Petitions for Modification, 67913-67914 [E9-30157]
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
of Section 222(a) of the Act were not
met.
Furthermore, because there were no
imports of services supplied by workers
of the subject firm and the subject firm
did not shift facilities maintenance,
disposing of equipment and materials
through sale or discard, and archiving
paper manufacturing records abroad,
criterion II.C is not met. Imports or
shift/acquisition in services provided by
workers of the subject firm did not
contribute importantly to the workers’
separation.
Furthermore, with the respect to
Section 222(c) of the Act, the
investigation revealed that criterion 2
was not met because the workers did
not supply a service that was used by a
firm with TAA-certified workers in the
production of an article or supply of a
service that was a basis for TAA
certification.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed at Washington, DC, this 10th day of
December, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–30251 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
erowe on DSK5CLS3C1PROD with NOTICES
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
VerDate Nov<24>2008
14:14 Dec 18, 2009
Jkt 220001
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 January 20, 2010.
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.
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
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Fmt 4703
Sfmt 4703
67913
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 modification.
II. Petitions for Modification
Docket Number: M–2009–020–C.
Petitioner: Consolidation Coal
Company, 1800 Washington Road,
Pittsburgh, Pennsylvania 15241.
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 to permit an alternative
method of compliance with respect to
vertical Coal Bed Methane (CBM)
degasification wells with horizontal
laterals into the underground coal seam.
The petitioner proposes to plug
vertically drilled CBM degasification
wells in order to mine through them.
The petitioner states that: (1) Prior to the
anticipated mine through, the borehole
will be filled with cementatious grout,
polyurethane grout, silica gel, flexible
gel, or another material approved by the
District Manager; (2) a packer with a
one-way check valve, will be installed at
a location in the borehole to ensure that
an appropriate amount of the borehole
is filled with the plugging material, and
any water present in the borehole will
be tested for chlorides prior to plugging;
(3) a directional deviation survey
completed during the drilling of the
borehole will be used to determine the
location of the borehole within the coal
seam; (4) where suitable plugging
procedures have not yet been developed
or are impractical, water infusion and
ventilation of vertical CBM wells with
horizontal laterals may be used in lieu
of plugging; (5) when mining through a
CBM degasification well with horizontal
laterals, the operator will notify the
District Manager or designee prior to
mining within 300 feet of the well, and
when a specific plan is developed for
mining through each well; (6) when
using the continuous mining method,
drivage sights will be installed at the
last open crosscut near the place to be
mined to ensure intersection of the well.
The drivage sights will not be more than
250 feet from the well. When using the
longwall mining method, drivage sights
will be installed on 10-foot centers, 50
feet in advance of the initial anticipated
intersection of the well, in both the
headgate and tailgate entry; (7)
firefighting equipment, including fire
extinguishers, rock dust, and enough
E:\FR\FM\21DEN1.SGM
21DEN1
erowe on DSK5CLS3C1PROD with NOTICES
67914
Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
fire hose to reach the well location on
the working face will be available near
the working place; (8) sufficient
supplies of roof support and ventilation
materials will be available near the
working place; (9) the quantity of air
required by the approved ventilation
system and methane and dust control
plan, will be used to ventilate the
working face, or the longwall face
during the mining through operation;
(10) equipment will be checked for
permissibility and serviced on the shift,
and the methane monitor on the
longwall or continuous mining machine
will be calibrated on the shift, prior to
mining through the well; (11) tests for
methane will be made with a hand-held
methane detector when mining is in
progress, at least every 10 minutes from
the time mining with the continuous
mining machine is within 30 feet of the
well until the well is intersected and
immediately prior to mining through or
the resumption of mining after a well is
intersected. When mining with longwall
equipment, the tests for methane will be
made at least every 10 minutes when
the longwall face is within 10 feet of the
well; (12) when using continuous
mining methods, the working place will
be free from accumulations of coal dust
and coal spillages and rock dust will be
placed on the roof and rib, within 20
feet of the face when mining through the
well; (13) all equipment will be deenergized when the well is intersected
and the place will be thoroughly
examined and determined safe before
mining resumes. Any well casing will
be removed and no open flame will be
permitted in the area until adequate
ventilation has been established around
the wellbore; (14) after the well has been
intersected and the working place
determined safe, mining will continue
inby the well at a sufficient distance to
permit adequate ventilation around the
area of the wellbore; (15) only persons
engaged in the operation will be
permitted in the area of the mining
through operation, inby the last open
crosscut, such as company personnel,
representatives of miners, MSHA
personnel and personnel from the
appropriate State agency. The mining
through operation will be under the
direct supervision of a certified official
and only the certified official will issue
instructions concerning the mining
through operation; and (16) for the
safety of the miners, MSHA personnel
may interrupt or halt the mining
through operation when necessary.
Persons may review a complete
description of the petitioner’s
alternative method and procedures at
the MSHA address listed in this notice.
VerDate Nov<24>2008
14:14 Dec 18, 2009
Jkt 220001
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
Blacksville No. 2 Mine as would be
provided by the existing standard.
Docket Number: M–2009–022–C.
Petitioner: RFI Energy, Inc., 4740
Corridor Place, Suite D, Beltsville,
Maryland.
Mine: RFI Strip & Tipple, MSHA I.D.
No. 36–08763, located in Clarion
County, Pennsylvania.
Regulation Affected: 30 CFR
77.1301(f) (Explosives and blasting).
Modification Request: The petitioner
requests a modification of the existing
standard to permit its explosives storage
magazines to be maintained off-site in
their current location, closer than 25
feet to each other, provided that the
total contents of both magazines do not
exceed the maximum weight for
explosives set forth in the US Bureau of
Alcohol, Tobacco & Firearms (BATF)
Table of Distances. The petitioner states
that: (1) The current configuration was
previously approved by the BATF and
is consistent with the terms of the
permit issued to RFI Energy for these
magazines by the State of Pennsylvania;
(2) to reconfigure the magazines and
move one magazine outside the existing
enclosed structure would impose
prohibitive expense without any
commensurate safety improvements,
and would place RFI Energy in violation
of its existing BATF and Pennsylvania
permits for explosives storage; (3) it
would be unduly burdensome to
relocate the magazines because of the
requirements RFI Energy must meet to
conform to BATF, and Pennsylvania
Department of Homeland Security, as
well as MSHA’s acceptance of this
storage practice during previous
inspections conducted by the Agency on
behalf of BATF; and (4) in light of the
small amounts of explosives regularly
stored in the magazines, the lack of the
magazines’ proximity to roadways,
housing, or human traffic, full
compliance with a Federal agency
(BATF) that has primary jurisdiction
over explosives storage requirements,
and the rules promulgated and permits
granted to RFI Energy by the
Pennsylvania Department of Homeland
Security for explosives storage, RFI
Energy should not be required to
expend prodigious amounts of money,
time, or physical effort and to violate its
existing explosives permits in order to
comply with MSHA’s explosives storage
regulations which, according to the
most recent MSHA semi-annual
regulatory agenda are slated for revision
to harmonize more appropriately with
those regulations of the BATF. The
PO 00000
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Fmt 4703
Sfmt 4703
petitioner further states that the
alternative method provides equivalent
or superior safety to the application of
the standard, is already in compliance
with BATF and the Pennsylvania
Department of Homeland Security, and
MSHA has acknowledged in the
pending citation that it is unlikely that
any injuries would occur given the
current scenario.
Dated: December 15, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. E9–30157 Filed 12–18–09; 8:45 am]
BILLING CODE 4510–43–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
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 20, 2010.
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
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67913-67914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30157]
-----------------------------------------------------------------------
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 January 20, 2010.
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 modification.
II. Petitions for Modification
Docket Number: M-2009-020-C.
Petitioner: Consolidation Coal Company, 1800 Washington Road,
Pittsburgh, Pennsylvania 15241.
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 to permit an alternative method of compliance with
respect to vertical Coal Bed Methane (CBM) degasification wells with
horizontal laterals into the underground coal seam. The petitioner
proposes to plug vertically drilled CBM degasification wells in order
to mine through them. The petitioner states that: (1) Prior to the
anticipated mine through, the borehole will be filled with cementatious
grout, polyurethane grout, silica gel, flexible gel, or another
material approved by the District Manager; (2) a packer with a one-way
check valve, will be installed at a location in the borehole to ensure
that an appropriate amount of the borehole is filled with the plugging
material, and any water present in the borehole will be tested for
chlorides prior to plugging; (3) a directional deviation survey
completed during the drilling of the borehole will be used to determine
the location of the borehole within the coal seam; (4) where suitable
plugging procedures have not yet been developed or are impractical,
water infusion and ventilation of vertical CBM wells with horizontal
laterals may be used in lieu of plugging; (5) when mining through a CBM
degasification well with horizontal laterals, the operator will notify
the District Manager or designee prior to mining within 300 feet of the
well, and when a specific plan is developed for mining through each
well; (6) when using the continuous mining method, drivage sights will
be installed at the last open crosscut near the place to be mined to
ensure intersection of the well. The drivage sights will not be more
than 250 feet from the well. When using the longwall mining method,
drivage sights will be installed on 10-foot centers, 50 feet in advance
of the initial anticipated intersection of the well, in both the
headgate and tailgate entry; (7) firefighting equipment, including fire
extinguishers, rock dust, and enough
[[Page 67914]]
fire hose to reach the well location on the working face will be
available near the working place; (8) sufficient supplies of roof
support and ventilation materials will be available near the working
place; (9) the quantity of air required by the approved ventilation
system and methane and dust control plan, will be used to ventilate the
working face, or the longwall face during the mining through operation;
(10) equipment will be checked for permissibility and serviced on the
shift, and the methane monitor on the longwall or continuous mining
machine will be calibrated on the shift, prior to mining through the
well; (11) tests for methane will be made with a hand-held methane
detector when mining is in progress, at least every 10 minutes from the
time mining with the continuous mining machine is within 30 feet of the
well until the well is intersected and immediately prior to mining
through or the resumption of mining after a well is intersected. When
mining with longwall equipment, the tests for methane will be made at
least every 10 minutes when the longwall face is within 10 feet of the
well; (12) when using continuous mining methods, the working place will
be free from accumulations of coal dust and coal spillages and rock
dust will be placed on the roof and rib, within 20 feet of the face
when mining through the well; (13) all equipment will be de-energized
when the well is intersected and the place will be thoroughly examined
and determined safe before mining resumes. Any well casing will be
removed and no open flame will be permitted in the area until adequate
ventilation has been established around the wellbore; (14) after the
well has been intersected and the working place determined safe, mining
will continue inby the well at a sufficient distance to permit adequate
ventilation around the area of the wellbore; (15) only persons engaged
in the operation will be permitted in the area of the mining through
operation, inby the last open crosscut, such as company personnel,
representatives of miners, MSHA personnel and personnel from the
appropriate State agency. The mining through operation will be under
the direct supervision of a certified official and only the certified
official will issue instructions concerning the mining through
operation; and (16) for the safety of the miners, MSHA personnel may
interrupt or halt the mining through operation when necessary. Persons
may review a complete description of the 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 Blacksville No. 2 Mine as would be provided by the
existing standard.
Docket Number: M-2009-022-C.
Petitioner: RFI Energy, Inc., 4740 Corridor Place, Suite D,
Beltsville, Maryland.
Mine: RFI Strip & Tipple, MSHA I.D. No. 36-08763, located in
Clarion County, Pennsylvania.
Regulation Affected: 30 CFR 77.1301(f) (Explosives and blasting).
Modification Request: The petitioner requests a modification of the
existing standard to permit its explosives storage magazines to be
maintained off-site in their current location, closer than 25 feet to
each other, provided that the total contents of both magazines do not
exceed the maximum weight for explosives set forth in the US Bureau of
Alcohol, Tobacco & Firearms (BATF) Table of Distances. The petitioner
states that: (1) The current configuration was previously approved by
the BATF and is consistent with the terms of the permit issued to RFI
Energy for these magazines by the State of Pennsylvania; (2) to
reconfigure the magazines and move one magazine outside the existing
enclosed structure would impose prohibitive expense without any
commensurate safety improvements, and would place RFI Energy in
violation of its existing BATF and Pennsylvania permits for explosives
storage; (3) it would be unduly burdensome to relocate the magazines
because of the requirements RFI Energy must meet to conform to BATF,
and Pennsylvania Department of Homeland Security, as well as MSHA's
acceptance of this storage practice during previous inspections
conducted by the Agency on behalf of BATF; and (4) in light of the
small amounts of explosives regularly stored in the magazines, the lack
of the magazines' proximity to roadways, housing, or human traffic,
full compliance with a Federal agency (BATF) that has primary
jurisdiction over explosives storage requirements, and the rules
promulgated and permits granted to RFI Energy by the Pennsylvania
Department of Homeland Security for explosives storage, RFI Energy
should not be required to expend prodigious amounts of money, time, or
physical effort and to violate its existing explosives permits in order
to comply with MSHA's explosives storage regulations which, according
to the most recent MSHA semi-annual regulatory agenda are slated for
revision to harmonize more appropriately with those regulations of the
BATF. The petitioner further states that the alternative method
provides equivalent or superior safety to the application of the
standard, is already in compliance with BATF and the Pennsylvania
Department of Homeland Security, and MSHA has acknowledged in the
pending citation that it is unlikely that any injuries would occur
given the current scenario.
Dated: December 15, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-30157 Filed 12-18-09; 8:45 am]
BILLING CODE 4510-43-P
