Petitions for Modification, 80433-80436 [E8-31121]

Download as PDF pwalker on PROD1PC71 with NOTICES 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 VerDate Aug<31>2005 17:41 Dec 30, 2008 Jkt 217001 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 http://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 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 80433 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 E:\FR\FM\31DEN1.SGM 31DEN1 80434 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: pwalker on PROD1PC71 with NOTICES 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 VerDate Aug<31>2005 17:41 Dec 30, 2008 Jkt 217001 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). PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31DEN1.SGM 31DEN1 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices pwalker on PROD1PC71 with NOTICES 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. VerDate Aug<31>2005 17:41 Dec 30, 2008 Jkt 217001 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. PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 80435 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 E:\FR\FM\31DEN1.SGM 31DEN1 80436 Federal Register / Vol. 73, No. 251 / Wednesday, December 31, 2008 / Notices 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 pwalker on PROD1PC71 with NOTICES 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 VerDate Aug<31>2005 17:41 Dec 30, 2008 Jkt 217001 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 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. E:\FR\FM\31DEN1.SGM 31DEN1

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]


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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

[[Page 80434]]

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

[[Page 80435]]

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

[[Page 80436]]

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