Petitions for Modification of Existing Mandatory Safety Standards, 49536-49537 [2010-19944]
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Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices
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(2) if it appears that the determination
complained of was based on a mistake in the
determination of facts not previously
considered; or
(3) if in the opinion of the Certifying
Officer, a misinterpretation of facts or of the
law justified reconsideration of the decision.
The negative determination
applicable to workers and former
workers at Lochmoor Chrysler Jeep,
Detroit, Michigan, was based on the
findings that the subject firm did not,
during the period under investigation,
shift to a foreign country sales services
like or directly competitive with the
sales services supplied by the workers
or acquire these services from a foreign
country; that the workers’ separation, or
threat of separation, was not related to
any increase in imports of like or
directly competitive services; and that
the workers did not supply a service
that was directly used in the production
of an article or the supply of service by
a firm that employed a worker group
that is eligible to apply for TAA based
on the aforementioned article or service.
In the request for reconsideration, the
petitioner states that the ‘‘trend of
Americans buying foreign cars has
caused the fortunes of Chrysler to enter
bankruptcy * * * causing the car sales
companies like Lochmoor to lose there
dealerships * * * foreign car sales lots
have opened up in its place.’’
During the initial investigation, the
Department obtained information from
the subject firm that revealed that the
sales services supplied by the workers
were not shifted abroad by the subject
firm or acquired from a foreign source.
Production of automobiles is not
directly competitive with the sales
services provided by the workers.
Further, 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 the 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
VerDate Mar<15>2010
16:35 Aug 12, 2010
Jkt 220001
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 4th day of
August, 2010.
Del Min Amy Chen,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. 2010–20034 Filed 8–12–10; 8:45 am]
BILLING CODE 4510–FN–P
Mine Safety and Health Administration
Petitions for Modification of Existing
Mandatory Safety Standards
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Notice.
AGENCY:
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.
SUMMARY:
All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before September 13, 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,
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.
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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
DEPARTMENT OF LABOR
DATES:
Individuals may inspect copies of the
petitions and comments during normal
business hours at the address listed
above.
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–2010–031–C.
Petitioner: D & C Mining Corporation,
P.O. Box 148, Fries, Virginia 24330.
Mine: D & C Mining Corporation
Mine, MSHA I.D. No. 15–18182, located
in Harlan, County, Kentucky.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements) and 30 CFR
18.35(a)(5)(i)(ii) (Portable (trailing)
cables and cords).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an increase in the
maximum length of trailing cables
supplying power to permissible pumps
at the mine. The petitioner states that:
(1) This petition will apply only to
trailing cables supplying three-phase,
480-volt power for permissible pumps;
(2) the maximum length of the 480-volt
power for permissible pumps will be
2100 feet; (3) the 480-volt power for
permissible pump trailing cables will
not be smaller than #6 American Wire
Gauge (AWG); (4) all circuit breakers
used to protect trailing cables exceeding
the pump approval length or Table 9 of
30 CFR Part 18 will have an
instantaneous trip unit calibrated to trip
at 70 percent of phase-to-phase short-
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Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Notices
circuit current. The trip setting of these
circuit breakers will be sealed or locked,
and these circuit breakers will have
permanent, legible labels. Each label
will identify the circuit breaker as being
suitable for protecting the trailing
cables. This label will be maintained
legible; (5) replacement instantaneous
trip units, used to protect pump trailing
cables exceeding the length of item #4
will be calibrated to trip at 70 percent
of the available phase to phase shortcircuit current and this setting will be
sealed or locked; (6) permanent warning
labels will be installed and maintained
on the covers of the power center to
identify the location of each sealed or
locked short-circuit protection device.
These labels will warn miners not to
change or alter these short-circuit
settings; (7) all future pump
installations with excessive cable
lengths will have a short-circuit survey
conducted and items 1–6 will be
implemented. A copy of each pumps
short-circuit survey will be available at
the mine site for inspection; (8) the
proposed alternative method will not be
implemented until miners who have
been designated to examine the integrity
of seals or locks, verify the short-circuit
settings, and proper procedures for
examining trailing cable for defects and
damage have received training in the
following elements: (a) Training in
mining methods and operating
procedures that will protect the trailing
cables against damage; (b) training in
the proper procedures for examining the
trailing cables to ensure the cables are
in safe operating condition; (c) training
in hazards of setting the instantaneous
circuit breakers too high to adequately
protect the trailing cables, and (d)
training in how to verify the circuit
interrupting device(s) protecting the
trailing cable(s) are properly set and
maintained; and (9) within sixty days
after this petition is granted, proposed
revisions for approved 30 CFR part 48
training plans will be submitted to the
District Manager for the area in which
the mine is located. The petitioner
further states that the procedures of 30
CFR 48.3 for approval of proposed
revisions to already approved training
plans will apply. The petitioner asserts
that the proposed alternative method
will at all times guarantee no less than
the same measure of protection to all
miners than is provided by the existing
standards.
Docket Number: M–2010–032–C.
Petitioner: M–Class Mining Company,
P.O. Box 227, Johnston City, Illinois
62951.
Mine: MC No. 1 Mine, MSHA I.D. No.
11–03189, located in Franklin County,
Illinois.
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16:35 Aug 12, 2010
Jkt 220001
Regulation Affected: 30 CFR 75.1700
(Oil and gas wells).
Modification Request: The petitioner
requests a modification of the existing
standard to permit cleaning out,
preparing, plugging and replugging of
oil and gas wells utilizing the following
terms and conditions: 1. District
Manager Approval; (a) 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
to include all active, inactive,
abandoned, shut-in, previously plugged
wells, and water injection wells, until
approval to proceed with mining has
been obtained from the District
Manager. After District Manager
approval, the mine operator will then
mine within the safety barrier of the
well, subject to the terms and conditions
of this petition. 2. Plugging, and
Replugging or Gas Wells; (1) the
operator will completely clean out the
well from the surface to at least 200 feet
below the base of the lowest mineable
coal seam, unless the District Manager
requires cleaning to a greater depth
based on his judgment as to what is
required due to the geological strata or
due to the pressure within the well (the
operator will provide the District
Manager with all information it
possesses concerning the geologic
nature of the strata and the pressure of
the well). The operator will remove all
material from the entire diameter of the
well, wall to wall; (2) the operator will
prepare down-hole logs for each well.
They will consist of a caliper survey and
log(s) suitable for determining the top,
bottom, and thickness of all coal seams
and potential hydrocarbon producing
strata and the location for a bridge plug.
In addition, a journal will be maintained
describing the depth and nature of each
material encountered. The bit size and
type used to drill each portion of the
hole; length and type of each material
used to plug the well; length of casing(s)
removed, perforated or ripped or left in
place, any sections where casing was
cut or milled; and other pertinent
information concerning cleaning and
sealing the well. Invoices, work-orders,
and other records relating to all work on
the well will be maintained as part of
this journal and provided to MSHA
upon request; (3) When cleaning out the
well, the operator will make a diligent
effort to remove all of the casing in the
well. If it is not possible to remove all
of the casing, the operator will take
appropriate steps to ensure that the
annulus between the casing and
between the casings and the well walls
are filled with expanding (minimum
0.5% expansion upon setting) cement
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49537
and contain no voids. The casing will be
cut or milled at all mineable coal seam
levels if it cannot be removed. Any
casing that remains will be perforated or
ripped. If the operator, using a casing
bond log, can demonstrate to the
satisfaction of the District Manager that
all annuli in the well are already
adequately sealed with cement, the
operator will not be required to
perforate or rip the casing for that
particular well. When multiple casing
and tubing strings are present in the
coal horizon, any casing that remains
will be ripped or perforated and filled
with expanding cement as indicated
above. An acceptable casing bond log
for each casing and tubing string is
needed if used in lieu of ripping or
perforating multiple strings. The
petitioner has listed a complete list of
procedures that will be utilized when
cleaning out, preparing, plugging, and
replugging oil or gas wells. Persons may
review these procedures at the MSHA
address listed in this notice. The
petitioner states that: (1) Within 30 days
after this petition becomes final,
revisions for the 30 CFR part 48 training
plan will be submitted to the District
Manager. The proposed revisions will
include initial and refresher training
regarding compliance with the terms
and conditions stated in this petition.
All miners in the mine-through of a well
will be provided with training regarding
the requirements of this petition prior to
mining within 150 feet of the next well
to be mined through; (2) the responsible
person required by 30 CFR 75.1501 will
be responsible for well intersection
emergencies. The well intersection
procedures will be reviewed by the
responsible person prior to any planned
intersection; and (3) within 30 days after
this petition becomes final, the operator
will submit proposed revisions for its
approved mine emergency evacuation
and firefighting plan required by 30 CFR
75.1501. The operator will revise the
plans to include the hazards and
evacuation procedures to be used for
well intersections. All underground
miners will be trained in the revised
plans within 30 days of submittal of the
revised evacuation plans. 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.
Patricia W. Silvey,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. 2010–19944 Filed 8–12–10; 8:45 am]
BILLING CODE 4510–43–P
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]]>Agencies
[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49536-49537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19944]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Existing Mandatory Safety Standards
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
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 September 13, 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 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-2010-031-C.
Petitioner: D & C Mining Corporation, P.O. Box 148, Fries, Virginia
24330.
Mine: D & C Mining Corporation Mine, MSHA I.D. No. 15-18182,
located in Harlan, County, Kentucky.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements) and 30 CFR 18.35(a)(5)(i)(ii) (Portable
(trailing) cables and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit an increase in the maximum length of
trailing cables supplying power to permissible pumps at the mine. The
petitioner states that: (1) This petition will apply only to trailing
cables supplying three-phase, 480-volt power for permissible pumps; (2)
the maximum length of the 480-volt power for permissible pumps will be
2100 feet; (3) the 480-volt power for permissible pump trailing cables
will not be smaller than 6 American Wire Gauge (AWG); (4) all
circuit breakers used to protect trailing cables exceeding the pump
approval length or Table 9 of 30 CFR Part 18 will have an instantaneous
trip unit calibrated to trip at 70 percent of phase-to-phase short-
[[Page 49537]]
circuit current. The trip setting of these circuit breakers will be
sealed or locked, and these circuit breakers will have permanent,
legible labels. Each label will identify the circuit breaker as being
suitable for protecting the trailing cables. This label will be
maintained legible; (5) replacement instantaneous trip units, used to
protect pump trailing cables exceeding the length of item 4
will be calibrated to trip at 70 percent of the available phase to
phase short-circuit current and this setting will be sealed or locked;
(6) permanent warning labels will be installed and maintained on the
covers of the power center to identify the location of each sealed or
locked short-circuit protection device. These labels will warn miners
not to change or alter these short-circuit settings; (7) all future
pump installations with excessive cable lengths will have a short-
circuit survey conducted and items 1-6 will be implemented. A copy of
each pumps short-circuit survey will be available at the mine site for
inspection; (8) the proposed alternative method will not be implemented
until miners who have been designated to examine the integrity of seals
or locks, verify the short-circuit settings, and proper procedures for
examining trailing cable for defects and damage have received training
in the following elements: (a) Training in mining methods and operating
procedures that will protect the trailing cables against damage; (b)
training in the proper procedures for examining the trailing cables to
ensure the cables are in safe operating condition; (c) training in
hazards of setting the instantaneous circuit breakers too high to
adequately protect the trailing cables, and (d) training in how to
verify the circuit interrupting device(s) protecting the trailing
cable(s) are properly set and maintained; and (9) within sixty days
after this petition is granted, proposed revisions for approved 30 CFR
part 48 training plans will be submitted to the District Manager for
the area in which the mine is located. The petitioner further states
that the procedures of 30 CFR 48.3 for approval of proposed revisions
to already approved training plans will apply. The petitioner asserts
that the proposed alternative method will at all times guarantee no
less than the same measure of protection to all miners than is provided
by the existing standards.
Docket Number: M-2010-032-C.
Petitioner: M-Class Mining Company, P.O. Box 227, Johnston City,
Illinois 62951.
Mine: MC No. 1 Mine, MSHA I.D. No. 11-03189, located in Franklin
County, Illinois.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard to permit cleaning out, preparing, plugging and
replugging of oil and gas wells utilizing the following terms and
conditions: 1. District Manager Approval; (a) 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 to include all active,
inactive, abandoned, shut-in, previously plugged wells, and water
injection wells, until approval to proceed with mining has been
obtained from the District Manager. After District Manager approval,
the mine operator will then mine within the safety barrier of the well,
subject to the terms and conditions of this petition. 2. Plugging, and
Replugging or Gas Wells; (1) the operator will completely clean out the
well from the surface to at least 200 feet below the base of the lowest
mineable coal seam, unless the District Manager requires cleaning to a
greater depth based on his judgment as to what is required due to the
geological strata or due to the pressure within the well (the operator
will provide the District Manager with all information it possesses
concerning the geologic nature of the strata and the pressure of the
well). The operator will remove all material from the entire diameter
of the well, wall to wall; (2) the operator will prepare down-hole logs
for each well. They will consist of a caliper survey and log(s)
suitable for determining the top, bottom, and thickness of all coal
seams and potential hydrocarbon producing strata and the location for a
bridge plug. In addition, a journal will be maintained describing the
depth and nature of each material encountered. The bit size and type
used to drill each portion of the hole; length and type of each
material used to plug the well; length of casing(s) removed, perforated
or ripped or left in place, any sections where casing was cut or
milled; and other pertinent information concerning cleaning and sealing
the well. Invoices, work-orders, and other records relating to all work
on the well will be maintained as part of this journal and provided to
MSHA upon request; (3) When cleaning out the well, the operator will
make a diligent effort to remove all of the casing in the well. If it
is not possible to remove all of the casing, the operator will take
appropriate steps to ensure that the annulus between the casing and
between the casings and the well walls are filled with expanding
(minimum 0.5% expansion upon setting) cement and contain no voids. The
casing will be cut or milled at all mineable coal seam levels if it
cannot be removed. Any casing that remains will be perforated or
ripped. If the operator, using a casing bond log, can demonstrate to
the satisfaction of the District Manager that all annuli in the well
are already adequately sealed with cement, the operator will not be
required to perforate or rip the casing for that particular well. When
multiple casing and tubing strings are present in the coal horizon, any
casing that remains will be ripped or perforated and filled with
expanding cement as indicated above. An acceptable casing bond log for
each casing and tubing string is needed if used in lieu of ripping or
perforating multiple strings. The petitioner has listed a complete list
of procedures that will be utilized when cleaning out, preparing,
plugging, and replugging oil or gas wells. Persons may review these
procedures at the MSHA address listed in this notice. The petitioner
states that: (1) Within 30 days after this petition becomes final,
revisions for the 30 CFR part 48 training plan will be submitted to the
District Manager. The proposed revisions will include initial and
refresher training regarding compliance with the terms and conditions
stated in this petition. All miners in the mine-through of a well will
be provided with training regarding the requirements of this petition
prior to mining within 150 feet of the next well to be mined through;
(2) the responsible person required by 30 CFR 75.1501 will be
responsible for well intersection emergencies. The well intersection
procedures will be reviewed by the responsible person prior to any
planned intersection; and (3) within 30 days after this petition
becomes final, the operator will submit proposed revisions for its
approved mine emergency evacuation and firefighting plan required by 30
CFR 75.1501. The operator will revise the plans to include the hazards
and evacuation procedures to be used for well intersections. All
underground miners will be trained in the revised plans within 30 days
of submittal of the revised evacuation plans. 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.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-19944 Filed 8-12-10; 8:45 am]
BILLING CODE 4510-43-P
