69412 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Notices 

reporting requirements, and the Benefits 

Accuracy Measurement (BAM), Tax 

Performance System (TPS), and Data 

Validation (DV) programs. States are 

requested to submit the SQSP and the 

required signature page electronically. 

Type of Review: Extension. 

Agency: Employment and Training 

Administration. 

Title: Unemployment Insurance State 

Quality Service Plan (SQSP) 

OMB Number: 1205–0132. 

Affected Public: State Workforce 

Agencies (SWAs). 

Total Respondents: 53. 

Frequency: Annually. 

Average Time per Response: 3.14 

hours. 

Estimated Total Burden Hours: 1829 

hours. 

Estimated Total Burden Cost: $0.

Cheryl Atkinson, 

Administrator, Office of Workforce Security.

[FR Doc. E4–3355 Filed 11–26–04; 8:45 am] 

BILLING CODE 4510–30–P

DEPARTMENT OF LABOR

Employment and Training 

Administration 

Information Regarding the Relocation 

of Foreign Labor Certification Staff in 

the Dallas and Philadelphia Regional 

Offices to the Dallas and Philadelphia 

Backlog Processing Centers and 

Information Regarding H–1B and H–

1B1 Case Processing

AGENCY: Employment and Training 

Administration, Labor.

ACTION: Notice.

SUMMARY: The Employment and 

Training Administration (ETA) of the 

Department of Labor (Department or 

DOL) is issuing this notice to announce 

that DOL has moved its Foreign Labor 

Certification field staff in the Dallas and 

Philadelphia Regional Offices to the 

new Dallas and Philadelphia Backlog 

Processing Centers. This notice provides 

the public in the Dallas and 

Philadelphia regions with contact 

information regarding these two new 

processing centers. All foreign labor 

certification processing activities 

previously conducted in the Dallas or 

Philadelphia Regional Offices will now 

be assumed by the corresponding Dallas 

or Philadelphia Backlog Processing 

Center. 

The Backlog Processing Centers shall 

continue these functions on an interim 

basis and ETA shall publish a Federal 

Register notice in the near future 

providing guidance as to the handling of 

backlogged cases with the State 

Workforce Agencies (SWAs). 

Employers should continue, until 

ETA publishes future guidance on this 

issue, to file applications for H–2B and 

H–2A, as well as applications for 

permanent labor certification with the 

appropriate SWA, which will, in turn, 

forward materials to the appropriate 

Backlog Processing Center. 

Effective November 30, 2004, H–1B 

and H–1B1 filings must use a new form, 

as discussed below.

FOR FURTHER INFORMATION CONTACT:

William Carlson, Chief, Division of 

Foreign Labor Certification, 

Employment and Training 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Room C–4312, Washington, DC 20210; 

Telephone: (202) 693–3010 (this is not 

a toll-free number).

SUPPLEMENTARY INFORMATION: The Dallas 

and Philadelphia Backlog Processing 

Centers partially opened September 27, 

2004 and have assumed the 

responsibility for processing 

Applications for Alien Employment 

Certification (ETA Form 750) for 

Permanent Employment, and H2–A, and 

H2–B applications previously processed 

by ETA’s Dallas or Philadelphia 

Regional Offices. H–1B and H–1B1 

program notice: A new version of the 

form ETA 9035, Labor Condition 

Application (LCA), will be required, to 

be used as of November 30, 2004 for 

both H–1B and H–1B1 filings. The new 

form incorporates the distinction 

between H–1B and H–1B1 Singapore 

and H–1B1 Chile programs, updates 

OMB approval information, and 

removes the ‘‘Government Use Only’’

section. Starting on approximately 

November 15, 2004, H–1B and H–1B1 

filings using the revised ETA Form 9035 

will be accepted at the existing 

Application Processing Center address 

and fax number set forth below. The 

new form will be available for use on 

the LCA Online Web site (http://

www.lca.doleta.gov). As of November 

30, 2004, the new ETA Form 9035 must

be used by both H–1B and H–1B1 filers, 

and the H–1B1 applications for 

Singapore and Chile will no longer be 

accepted at the Washington, DC, address 

previously included in H–1B1 program 

instructions. 

The H1–B and H–1B1 address and fax 

number are: ETA Application 

Processing Center, P.O. Box 13640, 

Philadelphia, PA 19101, Fax: 800–397–

0478. 

This notice does not affect the 

pending proposal to streamline 

procedures for permanent labor 

certification under 20 CFR part 656, 

which was published in the Federal 

Register on May 6, 2002. 

ADDRESSES: The following new 

addresses, phone numbers, and fax 

numbers should be used by employers 

and by State Workforce Agencies for 

either inquiries or for the forwarding of 

application materials, as appropriate. 

Please note: For all application 

materials, inquiries, and other 

correspondence sent to either the Dallas 

or Philadelphia Backlog Processing 

Center, envelopes should be clearly 

marked according to the appropriate 

program type, i.e., Permanent, H2–A or 

H2–B. 

Dallas Backlog Processing Center 

Address: ETA/DFLC Backlog Processing 

Center, U.S. Department of Labor, 700 

North Pearl Street, Suite 400 N, Dallas, 

TX 75201, Phone: 214–237–9111, Fax: 

214–237–9135. 

Philadelphia Backlog Processing 

Center Address: ETA/DFLC Backlog 

Processing Center, U.S. Department of 

Labor, 1 Belmont Avenue, Suite 200, 

Bala Cynwyd, PA 19004, Phone: 484–

270–1500, Fax: 484–270–1600.

Signed in Washington, DC, this 19th day of 

November, 2004. 

Emily Stover DeRocco, 

Assistant Secretary, Employment and 

Training Administration.

[FR Doc. E4–3352 Filed 11–26–04; 8:45 am] 

BILLING CODE 4510–30–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration 

Summary of Decisions Granting in 

Whole or in Part Petitions for 

Modification

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor.

ACTION: Notice of affirmative decisions 

issued by the Administrators for Coal 

Mine Safety and Health and Metal and 

Nonmetal Mine Safety and Health on 

petitions for modification of the 

application of mandatory safety 

standards. 

SUMMARY: Under section 101 of the 

Federal Mine Safety and Health Act of 

1977, the Secretary of Labor (Secretary) 

may allow the modification of the 

application of a mandatory safety 

standard to a mine if the Secretary 

determines either that an alternate 

method exists at a specific mine that 

will guarantee no less protection for the 

miners affected than that provided by 

the standard, or that the application of 

the standard at a specific mine will 

result in a diminution of safety to the 

affected miners. 

Final decisions on these petitions are 

based on the petitioner’s statements, 

Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Notices 69413

comments and information submitted 

by interested persons, and a field 

investigation of the conditions at the 

mine. MSHA, as designee of the 

Secretary, has granted or partially 

granted the requests for modification 

listed below. In some instances, the 

decisions are conditioned upon 

compliance with stipulations stated in 

the decision. The term FR Notice 

appears in the list of affirmative 

decisions below. The term refers to the 

Federal Register volume and page 

where MSHA published a notice of the 

filing of the petition for modification.

FOR FURTHER INFORMATION CONTACT:

Petitions and copies of the final 

decisions are available for examination 

by the public in the Office of Standards, 

Regulations, and Variances, MSHA, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209. For further 

information contact Barbara Barron at 

(202) 693–9447.

Dated at Arlington, Virginia this 19th day 

of November 2004. 

Marvin W. Nichols, Jr., 

Director, Office of Standards, Regulations, 

and Variances.

Affirmative Decisions on Petitions for 

Modification 

Docket No.: M–2003–015–C. 

FR Notice: 68 FR 15245. 

Petitioner: Mettiki Coal, LLC. 

Regulation Affected: 30 CFR 

75.1325(c). 

Summary of Findings: Petitioner’s 

proposal is to conduct blasting in 

certain locations on the longwall face of 

the Mettiki Mine without always 

requiring all miners to leave the face to 

go to an area that is around at least one 

corner from the blasting area. The 

blasting will be conducted at longwall 

faces at locations more than 200 feet 

inby the headgate. This is considered an 

acceptable alternative method for the 

Mettiki Mine. MSHA grants the petition 

for modification for the Mettiki Mine 

with conditions. 

Docket No.: M–2003–062–C. 

FR Notice: 68 FR 57932. 

Petitioner: Tito Coal. 

Regulation Affected: 30 CFR 

75.1002(a). 

Summary of Findings: Petitioner’s 

proposal is to use non-permissible 

electric equipment such as drags and 

battery locomotives within 150 feet of 

the pillar line due in part to the method 

of mining used in anthracite mines and 

the alternative evaluation of the mine 

air quality for methane on an hourly 

basis during operation. This is 

considered an acceptable alternative 

method for the Whites Vein Slope Mine. 

MSHA grants the petition for 

modification for the use of nonpermissible battery-powered 

locomotives and associated nonpermissible electric components located 

within 150 feet from pillar workings for 

the Whites Vein Slope Mine with 

conditions. 

Docket No.: M–2003–077–C. 

FR Notice: 68 FR 64129. 

Petitioner: Consolidation Coal 

Company. 

Regulation Affected: 30 CFR 75.507. 

Summary of Findings: Petitioner’s 

proposal is to install non-permissible 

submersible pumps in bleeder and 

return entries and sealed areas of the 

Robinson Run No. 95 Mine. This is 

considered an acceptable alternative 

method for the Robinson Run No. 95. 

Mine. MSHA grants the petition for the 

use of low- and medium-voltage, threephase, alternating-current submersible 

pump(s) installed in return and bleeder 

entries and sealed areas in the Robinson 

Run No. 95 Mine with conditions. 

Docket No.: M–2003–086–C. 

FR Notice: 68 FR 67218. 

Petitioner: Genwal Resources, Inc.

Regulation Affected: 30 CFR 75.1101–

8. 

Summary of Findings: Petitioner’s 

proposal is to use a water sprinkler 

system that consists of a single overhead 

pipe system with automatic sprinklers 

located not more that 10 feet apart so 

that the water discharged from the 

sprinklers will cover 50 feet of fireresistant belt or 150 feet of non-fire 

resistant belt adjacent to the belt drive. 

In addition, automatic sprinklers would 

be located not more that 10 feet apart so 

that the water discharged from the 

sprinkler(s) will cover the drive 

motor(s), belt take-up electrical controls, 

and gear reducing unit for each belt 

drive. This is considered an acceptable 

alternative method for the South 

Crandall Canyon Mine. MSHA grants 

the petition for modification for use of 

a single overhead pipe sprinkler system 

with conditions. 

Docket No.: M–2003–088–C. 

FR Notice: 68 FR 67218. 

Petitioner: D & D Coal Company. 

Regulation Affected: 30 CFR 

75.311(b)(2) and (b)(3). 

Summary of Findings: Petitioner’s 

proposal is to permit electrical circuits 

entering the underground mine to 

remain energized to the mine’s dewatering pumps while the mine 

ventilation fan is intentionally stopped 

during idle shifts while no miners are 

underground in its Primrose Slope 

Anthracite mine. This is considered an 

acceptable alternative method for the 

Primrose Slope Mine. MSHA grants the 

petition for modification for the 

Primrose Slope Mine with conditions. 

Docket No.: M–2003–090–C. 

FR Notice: 68 FR 67218. 

Petitioner: Kingwood Mining 

Company, LLC. 

Regulation Affected: 30 CFR 75.503 

(30 CFR 18.35). 

Summary of Findings: Petitioner’s 

proposal is to use #4 A.W.G. and #2 

A.W.G. portable trailing cables up to a 

maximum length of 750 feet to supply 

575-volt, three phase, alternating 

current to roof bolting machines and 

shuttle cars under specific terms and 

conditions. This is considered an 

acceptable alternative method for the 

Whitetail Kittanning Mine. MSHA 

grants the petition for modification for 

750-foot trailing cables from the power 

center to roof bolting machines and 

shuttle cars during the continuous 

mining cycle development on larger 

center pillars for the Whitetail 

Kittanning Mine with conditions. 

Docket No.: M–2003–096–C. 

FR Notice: 69 FR 3947. 

Petitioner: Knott County Mining 

Company. 

Regulation Affected: 30 CFR 75.900.

Summary of Findings: Petitioner’s 

proposal is to use contactors for 

undervoltage protection in lieu of using 

the required circuit breakers under 

specific terms and conditions. This is 

considered an acceptable alternative 

method for the Mine 582. MSHA grants 

the petition for modification to allow 

the use of contactors to provide 

undervoltage and grounded phase and 

to monitor the grounding conductors for 

low-voltage power circuits serving the 

five Horsepower or greater, three-phase 

alternating current belt drive(s) and 

pump(s) located in the Mine 582 with 

conditions. 

Docket No.: M–2003–097–C. 

FR Notice: 69 FR 3948. 

Petitioner: Knott County Mining 

Company. 

Regulation Affected: 30 CFR 75.900. 

Summary of Findings: Petitioner’s 

proposal is to use contactors for 

undervoltage protection in lieu of using 

the required circuit breakers, and use an 

additional ground fault protection 

device for the affected circuits; to 

eliminated hazards caused by personnel 

rushing to the remote location to reset 

breakers; to make travelways safer and 

to eliminate the risks that miners will 

have to take out of a sense of urgency 

to resume production. This is 

considered an acceptable alternative 

method for the Puncheon Branch Mine. 

MSHA grants the petition for 

modification to allow the use of 

contactors to provide undervoltage, 

grounded phase, and monitor the 

grounding conductors for low-voltage 

power circuits serving five Horsepower 

69414 Federal Register / Vol. 69, No. 228 / Monday, November 29, 2004 / Notices 

or greater three-phase alternating 

current belt drive(s) and pump(s) 

located in the Puncheon Branch Mine 

with conditions. 

Docket No.: M–2004–018–C. 

FR Notice: 69 FR 27955. 

Petitioner: Dakota Westmoreland 

Corporation. 

Regulation Affected: 30 CFR 

77.1607(u). 

Summary of Findings: Petitioner’s 

proposal is to use a portable hydraulic 

unit (power pact) to tow large trucks in 

lieu of using a tow bar and safety chain; 

provide training to operators and 

mechanics to perform the installations 

of the pack; and if anything fails, 

automatically set up haul truck brakes 

and stop all towing procedures. This is 

considered an acceptable alternative 

method for the Beulah Mine. MSHA 

grants the petition for modification for 

the Beulah Mine with conditions. 

Docket No.: M–2004–021–C. 

FR Notice: 69 FR 30726. 

Petitioner: Spartan Mining Company. 

Regulation Affected: 30 CFR 75.1002.

Summary of Findings: Petitioner’s 

proposal is to transfer high-voltage, 

2,400-volt continuous miner equipment 

from one mine to another mine within 

the Spartan Mining Company; and to 

provide training on high-voltage safety, 

testing, and maintenance procedures to 

all personnel who perform maintenance 

on the high-voltage continuous miner 

system, and who work in proximity to 

high-voltage equipment or move highvoltage equipment or cable(s), before the 

proposed alternative method is 

implemented. This is considered an 

acceptable alternative method for the 

Laurel Creek Coalburg mine. MSHA 

grants the petition for modification for 

the Laurel Creek Coalburg Mine with 

conditions. 

Docket No.: M–2004–026–C. 

FR Notice: 69 FR 43628. 

Petitioner: Ohio County Coal 

Company. 

Regulation Affected: 30 CFR 75.1103–

4(a). 

Summary of Findings: Petitioner’s 

proposal is to install a carbon monoxide 

monitoring system as an early warning 

fire detection system near the center and 

in the upper third of the belt entry in 

a location that would not expose 

personnel working on the system to 

unsafe situations under specific terms 

and conditions. This is considered an 

acceptable alternative method for the 

Big Run Underground Mine. MSHA 

grants the petition for modification for 

the use of a carbon monoxide 

monitoring system that identifies the 

location of sensors in lieu of identifying 

belt flights at the Big Run Underground 

Mine with conditions. 

Docket No.: M–2004–034–C. 

FR Notice: 69 FR 46186. 

Petitioner: Warrior Coal, LLC. 

Regulation Affected: 30 CFR 75.1103–

4(a). 

Summary of Findings: Petitioner’s 

proposal is to install a low-level carbon 

monoxide detecting system as an early 

warning fire detection system in all belt 

entries where a monitoring system 

identifies a sensor location in lieu of 

identifying each belt flight. This is 

considered an acceptable alternative 

method for the Cardinal Mine. MSHA 

grants the petition for modification for 

the use of a carbon monoxide system 

that identifies the location of sensors in 

lieu of identifying belt flights for the 

Cardinal Mine with conditions. 

Docket No.: M–2004–036–C. 

FR Notice: 69 FR 51863. 

Petitioner: Warrior Coal, LLC. 

Regulation Affected: 30 CFR 75.1101–

1(b). 

Summary of Findings: Petitioner’s 

proposal is to use the deluge-type water 

spray systems installed at belt-conveyor 

drives in lieu of blow-off dust covers for 

nozzles; and train a person on testing 

procedures specific to the deluge-type 

water spray fire suppression system 

who will once every 7 days (1) conduct 

a visual examination of each delugetype water spray fire suppression 

system, (2) conduct a functional test of 

the deluge-type water spray fire 

suppression system by actuating the 

system and observing its performance, 

(3) record results of the examinations 

and test in a book maintained on the 

surface and made available to interested 

parties, and (4) immediately correct any 

malfunction or clogged nozzle that is 

detected during examination and test. 

This is considered an acceptable 

alternative method for the Cardinal 

Mine. MSHA grants the petition for 

modification for use of the deluge-type 

water spray systems installed at beltconveyor drives in lieu of blow-off dust 

covers for nozzles at the Cardinal Mine 

with conditions. 

Docket No.: M–2004–006–M. 

FR Notice: 69 FR 35686. 

Petitioner: Penn Big Bed Slate 

Company, Inc. 

Regulation Affected: 30 CFR 

56.19012. 

Summary of Findings: Petitioner’s 

proposal is to use oversized grooves on 

the crane drums. The drum grooves are 

3⁄4-inch and Penn Slate uses 5⁄8-inch 

wire rope on all of their hoists. The 5⁄8-

inch wire ropes have been used on these 

drums for more than 70 years and the 

hoists have operated with no reported 

accidents or injuries. The hoists 

transport miners into the pit, and blocks 

of slate out of the pit. The average slate 

block weighs up to 7 tons. The 

petitioner alleges that the 5⁄8-inch wire 

rope does not flatten or restrict the 

cable. Each year, 30 to 65 feet of wire 

rope is cut off the working end of the 

wire rope to ensure that it is safe for 

continued service. Only during the last 

year of service is the cable in the 

grooves used to operate the hoists. This 

is considered an acceptable alternative 

method for the Manhattan Quarry Penn 

Big Bed Mine. MSHA grants the petition 

for modification for the Manhattan 

Quarry Penn Big Bed Mine with 

conditions.

[FR Doc. 04–26279 Filed 11–26–04; 8:45 am] 

BILLING CODE 4510–43–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration 

Petitions for Modification 

The following parties have filed 

petitions to modify the application of 

existing safety standards under section 

101(c) of the Federal Mine Safety and 

Health Act of 1977. 

1. J & J Coal Company 

[Docket No. M–2004–046–C] 

J & J Coal Company, 678 Main Street, 

Goodspring, Pennsylvania 17981 has 

filed a petition to modify the 

application of 30 CFR 75.335 

(Construction of seals) to its Rocky Top 

Mine (MSHA I.D. No. 36–09072) located 

in Schuylkill County, Pennsylvania. 

Petitioner proposes constructing seals 

from wooden materials of moderate size 

and weight; designing the seals to 

withstand a static horizontal pressure in 

the range of 10 psi; and installing a 

sampling tube only in the monkey 

(higher elevation) seal. The petitioner 

asserts that because of the pitch of 

anthracite veins, concrete blocks are 

difficult to use and expose miners to 

safety hazards during transport. The 

petitioner cites the low level of 

explosibility of anthracite coal dust and 

the minimal potential for either an 

accumulation of methane in previously 

mined pitching veins or an ignition 

source in the gob area as justification for 

the proposed 10 psi design criterion. 

The petitioner asserts that the proposed 

alternative method would provide at 

least the same measure of protection as 

the existing standard. 

2. Arclar Company, LLC 

[Docket No. M–2004–047–C] 

Arclar Company, LLC, 420 Long Lane 

Road, Equality, Illinois 62934 has filed 

a petition to modify the application of 

30 CFR 75.1909(b)(6) (Nonpermissible