment used by maintenance personnel for troubleshooting and repair
of mining equipment commonly used and accepted which may include, but
is not limited to: Low-voltage or battery-powered non-permissible
electronic surveying equipment, portable battery operated hand drills,
portable battery operated mine transits, electronic distance meters,
and other equipment that may have to be used including but not limited
to tools such as laptop computers. The petitioner states that: (1)
Application of the existing standard will result in a diminution of
safety to the miners; (2) mining equipment by its nature, size,
complexity of mine plans, and relative closeness to other abandoned
mines require that accurate and precise measurements be completed in a
prompt and efficient manner; (3) all non-permissible electronic
surveying equipment used in or inby the last open crosscut shall be
examined prior to use to ensure that the equipment is being maintained
in safe operating conditions; (4) the equipment will be examined at
intervals not to exceed 7 days by a qualified person as defined in 30
CFR 75.153; (5) examination results will be recorded in the weekly
examination of electrical equipment book; (6) a qualified person as
defined in 30 CFR 75.151 will continuously monitor for methane
immediately before and during the use of non-permissible electronic
test and diagnostic equipment in or inby the last open crosscut, in
return areas, or within 150 feet of pillar workings; (7) if 1.0 percent
or more of methane is detected, non-permissible electronic surveying
equipment will be de-energized immediately and will be withdrawn outby
the last open crosscut to intake air, or to a minimum of 150 feet outby
the pillar workings; (8) all hand-held methane detectors will be MSHA-
approved and maintained in permissible and proper operating condition
as defined under 30 CFR 75.320; (9) qualified personnel engaged in the
use of electronic surveying equipment will be properly trained to
recognize the hazards and limitations associated with the use of such
equipment; and (10) all electronic surveying equipment will be used in
accordance with the manufacturer's recommended safe use procedures.
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 afforded
the miners by such standard.
Lawrence D. Reynolds,
Acting Deputy Director, Office of Standards, Regulations, and
Variances.
[FR Doc. E8-16669 Filed 7-21-08; 8:45 am]
BILLING CODE 4510-43-P
