57296 Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 

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–2009–062–C. 

FR Notice: 75 FR 3253 (January 20, 

2010). 

Petitioner: American Energy 

Corporation, 43521 Mayhugh Hill Road, 

Beallsville, Ohio 43716. 

Mine: Century Mine, MHSA I.D. No. 

33–01070, located in Monroe County, 

Ohio. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance) and 30 CFR 18.35 

(Portable trailing cables and cords). 

• Docket Number: M–2010–003–C. 

FR Notice: 75 FR 12799 (March 17, 

2010). 

Petitioner: Brooks Run Mining 

Company, LLC, 208 Business Street, 

Beckley, West Virginia 25801. 

Mine: Wyoming No. 2 Mine, MSHA 

I.D. No. 46–06263, located in Wyoming 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

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

• Docket Number: M–2010–006–C. 

FR Notice: 75 FR 12794 (March 17, 

2010). 

Petitioner: Armstrong Coal Company, 

Inc., 407 Brown Road, Madisonville, 

Kentucky 42341. 

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

15–19358, located in Muhlenberg 

County, Kentucky. 

Regulation Affected: 30 CFR 75.1101– 

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

• Docket Number: M–2010–011–C. 

FR Notice: 75 FR 16187 (March 31, 

2010). 

Petitioner: Alex Energy, Inc., P.O. Box 

190, Leivasy, West Virginia 26676. 

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). 

• Docket Number: M–2010–012–C. 

FR Notice: 75 FR 16187 (March 31, 

2010). 

Petitioner: White Buck Coal Company, 

P.O. Box 180, Leivasy, West Virginia 

26676. 

Mine: Grassy Creek No. 1 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). 

• Docket Number: M–2010–017–C. 

FR Notice: 75 FR 22847 (April 30, 

2010). 

Petitioner: Brooks Run Mining 

Company, LLC, 208 Business Street, 

Beckley, West Virginia 25801. 

Mine: Horse Creek No. 1 Mine, MSHA 

I.D. No. 46–09348, located in McDowell 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

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

• Docket Number: M–2009–004–M. 

FR Notice: 74 FR 34371 (July 15, 

2009). 

Petitioner: Arch Materials, LLC, 4438 

State route 276, Batavia, Ohio 45103. 

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

33–04578, Clermont County, Ohio. 

Regulation Affected: 30 CFR 49.2(c) 

(Availability of mine rescue teams). 

Dated: September 14, 2010. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. 2010–23323 Filed 9–17–10; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Wage and Hour Division 

Proposed Extension of the Approval of 

Information Collection Requirements 

AGENCY: Wage and Hour Division, 

Labor. 

ACTION: Notice. 

SUMMARY: The Department of Labor, as 

part of its continuing effort to reduce 

paperwork and respondent burden, 

conducts a preclearance consultation 

program to provide the general public 

and Federal agencies with an 

opportunity to comment on proposed 

and/or continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95). 44 U.S.C. 3506(c)(2)(A). This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirements on respondents can be 

properly assessed. Currently, the Wage 

and Hour Division is soliciting 

comments concerning its proposal to 

extend Office of Management and 

Budget (OMB) approval of the 

Information Collection: Disclosures to 

Workers Under the Migrant and 

Seasonal Agricultural Worker Protection 

Act. A copy of the proposed information 

collection request can be obtained by 

contacting the office listed below in the 

address section of this Notice. 

DATES: Written comments must be 

submitted to the office listed in the 

addresses section below on or before 

November 19, 2010. 

ADDRESSES: You may submit comments 

identified by Control Number 1235– 

0002, by either one of the following 

methods: 

E-mail: WHDPRAComments@dol.gov. 

Mail, Hand Delivery, Courier: Office 

of Regulatory and Legislative 

Interpretations, Wage and Hour 

Division, U.S. Department of Labor, 

Room S–3502, 200 Constitution Avenue, 

NW., Washington, DC 20210. 

Instructions: Please submit one copy 

of your comments by only one method. 

All submissions received must include 

the agency name and Control Number 

identified above for this information 

collection. Because we continue to 

experience delays in receiving mail in 

the Washington, DC area, commenters 

are strongly encouraged to transmit their 

comments electronically via e-mail or to 

submit them by mail early. Comments, 

including any personal information 

provided, become a matter of public 

record. They will also be summarized 

and/or included in the request for OMB 

approval of the information collection 

request. 

FOR FURTHER INFORMATION CONTACT: 

Michael Hancock, Wage and Hour 

Division, U.S. Department of Labor, 

Room S–3502, 200 Constitution Avenue, 

NW., Washington, DC 20210; telephone: 

(202) 693–0406 (this is not a toll-free 

number). Copies of this notice must be 

obtained in alternative formats (Large 

Print, Braille, Audio Tape or Disc), upon 

request, by calling (202) 693–0023 (not 

a toll-free number). TTY/TDD callers 

may dial toll-free (877) 889–5627 to 

obtain information or request materials 

in alternative formats. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Various sections of the Migrant and 

Seasonal Agricultural Worker Protection 

Act (MSPA) (29 U.S.C. 1801, et seq.) 

require respondents [i.e., Farm Labor 

Contractors (FLCs), Agricultural 

Employers (AGERs), and Agricultural 

Associations (AGASs)] to disclose 

employment terms and conditions in 

writing to their workers. MSPA sections 

201(g) and 301(f) requires that the DOL 


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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices 57297 

make forms available to provide such 

information. The DOL prints and makes 

Optional-use Form WH–516, Worker 

Information—Terms and Conditions of 

Employment, available for these 

purposes. See 29 CFR 500.75(a), 

500.76(a). 

MSPA sections 201(d) and 301(c)–29 

U.S.C. 1821(d), 1831(c) and Regulations 

29 CFR 500.80(a), require each FLC, 

AGER and AGAS that employs any 

migrant or seasonal worker to make, 

keep, and preserve records for three 

years for each such worker concerning 

the: (1) Basis on which wages are paid; 

(2) Number of piece work units earned, 

if paid on a piece work basis; (3) 

Number of hours worked; (4) Total pay 

period earnings; (5) Specific sums 

withheld and the purpose of each sum 

withheld; and, (6) Net pay. 

Respondents are also required to 

provide an itemized written statement 

of this information to each migrant and 

seasonal agricultural worker each pay 

period. 29 U.S.C. 1821(d), 1831(c); 29 

CFR 500.1(i)(3), –.80(d). In addition, 

MSPA sections 201(e) and 301(d) 

require that each FLC provide copies of 

all the records noted above for the 

migrant or seasonal agricultural workers 

the contractor has furnished to other 

farm labor contractors, agricultural 

employers or agricultural associations 

who use the workers. Except for the 

worker, the recipient of such records is 

to retain them for a period of three 

years. Respondents must also make and 

keep certain records, including each 

worker’s Social Security Number. 29 

CFR 500.80(a). In addition, the wage 

statement provided to each worker at 

the time of wage payment is to include, 

among other items, the worker’s Social 

Security Number and employer’s Tax 

Identification Number. 29 CFR 

500.80(a), (d). 

MSPA section 201(c) requires all 

FLCs, AGERs, and AGASs providing 

housing to any migrant agricultural 

worker to post in a conspicuous place 

at the site of the housing, or present to 

the migrant worker, a written statement 

of any housing occupancy terms and 

conditions. See 29 U.S.C. 1821(c); 29 

CFR 500.75(f). In addition, MSPA 

section 201(g) requires these FLCs, 

AGERs, and AGASs to give such 

information in English, or as necessary 

and reasonable, in a language common 

to the workers. See 29 U.S.C. 1821(g); 29 

CFR 500.1(i)(2), .75(a), (f)–(g). This 

provision also requires the DOL to make 

optional forms available to provide the 

required disclosures. See 29 U.S.C. 

1821(g); 29 CFR 500.1(i)(2), .75(a), (g). 

II. Review Focus 

The DOL is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

III. Current Actions 

The DOL seeks approval for the 

extension of this information collection 

in order to ensure effective 

administration of various special 

employment programs. 

Type of Review: Revision. 

Agency: Wage and Hour Division. 

Title: Disclosures to Workers Under 

the Migrant Seasonal and Agricultural 

Worker Protection Act. 

OMB Numbers: 1235–0002, 1235– 

0009, and 1235–0010 (All to be merged 

in 1235–0002). 

Affected Public: Private sector, farms. 

Respondents: 107,706. 

Total Annual Responses: 84,206,505. 

Estimated Total Burden Hours: 

1,417,426. 

Estimated Time per Response: 

Various. 

Frequency: On occasion. 

Total Burden Costs (start up/capital/ 

operation/maintenance): $2,716,101.04. 

Michael Hancock, 

Acting Director, Division of Regulation, 

Legislation, and Interpretation. 

[FR Doc. 2010–23369 Filed 9–17–10; 8:45 am] 

BILLING CODE 4510–27–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 October 20, 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. 

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 


jdjones on DSK8KYBLC1PROD with NOTICES