Petitions for Modification, 16186-16188 [2010-7197]

Download as PDF 16186 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices TABLE V—U.S. DEPARTMENT OF LABOR; EMPLOYMENT AND TRAINING ADMINISTRATION; WORKFORCE INFORMATION GRANTS TO STATES; PY 2010 VS PY 2009 ALLOTMENTS—Continued State PY 2009 PY 2010 Difference % Difference Indiana ..................................................................................... Iowa ......................................................................................... Kansas ..................................................................................... Kentucky .................................................................................. Louisiana .................................................................................. Maine ....................................................................................... Maryland .................................................................................. Massachusetts ......................................................................... Michigan ................................................................................... Minnesota ................................................................................ Mississippi ................................................................................ Missouri .................................................................................... Montana ................................................................................... Nebraska .................................................................................. Nevada ..................................................................................... New Hampshire ....................................................................... New Jersey .............................................................................. New Mexico ............................................................................. New York ................................................................................. North Carolina .......................................................................... North Dakota ............................................................................ Ohio ......................................................................................... Oklahoma ................................................................................. Oregon ..................................................................................... Pennsylvania ............................................................................ Puerto Rico .............................................................................. Rhode Island ............................................................................ South Carolina ......................................................................... South Dakota ........................................................................... Tennessee ............................................................................... Texas ....................................................................................... Utah ......................................................................................... Vermont ................................................................................... Virginia ..................................................................................... Washington .............................................................................. West Virginia ............................................................................ Wisconsin ................................................................................. Wyoming .................................................................................. 642,235 451,190 427,610 495,574 494,844 332,053 612,613 662,375 855,176 606,203 407,221 615,454 306,660 366,425 414,616 335,737 796,139 361,891 1,420,420 805,049 290,398 982,778 459,625 484,917 1,027,599 412,752 315,475 508,829 299,586 621,026 1,680,566 415,279 288,282 748,577 671,927 344,271 624,534 280,619 637,859 450,390 430,687 498,273 499,711 331,210 608,631 665,387 840,933 606,706 404,978 613,786 306,340 365,970 416,502 335,493 800,638 362,201 1,439,096 803,030 289,915 974,547 461,686 487,891 1,032,188 408,794 314,349 512,460 299,507 616,563 1,704,900 414,068 288,734 753,436 679,171 342,209 624,061 280,600 (4,376) (800) 3,077 2,699 4,867 (843) (3,982) 3,012 (14,243) 503 (2,243) (1,668) (320) (455) 1,886 (244) 4,499 310 18,676 (2,019) (483) (8,231) 2,061 2,974 4,589 (3,958) (1,126) 3,631 (79) (4,463) 24,334 (1,211) 452 4,859 7,244 (2,062) (473) (19) ¥0.68 ¥0.18 0.72 0.54 0.98 ¥0.25 ¥0.65 0.45 ¥1.67 0.08 ¥0.55 ¥0.27 ¥0.10 ¥0.12 0.45 ¥0.07 0.57 0.09 1.31 ¥0.25 ¥0.17 ¥0.84 0.45 0.61 0.45 ¥0.96 ¥0.36 0.71 ¥0.03 ¥0.72 1.45 ¥0.29 0.16 0.65 1.08 ¥0.60 ¥0.08 ¥0.01 State Total ........................................................................ 31,823,200 31,823,200 0 0.00 Guam ....................................................................................... Virgin Islands ........................................................................... 92,899 83,901 92,899 83,901 0 0 0.00 0.00 Outlying Areas Total ......................................................... 176,800 176,800 0 0.00 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. [FR Doc. 2010–6696 Filed 3–30–10; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Mine Safety and Health Administration jlentini on DSKJ8SOYB1PROD with NOTICES Petitions for Modification AGENCY: Mine Safety and Health Administration (MSHA), 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 VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 DATES: All comments on the petitions must be received by the Office of Standards, Regulations and Variances on or before April 30, 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 22209–3939, PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 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– 3939, 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 E:\FR\FM\31MRN1.SGM 31MRN1 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices 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. jlentini on DSKJ8SOYB1PROD with NOTICES II. Petitions for Modification Docket Number: M–2010–011–C. Petitioner: Alex Energy, Jerry Fork Road, Drennen, West Virginia 26667. Mine: Jerry Fork Eagle Mine, MSHA I. D. No. 46–08787, located in Nicholas County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). Modification Request: The petitioner requests a modification of the existing standard to eliminate the use of blowoff dust covers for the spray nozzles of a deluge-type water spray system. As an alternative to using the blow-off dust covers, the petitioner proposes the following terms and conditions: (1) A person trained in the testing procedures specific to the deluge-type water spray fire suppression systems utilized at each belt drive will once each week: (a) Conduct a visual examination of each of the deluge-type water spray fire suppression systems; (b) conduct functional test of the deluge-type water spray fire suppression systems by actuating the system and watching its performance; and (c) record the results of the examination and functional test in a book maintained on the surface for that purpose. The record will be made available to the authorized representative of the Secretary and retained at the mine for one year; (2) any malfunction or clogged nozzle detected as a result of the weekly examination or VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 functional test will be corrected immediately; and (3) the procedure used to perform the functional test will be posted at or near each belt drive that utilizes a deluge-type water spray fire suppression system. The petitioner asserts that the proposed alternative method will provide a measure of protection equal to or greater than that of the standard. Docket Number: M–2010–012–C. Petitioner: White Buck Coal Company, P.O. Box 180, Leivasy, West Virginia 26676. Mine: Grassy Creek Mine, MSHA I.D. No. 46–08365 and Hominy Creek Mine, MSHA I.D. No. 46–09266, located in Nicholas County, West Virginia; and Pocahontas Mine, MSHA I.D. No. 46– 09154, located in Greenbrier County, West Virginia. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). Modification Request: The petitioner requests a modification of the existing standard to eliminate the use of blowoff dust covers for the spray nozzles of a deluge-type water spray system. As an alternative to using the blow-off dust covers, the petitioner proposes the following terms and conditions: (1) A person trained in the testing procedures specific to the deluge-type water spray fire suppression systems utilized at each belt drive will once each week: (a) Conduct a visual examination of each of the deluge-type water spray fire suppression systems; (b) conduct functional test of the deluge-type water spray fire suppression systems by actuating the system and watching its performance; and (c) record the results of the examination and functional test in a book maintained on the surface for that purpose. The record will be made available to the authorized representative of the Secretary and retained at the mine for one year; (2) any malfunction or clogged nozzle detected as a result of the weekly examination or functional test will be corrected immediately; and (3) the procedure used to perform the functional test will be posted at or near each belt drive that utilizes a deluge-type water spray fire suppression system. The petitioner asserts that the proposed alternative method will provide a measure of protection equal to or greater than that of the standard. Docket Number: M–2010–013–C. Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149, Friedens, Pennsylvania 15541. Mine: Quecreek No. 1 Mine, MSHA I. D. No. 36–08746, and Roytown Deep Mine, MSHA I.D. No. 36–09260, located in Somerset County, Pennsylvania. PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 16187 Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). Modification Request: The petitioner requests a modification of the existing standard to permit an alternate method of compliance with the blow-off dust cover requirement at deluge-type water spray systems. In lieu of using blow-off dust covers, the petitioner proposes to: (1) Once every 7 days, a person trained in the testing procedures specific to the water deluge-type fire suppression systems utilized at each belt drive will: (a) Conduct a visual examination of each water deluge-type fire suppression system; (b) conduct a functional test of the water deluge-type fire suppression systems by actuating the system; and (c) any malfunction or clogged nozzle detected as a result of the examination and functional test will be recorded in a book maintained on the surface for that purpose. The record will be made available to the authorized representative of the Secretary and retained at the mine for one year; (2) any malfunction or clogged nozzle detected as a result of the weekly examination or functional test will be corrected immediately; (3) the written procedure used to perform the functional test will be provided to each individual trained in the testing procedure for reference; and (4) conducting weekly functional tests of the water deluge-type fire suppression systems as the proposed alternative method will provide for a level of safety equal to or greater than the statute in place. 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–2010–014–C. Petitioner: Sunrise Coal, LLC, 1183, East Canvasback Drive, Terre Haute, Indiana 47802. Mine: Carlisle Mine, MSHA I.D. No. 12–02349, located in Sullivan County, Indiana. Regulation Affected: 30 CFR 75.1101– 1(b) (Deluge-type water spray systems). Modification Request: The petitioner requests a modification of the existing standard to permit weekly examinations and functional testing of the deluge-type water fire suppression systems in lieu of providing blow-off dust covers. The petitioner states that: (1) Conducting a weekly examination and functional test of the deluge water fire suppression systems will provide an improvement in safety and insure that the spray nozzles do not become plugged; and (2) replacing the dust caps creates an unnecessary hazard by exposing miners E:\FR\FM\31MRN1.SGM 31MRN1 16188 Federal Register / Vol. 75, No. 61 / Wednesday, March 31, 2010 / Notices to the risk of a slip/fall type accident. The petitioner asserts that this petition upon approval will be mandated throughout the Carlisle Mine and will provide no less than the same measure of protection afforded by the standard. jlentini on DSKJ8SOYB1PROD with NOTICES Docket Number: M–2010–015–C. Petitioner: Sunrise Coal, LLC, 1183 East Canvasback Drive, Terre Haute, Indiana 47802. Mine: Carlisle Mine, MSHA I.D. No. 12–02349, located in Sullivan County, Indiana. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Modification Request: The petitioner requests a modification of the existing standard to permit mine through or near (whenever the safety barrier diameter is reduced to a distance less than the District Manager would approve pursuant to 75.1700) plugged oil and gas wells penetrating the Indian V coal seam. The petitioner has listed in this petition a complete list of procedures to be utilized when plugging oil and gas wells. Persons may review these 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 to the miners under 30 CFR 75.1700. Docket Number: M–2010–016–C. Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, Virginia 24282. Mine: Huff Creek No. 1 Mine, MSHA I.D. No. 15–17234, Darby Fork No. 1 Mine, MSHA I.D. No. 15–02263, Clover Fork No. 1 Mine, MSHA I.D. No. 15– 18647, all located in Harlan County, Kentucky. Regulation Affected: 30 CFR 75.208 (Warning devices). Modification: The petitioner requests a modification of the existing standard to permit a readily visible warning to be posted, or a physical barrier to be installed on the second row of permanent roof support outby unsupported roof to impede travel beyond permanent support, except during the installation of roof supports. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the appropriate portion of 30 CFR 75.208. Dated: March 26, 2010. Patricia W. Silvey, Director. [FR Doc. 2010–7197 Filed 3–30–10; 8:45 am] BILLING CODE 4510–43–P VerDate Nov<24>2008 19:40 Mar 30, 2010 Jkt 220001 LEGAL SERVICES CORPORATION 295–1500 or FR_NOTICE_QUESTIONS@lsc.gov. Sunshine Act Meetings of the Board of Directors and Five Committees of the Board Dated: March 29, 2010. Patricia D. Batie, Corporate Secretary. Notice [FR Doc. 2010–7388 Filed 3–29–10; 4:15 pm] DATE AND TIME: The Legal Services Corporation Board of Directors will meet on April 7, 2010 at 12 p.m., Eastern Time. LOCATION: Legal Services Corporation, 3333 K Street, NW., Washington, DC 20007, 3rd Floor Conference Center. PUBLIC OBSERVATION: For all meetings and portions thereof open to public observation, members of the public who are unable to attend but wish to listen to the proceedings may do so by following the telephone call-in directions given below. You are asked to keep your telephone muted to eliminate background noises. From time to time the Chairman may solicit comments from the public. BILLING CODE 7050–01–P Call-in Directions for Open Session(s) • Call toll-free number: 1–(866) 451– 4981; • When prompted, enter the following numeric pass code: 5907707348; • When connected to the call, please ‘‘MUTE’’ your telephone immediately. STATUS OF MEETING: Open. MATTERS TO BE CONSIDERED: Board of Directors Agenda Open Session 1. Approval of agenda; 2. Consider and act on nominations for the Chairman of the Board of Directors; 3. Consider and act on nominations for the Vice Chairman of the Board of Directors; 4. Consider and act on delegation to Chairman of authority to make Committee assignments; 5. Public comment; 6. Consider and act on other business; 7. Consider and act on motion to adjourn meeting. CONTACT PERSON FOR INFORMATION: Katherine Ward, Executive Assistant to the Vice President & General Counsel, at (202) 295–1500. Questions may be sent by electronic mail to FR_NOTICE_QUESTIONS@lsc.gov. SPECIAL NEEDS: Upon request, meeting notices will be made available in alternate formats to accommodate visual and hearing impairments. Individuals who have a disability and need an accommodation to attend the meeting may notify Katherine Ward, at (202) PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 OFFICE OF MANAGEMENT AND BUDGET Office of Federal Procurement Policy Work Reserved for Performance by Federal Government Employees AGENCY: Office of Management and Budget, Office of Federal Procurement Policy. ACTION: Notice of proposed policy letter. SUMMARY: The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) is issuing a proposed policy letter to provide guidance to Executive Departments and agencies on circumstances when work must be reserved for performance by Federal government employees. The Presidential Memorandum on Government Contracting, issued on March 4, 2009, directs OMB to clarify when governmental outsourcing of services is, and is not, appropriate, consistent with section 321 of the National Defense Authorization Act (NDAA) for FY 2009. Section 321 requires OMB to (i) create a single definition for the term ‘‘inherently governmental function’’ that addresses any deficiencies in the existing definitions and reasonably applies to all agencies; (ii) establish criteria to be used by agencies to identify ‘‘critical’’ functions and positions that should only be performed by federal employees; and (iii) provide guidance to improve internal agency management of functions that are inherently governmental or critical. The Presidential Memorandum is available at http://www.whitehouse.gov/ the_press_office/. Memorandum-for-the-Heads-ofExecutive-Departments-and-AgenciesSubject-Government/. Section 321 may be found at http:// thomas.loc.gov/cgi-bin/query/ F?c110:5:./temp/~c110wWVqGQ: e178256. Comment Date: OFPP invites interested parties from both the public and private sectors to provide comments to be considered in the formulation of the final policy letter. Interested parties should submit comments in writing to E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16186-16188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7197]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration (MSHA), 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 April 30, 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-
3939, 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 
22209-3939, 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

[[Page 16187]]

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-2010-011-C.
    Petitioner: Alex Energy, Jerry Fork Road, Drennen, West Virginia 
26667.
    Mine: Jerry Fork Eagle Mine, MSHA I. D. No. 46-08787, located in 
Nicholas County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of blow-off dust covers for the 
spray nozzles of a deluge-type water spray system. As an alternative to 
using the blow-off dust covers, the petitioner proposes the following 
terms and conditions: (1) A person trained in the testing procedures 
specific to the deluge-type water spray fire suppression systems 
utilized at each belt drive will once each week: (a) Conduct a visual 
examination of each of the deluge-type water spray fire suppression 
systems; (b) conduct functional test of the deluge-type water spray 
fire suppression systems by actuating the system and watching its 
performance; and (c) record the results of the examination and 
functional test in a book maintained on the surface for that purpose. 
The record will be made available to the authorized representative of 
the Secretary and retained at the mine for one year; (2) any 
malfunction or clogged nozzle detected as a result of the weekly 
examination or functional test will be corrected immediately; and (3) 
the procedure used to perform the functional test will be posted at or 
near each belt drive that utilizes a deluge-type water spray fire 
suppression system. The petitioner asserts that the proposed 
alternative method will provide a measure of protection equal to or 
greater than that of the standard.

    Docket Number: M-2010-012-C.
    Petitioner: White Buck Coal Company, P.O. Box 180, Leivasy, West 
Virginia 26676.
    Mine: Grassy Creek Mine, MSHA I.D. No. 46-08365 and Hominy Creek 
Mine, MSHA I.D. No. 46-09266, located in Nicholas County, West 
Virginia; and Pocahontas Mine, MSHA I.D. No. 46-09154, located in 
Greenbrier County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of blow-off dust covers for the 
spray nozzles of a deluge-type water spray system. As an alternative to 
using the blow-off dust covers, the petitioner proposes the following 
terms and conditions: (1) A person trained in the testing procedures 
specific to the deluge-type water spray fire suppression systems 
utilized at each belt drive will once each week: (a) Conduct a visual 
examination of each of the deluge-type water spray fire suppression 
systems; (b) conduct functional test of the deluge-type water spray 
fire suppression systems by actuating the system and watching its 
performance; and (c) record the results of the examination and 
functional test in a book maintained on the surface for that purpose. 
The record will be made available to the authorized representative of 
the Secretary and retained at the mine for one year; (2) any 
malfunction or clogged nozzle detected as a result of the weekly 
examination or functional test will be corrected immediately; and (3) 
the procedure used to perform the functional test will be posted at or 
near each belt drive that utilizes a deluge-type water spray fire 
suppression system. The petitioner asserts that the proposed 
alternative method will provide a measure of protection equal to or 
greater than that of the standard.

    Docket Number: M-2010-013-C.
    Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149, 
Friedens, Pennsylvania 15541.
    Mine: Quecreek No. 1 Mine, MSHA I. D. No. 36-08746, and Roytown 
Deep Mine, MSHA I.D. No. 36-09260, located in Somerset County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternate method of compliance with the 
blow-off dust cover requirement at deluge-type water spray systems. In 
lieu of using blow-off dust covers, the petitioner proposes to: (1) 
Once every 7 days, a person trained in the testing procedures specific 
to the water deluge-type fire suppression systems utilized at each belt 
drive will: (a) Conduct a visual examination of each water deluge-type 
fire suppression system; (b) conduct a functional test of the water 
deluge-type fire suppression systems by actuating the system; and (c) 
any malfunction or clogged nozzle detected as a result of the 
examination and functional test will be recorded in a book maintained 
on the surface for that purpose. The record will be made available to 
the authorized representative of the Secretary and retained at the mine 
for one year; (2) any malfunction or clogged nozzle detected as a 
result of the weekly examination or functional test will be corrected 
immediately; (3) the written procedure used to perform the functional 
test will be provided to each individual trained in the testing 
procedure for reference; and (4) conducting weekly functional tests of 
the water deluge-type fire suppression systems as the proposed 
alternative method will provide for a level of safety equal to or 
greater than the statute in place. 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-2010-014-C.
    Petitioner: Sunrise Coal, LLC, 1183, East Canvasback Drive, Terre 
Haute, Indiana 47802.
    Mine: Carlisle Mine, MSHA I.D. No. 12-02349, located in Sullivan 
County, Indiana.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit weekly examinations and functional testing 
of the deluge-type water fire suppression systems in lieu of providing 
blow-off dust covers. The petitioner states that: (1) Conducting a 
weekly examination and functional test of the deluge water fire 
suppression systems will provide an improvement in safety and insure 
that the spray nozzles do not become plugged; and (2) replacing the 
dust caps creates an unnecessary hazard by exposing miners

[[Page 16188]]

to the risk of a slip/fall type accident. The petitioner asserts that 
this petition upon approval will be mandated throughout the Carlisle 
Mine and will provide no less than the same measure of protection 
afforded by the standard.

    Docket Number: M-2010-015-C.
    Petitioner: Sunrise Coal, LLC, 1183 East Canvasback Drive, Terre 
Haute, Indiana 47802.
    Mine: Carlisle Mine, MSHA I.D. No. 12-02349, located in Sullivan 
County, Indiana.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit mine through or near (whenever the safety 
barrier diameter is reduced to a distance less than the District 
Manager would approve pursuant to 75.1700) plugged oil and gas wells 
penetrating the Indian V coal seam. The petitioner has listed in this 
petition a complete list of procedures to be utilized when plugging oil 
and gas wells. Persons may review these 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 to the miners under 30 CFR 75.1700.

    Docket Number: M-2010-016-C.
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
Virginia 24282.
    Mine: Huff Creek No. 1 Mine, MSHA I.D. No. 15-17234, Darby Fork No. 
1 Mine, MSHA I.D. No. 15-02263, Clover Fork No. 1 Mine, MSHA I.D. No. 
15-18647, all located in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.208 (Warning devices).
    Modification: The petitioner requests a modification of the 
existing standard to permit a readily visible warning to be posted, or 
a physical barrier to be installed on the second row of permanent roof 
support outby unsupported roof to impede travel beyond permanent 
support, except during the installation of roof supports. The 
petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection afforded by 
the appropriate portion of 30 CFR 75.208.

    Dated: March 26, 2010.
Patricia W. Silvey,
Director.
[FR Doc. 2010-7197 Filed 3-30-10; 8:45 am]
BILLING CODE 4510-43-P