Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81313 

Dated: December 20, 2010. 

Lynn Murray, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. 2010–32324 Filed 12–23–10; 8:45 am] 

BILLING CODE 4410–FY–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 January 26, 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: 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–2010–037–C. 

Petitioner: Lone Mountain Processing, 

Inc., Drawer C, St. Charles, Virginia 

24282. 

Mine: Huff Creek No. 1 Mine, MSHA 

I.D. No. 15–17234, located in Harlan 

County, Kentucky. 

Regulation Affected: 30 CFR 

75.364(b)(2) (Weekly examination). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit at least one entry of 

each return air course to be examined in 

its entirety so that the entire air course 

is traveled every 7 days, due to adverse 

roof, rock falls, and floor heave 

conditions in the return entry in the CMains resulting from multi-seam mining 

and unfavorable geological conditions. 

The petitioner proposes to: (1) Establish 

two evaluation points for weekly 

evaluation of the affected area, located 

at break 42 and break 64 in the C-Mains 

panel to monitor air quality and 

quantity entering and exiting the 

affected area; (2) have a certified person 

examine each of the evaluation points at 

least every 7 days, including: (i) 

Examine for hazards on the approaches 

to and at the evaluation points; (ii) 

evaluate and measure the quality and 

quantity of air flowing past the 

evaluation points; (iii) measure the air 

quality for methane, oxygen, and carbon 

monoxide concentrations using an 

approved hand-held device; (iv) 

measure air quantity using an 

appropriately calibrated anemometer. 

Methane gas or other harmful, noxious, 

or poisonous gases will not be permitted 

to accumulate in excess of legal limits 

for a return air course; (iv) immediately 

examine and evaluate the evaluation 

points where there is an increase of 0.5 

percent methane above the previous 

reading or a 10 percent unplanned 

change in the airflow quantity from the 

previous reading to determine the cause; 

(v) take appropriate corrective action 

and determine a new initial airflow to 

serve as the basis for subsequent 

evaluations; (vi) provide a date board at 

each evaluation point where the 

certified examiner will record the date, 

time, his or her initials, and the 

measured quantity and quality of the air 

entering the affected area; and (vii) 

record the results of each weekly 

examination in a book maintained on 

the surface. (3) submit an annual 

ventilation map that will show the 

permanent ventilation controls and 

evaluation points in accordance with 30 

CFR 75.372; and (4) maintain in safe 

condition at all times, all evaluation 

points and approaches to the evaluation 

points, and adequately support the roof 

by suitable means to prevent 

deterioration in the vicinity of the 

evaluation points. 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 the 

existing standard. 

Docket Number: M–2010–038–C. 

Petitioner: Enlow Fork Mining 

Company, 1000 Consol Energy Drive, 

Canonsburg, Pennsylvania 15317. 

Mine: Enlow Fork Mine, MSHA I.D. 

No. 46–07416, located in Greene 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance) and 18.35(a)(5)(i) and (ii) 

(Portable trailing cables and cords). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the maximum length 

of trailing cables to be increased to 900 

feet for supplying power to loading 

machines used in the Enlow Fork Mine. 

The petitioner states that: 

(1) Longwall development panels are 

being developed at the mine as part of 

a continuing mining cycle; (2) the 

longwall development panels consist of 

a three-entry system with 275-foot deep 

cuts to improve roof and abutment 

pressure control during longwall 

mining; (3) ventilation is improved by 

limiting the number of stoppings, which 

have a built-in ventilation pressure loss 

factor; (4) this petition will only apply 


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81314 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 

to trailing cables supplying three-phase 

995-volt power to loading machines; (5) 

the maximum lengths of the trailing 

cables will be 900 feet, and the trailing 

cables will not be smaller than #2 

American Wire Gauge (AWG); (6) all 

circuit breakers used to protect #2 AWG 

trailing cables exceeding 700 feet in 

length will have instantaneous trip units 

calibrated to trip at 800 Amperes. The 

trip setting of the circuit breakers will 

be sealed or locked, and will have 

permanent, legible labels. Each label 

will identify the circuit breaker as being 

suitable for protecting #2 AWG cables 

and the label will be maintained legible; 

(7) replacement instantaneous trip units 

used to protect #2 AWG trailing cables 

will be calibrated to trip at 800 Amperes 

and this setting will be sealed or locked; 

(8) during each production day, persons 

designated by the operator will visually 

examine the trailing cables to ensure 

that the cables are in safe operating 

condition and that the instantaneous 

settings of the specially calibrated 

breakers do not have seals or locks 

removed and that they do not exceed 

the settings of 800 Amperes; (9) any 

trailing cable that is not in safe 

operating condition will be removed 

from service immediately and repaired 

or replaced; (10) each splice or repair in 

the trailing cables will be made in a 

workmanlike manner and in accordance 

with the instructions of the 

manufacturer of the splice or repair 

materials. The outer jacket of each 

splice or repair will be vulcanized with 

flame-resistant material or made with 

material that has been accepted by 

MSHA as flame-resistant; (11) in the 

event the mining methods or operating 

procedures cause or contribute to the 

damage of any trailing cable, the cable 

will be removed from service 

immediately and repaired or replaced. 

Additional precautions will be taken to 

ensure that in the future the cable is 

protected and maintained in safe 

operating condition; (12) permanent 

warning labels will be installed and 

maintained on the cover(s) of the power 

center identifying the location of each 

sealed short-circuit protection device. 

The labels will warn miners not to 

change or alter the sealed short-circuit 

settings; (13) the alternative method will 

not be implemented until all miners 

who have been designated to examine 

the integrity of seals, verify the shortcircuit settings, and proper procedures 

for examining trailing cables for defects 

and damage have received the elements 

of training; and (14) within 60 days after 

this petition is granted, proposed 

revisions to part 48 training plans will 

be submitted to the District Manager for 

the area in which the mines is located. 

The elements of training will include 

the following: (i) Training in mining 

methods and operating procedures that 

will protect the trailing cables against 

damage; (ii) training in the proper 

procedures for examining the trailing 

cables to ensure that the cables are in 

safe operating condition; (iii) training in 

hazards of setting the instantaneous 

circuit breakers too high to adequately 

protect the trailing cables; and (iv) 

training in how to verify that the circuit 

interrupting device(s) protecting the 

trailing cable(s) are properly set and 

maintained. The petitioner asserts that 

the proposed alternative method will at 

all times guarantee no less than the 

same measure of protection to all miners 

at the Enlow Fork Mine as would be 

provided by the existing standard. 

Docket Number: M–2010–039 –C. 

Petitioner: Consol Pennsylvania Coal 

Company, 1000 Consol Energy Drive, 

Canonsburg, Pennsylvania 15317. 

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

36–07230, located in Greene County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance) and 18.35(a)(5)(i) and (ii) 

(Portable trailing cables and cords). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the maximum length 

of trailing cables to be increased to 900 

feet for supplying power to loading 

machines used in the Bailey Mine. The 

petitioner states that: (1) Longwall 

development panels are being 

developed at the mine as part of a 

continuing mining cycle; (2) the 

longwall development panels consist of 

a three-entry system with 275-foot deep 

cuts to improve roof and abutment 

pressure control during longwall 

mining; (3) ventilation is improved by 

limiting the number of stoppings, which 

have a built-in ventilation pressure loss 

factor; (4) this petition will only apply 

to trailing cables supplying three-phase 

995-volt power to loading machines; (5) 

the maximum lengths of the trailing 

cables will be 900 feet, and the trailing 

cables will not be smaller than #2 

American Wire Gauge (AWG); (6) all 

circuit breakers used to protect #2 AWG 

trailing cables exceeding 700 feet in 

length will have instantaneous trip units 

calibrated to trip at 800 Amperes. The 

trip setting of the circuit breakers will 

be sealed or locked, and will have 

permanent, legible labels. Each label 

will identify the circuit breaker as being 

suitable for protecting #2 AWG cables 

and the label will be maintained legible; 

(7) replacement instantaneous trip units 

used to protect #2 AWG trailing cables 

will be calibrated to trip at 800 Amperes 

and this setting will be sealed or locked; 

(8) during each production day, persons 

designated by the operator will visually 

examine the trailing cables to ensure 

that the cables are in safe operating 

condition and that the instantaneous 

settings of the specially calibrated 

breakers do not have seals or locks 

removed and that they do not exceed 

the settings of 800 Amperes; (9) any 

trailing cable that is not in safe 

operating condition will be removed 

from service immediately and repaired 

or replaced; (10) each splice or repair in 

the trailing cables will be made in a 

workmanlike manner and in accordance 

with the instructions of the 

manufacturer of the splice or repair 

materials. The outer jacket of each 

splice or repair will be vulcanized with 

flame-resistant material or made with 

material that has been accepted by 

MSHA as flame-resistant; (11) in the 

event the mining methods or operating 

procedures cause or contribute to the 

damage of any trailing cable, the cable 

will be removed from service 

immediately and repaired or replaced. 

Additional precautions will be taken to 

ensure that in the future the cable is 

protected and maintained in safe 

operating condition; (12) permanent 

warning labels will be installed and 

maintained on the cover(s) of the power 

center identifying the location of each 

sealed or locked short-circuit protection 

device. The labels will warn miners not 

to change or alter the sealed shortcircuit settings; (13) the alternative 

method will not be implemented until 

all miners who have been designated to 

examine the integrity of seals, verify the 

short-circuit settings, and proper 

procedures for examining trailing cables 

for defects and damage have received 

the elements of training; and (14) within 

60 days after this petition is granted, 

proposed revisions to part 48 training 

plans will be submitted to the District 

Manager for the area in which the mines 

is located. The elements of training will 

include the following: (i) Training in 

mining methods and operating 

procedures that will protect the trailing 

cables against damage; (ii) training in 

the proper procedures for examining the 

trailing cables to ensure that the cables 

are in safe operating condition; (iii) 

training in hazards of setting the 

instantaneous circuit breakers too high 

to adequately protect the trailing cables; 

and (iv) training in how to verify that 

the circuit interrupting device(s) 

protecting the trailing cable(s) are 

properly set and maintained. The 

petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices 81315 

of protection to all miners at the Bailey 

Mine as would be provided by the 

existing standard. 

Dated: December 20, 2010. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. 2010–32355 Filed 12–23–10; 8:45 am] 

BILLING CODE 4510–43–P 

NATIONAL SCIENCE FOUNDATION 

Earth Sciences Proposal Review 

Panel; Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation announces the following 

meeting. 

Name: Proposal Review Panel in 

Earth Sciences (1569). 

Date and Time: January 13, 2011, 8:30 

a.m.–5 p.m.; January 14, 2011, 8:30 

a.m.–4 p.m. 

Place: UNAVCO, Inc. Headquarters, 

67350 Nautilus Drive, Boulder, CO 

80301–5554. 

Type of Meeting: Part Open. 

Contact Person: Mr. Russell Kelz, 

Program Director, Instrumentation & 

Facilities Program, Division of Earth 

Sciences, Room 785, National Science 

Foundation, 4201 Wilson Blvd., 

Arlington, VA 22230; Telephone: (703) 

292–8558. 

Purpose of Meeting: To carry out 

review of UNAVCO, Inc. management 

and leadership as stipulated in 

cooperative agreement EAR–0735156. 

Agenda 

Closed: 

January 13, 2011—8:30 a.m.–9:30 

a.m.: organization meeting, 

introductions, review of charge to 

review panel, discussion of COI. 

January 13, 2011—1 p.m.–5 p.m.: 

panel discussion, write up of summary 

of findings and recommendations. 

January 14, 2011—8:30 a.m.–3:30 

p.m.: complete panel summary and 

recommendations. 

Open: 

January 13, 2011—9:30 a.m.–12:00 

p.m.: Presentation by UNAVCO, Inc. 

management and Q&A between panel 

and UNAVCO, Inc. 

January 14, 2011—3:30 a.m.–4 p.m.: 

Presentation of panel draft findings to 

NSF/EAR/IF Program. 

Reason for Closing: During the closed 

sessions, the panel will be reviewing 

information of a proprietary or 

confidential nature, including technical 

information, financial data such as 

salaries, and personal information that 

could harm individuals if they are 

disclosed. If discussions were open to 

the public, these matters that are exempt 

under 5 U.S.C. 552b(c), (4) and (6) of the 

Government in the Sunshine Act would 

be improperly disclosed. 

Dated: December 21, 2010, 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. 2010–32408 Filed 12–23–10; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2010–0322] 

Agency Information Collection 

Activities: Submission for the Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: U. S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of the OMB review of 

information collection and solicitation 

of public comment. 

SUMMARY: The NRC has recently 

submitted to OMB for review the 

following proposal for the collection of 

information under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35). The NRC hereby 

informs potential respondents that an 

agency may not conduct or sponsor, and 

that a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. The NRC published a Federal 

Register Notice with a 60-day comment 

period on this information collection on 

October 18, 2010. 

1. Type of submission, new, revision, 

or extension: Extension. 

2. The title of the information 

collection: 10 CFR part 70, ‘‘Domestic 

Licensing of Special Nuclear Material.’’ 

3. Current OMB approval number: 

3150–0009. 

4. The form number if applicable: 

N/A. 

5. How often the collection is 

required: Required reports are collected 

and evaluated on a continuing basis as 

events occur. Applications for new 

licenses and amendments may be 

submitted at any time. Generally, 

renewal applications are submitted 

every ten years and for major fuel cycle 

facilities updates of the safety 

demonstration section are submitted 

every two years. Nuclear material 

control and accounting information is 

submitted in accordance with specified 

instructions. 

6. Who will be required or asked to 

report: Applicants for and holders of 

specific NRC licenses to receive title to, 

own, acquire, deliver, receive, possess, 

use, or initially transfer special nuclear 

material. 

7. An estimate of the number of 

annual responses: 1,256 (655 responses 

+ 601 recordkeepers). 

8. The estimated number of annual 

respondents: 372. 

9. An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 89,465 hours 

(81,785 reporting + 7,700 

recordkeeping) or an average of 125 

hours per response (81,765 reporting 

burden hours/655 responses) and an 

average of 13 hours per recordkeeper 

(7,700 recordkeeping burden hours/601 

recordkeepers). 

10. Abstract: 10 CFR part 70 

establishes requirements for licenses to 

own, acquire, receive, possess, use, and 

transfer special nuclear material. The 

information in the applications, reports, 

and records is used by NRC to make 

licensing and other regulatory 

determinations concerning the use of 

special nuclear material. 

Submit, by February 25, 2011, 

comments that address the following 

questions: 

A copy of the final supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by January 26, 2011. Comments 

received after this date will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given to comments received after this 

date. 

Christine J. Kymn, Desk Officer, Office 

of Information and Regulatory Affairs 

(3150–0009), NEOB–10202, Office of 

Management and Budget, 

Washington, DC 20503. 

Comments can also be e-mailed to 

Christine.J.Kymn@omb.eop.gov or 

submitted by telephone at 202–395– 

4638. 

The NRC Clearance Officer is 

Tremaine Donnell, 301–415–6258. 

For the Nuclear Regulatory Commission. 


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