Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Notices 2721 

redesignate as Certifying Officers for the 

TAA program: 

a. Del Min Amy Chen, Program 

Analyst, Office of Trade Adjustment 

Assistance 

b. Michael W. Jaffe, Program Analyst, 

Office of Trade Adjustment Assistance 

c. Hope D. Kinglock, Program Analyst, 

Office of Trade Adjustment Assistance 

d. Elliott S. Kushner, Program 

Analyst, Office of Trade Adjustment 

Assistance 

e. Norris T. Tyler III. Director, 

Division of Management Information 

Systems and Investigations, Office of 

Trade Adjustment Assistance 

The foregoing officials are delegated 

authority and assigned responsibility, 

subject to the general direction and 

control of the Assistant Secretary and 

Deputy Assistant Secretaries of the 

Employment and Training 

Administration, and the Director of the 

Office of Trade Adjustment Assistance 

or the successor office, to carry out the 

duties and functions of Certifying 

Officers under 29 CFR part 90 and any 

succeeding regulations. 

5. Effective Date. This order is 

effective on date of issuance. 

This order rescinds ETO 1–09. 

This Employment and Training Order 

No. 1–11 was signed by Jane Oates on 

1/11/11. 

Dated: Signed this 11th day January 2010. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2011–825 Filed 1–13–11; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Affirmative Decisions on Petitions for 

Modification Granted in Whole or in 

Part 

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 Federal Register 

Notice (FR Notice) notifies the public 

that it has investigated and issued a 

final decision on certain mine operator 

petitions to modify a safety standard. 

ADDRESSES: Copies of the final decisions 

are posted on MSHA’s Web Site at 

http://www.msha.gov/indexes/ 

petition.htm. The public may inspect 

the petitions and final decisions during 

normal business hours in MSHA’s 

Office of Standards, Regulations and 

Variances, 1100 Wilson Boulevard, 

Room 2349, Arlington, Virginia 22209. 

All visitors must first stop at the 

receptionist desk on the 21st Floor to 

sign-in. 

FOR FURTHER INFORMATION CONTACT: 

Roslyn B. Fontaine, Acting Director, 

Office of Standards, Regulations and 

Variances at 202–693–9475 (Voice), 

fontaine.roslyn@dol.gov (E-mail), or 

202–693–9441 (Telefax), or Barbara 

Barron at 202–693–9447 (Voice), 

barron.barbara@dol.gov (E-mail), or 

202–693–9441 (Telefax). [These are not 

toll-free numbers]. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Under section 101 of the Federal Mine 

Safety and Health Act of 1977, a mine 

operator may petition and the Secretary 

of Labor (Secretary) may modify the 

application of a mandatory safety 

standard to that mine if the Secretary 

determines that: (1) An alternative 

method exists that will guarantee no 

less protection for the miners affected 

than that provided by the standard; or 

(2) that the application of the standard 

will result in a diminution of safety to 

the affected miners. 

MSHA bases the final decision on the 

petitioner’s statements, any comments 

and information submitted by interested 

persons, and a field investigation of the 

conditions at the mine. In some 

instances, MSHA may approve a 

petition for modification on the 

condition that the mine operator 

complies with other requirements noted 

in the decision. 

II. Granted Petitions for Modification 

On the basis of the findings of 

MSHA’s investigation, and as designee 

of the Secretary, MSHA has granted or 

partially granted the following petitions 

for modification: 

• Docket Number: M–2009–009–C 

FR Notice: 74 FR 23746 (May 20, 

2009). 

Petitioner: Twentymile Coal 

Company, Suite 1340, 401 Liberty 

Avenue, Pittsburgh, Pennsylvania 

15222. 

Mine: Foidel Creek Mine, MSHA I.D. 

No. 05–03836, located in Routt County, 

Colorado. 

Regulation Affected: 30 CFR 75.312(c) 

and (d) (Main mine fan examinations 

and records). 

• Docket Number: M–2009–019–C 

FR Notice: 74 FR 34371 (July 15, 

2009). 

Petitioner: Process Energy Mining 

Company, 115 North Big Creek Road, 

P.O. Box 299, Sidney, Kentucky 41564. 

Mine: Mine No. 1, MSHA I.D. No. 15– 

19097, located in Pike County, 

Kentucky. 

Regulation Affected: 30 CFR 

75.380(d)(3) (Escapeways; bituminous 

and lignite mines). 

• Docket Number: M–2009–054–C 

FR Notice: 74 FR 3258 (January 20, 

2010). 

Petitioner: Pinnacle Mining Company, 

P.O. Box 338, Pineville, West Virginia 

24874. 

Mine: Pinnacle Mine, MSHA I.D. No. 

46–01816, located in Wyoming County, 

West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1 (Electric equipment other than powerconnection points; outby the last open 

crosscut; return air; permissibility 

requirements). 

• Docket Number: M–2010–014–C 

FR Notice: 75 FR 10187 (March 31, 

2010). 

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). 

• Docket Number: M–2010–002–M 

FR Notice: 75 FR 34487 (June 17, 

2010). 

Petitioner: Solvay Chemicals, Inc., 

P.O. Box 1167, 400 County Road 85, 

Green River, Wyoming 82935. 

Mine: Solvay Chemicals, Inc., Mine, 

MSHA I.D. No. 48–01295, located in 

Sweetwater County, Wyoming. 

Regulation Affected: 30 CFR 57.22305 

(Approved equipment (III mines)). 

• Docket Number: M–2010–004–C 

FR Notice: 75 FR 12796 March 17, 

2010). 

Petitioner: Jim Walter Resources, Inc., 

P.O. Box 133, Brookwood, Alabama 

35444. 

Mine: No. 7 Mine, MSHA I.D. No. 01– 

01401, located in Tuscaloosa County, 

Alabama. 

Regulation Affected: 30 CFR 75.507 

(power connection points). 

• Docket Number: M–2010–030–C 

FR Notice: 75 FR 41530 (July 16, 

2010). 

Petitioner: Rosebud Mining Company, 

301 Market Street, Kittanning, 

Pennsylvania 16201. 

Mine: Beaver Valley Mine, MSHA I.D. 

No. 36–08725, located in Beaver 

County, Pennsylvania and Cherry Tree 

Mine, MSHA I.D. No. 36–09224, located 

in Indiana County, Pennsylvania. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

• Docket Number: M–2009–063–C 

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2722 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Notices 

FR Notice: 75 FR 3253 (January 20, 

2010). 

Petitioner: Prairie State Generating 

Company, LLC, 4274 County Highway 

12, Marissa, Illinois 62257. 

Mine: Lively Grove Mine, MSHA I.D. 

No. 11–03193, located in Washington 

County, Illinois. 

Regulation Affected: 30 CFR 

75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and 

performance requirements). 

• Docket Number: M–2009–001–M 

FR Notice: 74 FR 23745 (May 20, 

2009). 

Petitioner: General Chemical (Soda 

Ash) Partners. 

Mine: General Chemical Mine, MSHA 

I.D. No. 48–00155, located in 

Sweetwater County, Wyoming. 

Regulation Affected: 30 CFR 57.22305 

(Approved equipment (III mines) and 30 

CFR 18.35 (Portable (trailing) cables and 

cords). 

Dated: January 10, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–686 Filed 1–13–11; 8:45 am] 

BILLING CODE 4510–43–P 

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 February 14, 2011. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

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: Roslyn B. Fontaine, Acting 

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: Roslyn B. Fontaine, 

Acting 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–2010–044–C. 

Petitioner: Emerald Coal Resources, 

LP, Three Gateway Center, Suite 1340, 

401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222–1000. 

Mine: Emerald Mine, MSHA I.D. No. 

36–05466, located in Greene County, 

Pennsylvania. 

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 the standard 

with respect to vertical degasification 

wells with horizontal laterals into the 

underground coal seam. The Emerald 

Mine proposes to plug vertically drilled 

degasification gas wells in order to mine 

through them. The petitioner proposes 

to use the following procedures when 

mining through vertically drilled 

degasification boreholes with horizontal 

laterals to permit mining through the 

boreholes: (a) Plugging Procedures: (1) 

The borehole will be filled with flexible 

gel prior to the anticipated mine 

through. Alternative grouting methods 

including cementations or polyurethane 

grout may be used; (2) a packer will be 

installed at a location in the lateral to 

ensure that an appropriate amount of 

the lateral will be filled with gel; (3) any 

water present in the hole will be tested 

for chlorides prior to the time of the 

gelling. The gel quality will be adjusted 

to compensate for the chloride 

concentration; (4) a triplex piston pump 

will be utilized to pump (1.75) times the 

calculated hole volume of gel 

underground. The calculated volume of 

gel will be pumped until the volume of 

gel is depleted, (100–140) psi pressure 

is realized, or until gel leakage is 

observed along the ribs underground. 

The gel will be pumped through the 

drill string and inflated packer equipped 

with a one-way check valve. After the 

calculated (1.75) times the hole volume 

of gel has been pumped, a robber wiper 

will be run down the string under the 

wiper to the top of the packer will be 

the final gel injection pressure. The oneway check valve will prevent the gel to 

flow back into the drill string; and (5) 

the volume of fill required will be 

calculated and (1.75) times that amount 

will be pumped unless the (100–140) 

psi pressure is reached: (b) Procedures 

for mining through degasification 

boreholes that are plugged as specified: 

(1) Prior to mining within 300 feet of the 

boreholes or lateral, MSHA, the Bureau 

of Deep Mine Safety, and a 

representative of the miners will be 

notified. This notification will be both 

verbally and through a letter 

accompanied by a drawing of the 

borehole location and a copy of a 

certification that plugging has occurred 

as specified in this petition; (2) the 

District Mine inspector from the Bureau 

of Deep Mine Safety, MSHA District 

Manager, and a representative of the 

United Mine Workers of America will 

be notified in sufficient time prior to the 

mining through to have representatives 

present during the actual mining 

through operations if they so choose; (3) 

at the beginning of the shift in which a 

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