23744 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

will complete the application in 

approximately forty hours. 

(6) An estimate of the total public 

burden (in hours) associated with the 

collection: The estimated total annual 

public burden associated with this 

application is 1,350 hours. 

If additional information is required 

contact: Lynn Bryant, Department 

Clearance Officer, United States 

Department of Justice, Justice 

Management Division, Policy and 

Planning Staff, Patrick Henry Building, 

Suite 1600, 601 D Street, NW., 

Washington, DC 20530. 

Dated: May 15, 2009. 

Lynn Bryant, 

Department Clearance Officer, PRA, United 

States Department of Justice. 

[FR Doc. E9–11729 Filed 5–19–09; 8:45 am] 

BILLING CODE 4410–BA–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Notice of Affirmative Decisions on 

Petitions for Modification Granted in 

Whole or in Part 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice of Affirmative Decisions 

on Petitions for Modification Granted in 

Whole or in Part. 

SUMMARY: The Mine Safety and Health 

Administration (MSHA) enforces mine 

operator compliance with mandatory 

safety and health standards that protect 

miners and improve safety and health 

conditions in U.S. mines. 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: 

Barbara Barron at 202–693–9447 

(Voice), barron.barbara@dol.gov (email), 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–2006–080–C. 

FR Notice: 72 FR 8202 (February 23, 

2007). 

Petitioner: Black Beauty Coal 

Company, 13101 Ziegler 11 Road, P.O. 

Box 369, Coulterville, Illinois 62237. 

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

11–02408, located in Randolph County, 

Illinois. 

Regulation Affected: 30 CFR 

75.364(b)(1) (Weekly examination). 

• Docket Number: M–2006–088–C. 

FR Notice: 72 FR 8204 (February 23, 

2007). 

Petitioner: Cumberland River Coal 

Company, P.O. Drawer 109, Appalachia, 

Virginia 24216. 

Mine: Band Mill Mine, MSHA I.D. 44– 

06816, located in Wise County, Virginia. 

Regulation Affected: 30 CFR 

75.364(b)(1) (Weekly examination). 

• Docket Number: M–2008–002–C. 

FR Notice: 73 FR 12775 (March 10, 

2008). 

Petitioner: Blue Diamond Coal 

Company, P.O. Box 47, Slemp, 

Kentucky 41763. 

Mine: Mine #75, MSHA I.D. 15– 

17478, located in Perry County, 

Kentucky. 

Regulation Affected: 30 CFR 

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

• Docket Number: M–2008–014–C. 

FR Notice: 73 FR 28529 (May 16, 

2008). 

Petitioner: AMFIRE Mining Company, 

LLC, One Energy Place, Latrobe, 

Pennsylvania 15650. 

Mine: Ondo Extension Mine, MSHA 

I.D. No. 36–09005, located in Indiana 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2008–015–C. 

FR Notice: 73 FR 28529 (May 16, 

2008). 

Petitioner: AMFIRE Mining Company, 

LLC, One Energy Place, Latrobe, 

Pennsylvania 15650. 

Mine: Nolo Mine, MSHA I.D. No. 36– 

08850, located in Armstrong County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2008–016–C. 

FR Notice: 73 FR 28529 (May 16, 

2008). 

Petitioner: AMFIRE Mining Company, 

LLC, One Energy Place, Latrobe, 

Pennsylvania 15650. 

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

36–09127, located in Cambria County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2008–017–C. 

FR Notice: 73 FR 28529 (May 16, 

2008). 

Petitioner: AMFIRE Mining Company, 

LLC, One Energy Place, Latrobe, 

Pennsylvania 15650. 

Mine: Gillhouser Run Mine, MSHA 

I.D. No. 36–09033, located in Indiana 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2008–018–C. 

FR Notice: 73 FR 28529 (May 16, 

2008). 

Petitioner: AMFIRE Mining Company, 

LLC, One Energy Place, Latrobe, 

Pennsylvania 15650. 

Mine: Dora 8 Mine, MSHA I.D. No. 

36–08704, located in Jefferson County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2008–019–C. 

FR Notice: 73 FR 28530 (May 16, 

2008). 

Petitioner: White County Coal, LLC, 

1525 Country Road 1300 N, P.O. Box 

457, Carmi, Illinois. 

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

11–03058, located in White County, 

Illinois. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance). 

• Docket Number: M–2008–020–C. 

FR Notice: 73 FR 31147 (May 30, 

2008). 

Petitioner: Rockhouse Creek 

Development, LLC, P.O. Box 1389, 

Gilbert, West Virginia 25621. 

Mine: No. 6 Mine, MSHA I.D. No. 46– 

08268, Mine No. 2, MSHA I.D. No. 46– 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23745 

08636, and No. 9 Mine, MSHA I.D. No. 

46–08976, located in Logan County, 

West Virginia; and No. 3 Mine, MSHA 

I.D. No. 46–08778 and No. 8 Mine, 

MSHA I.D. No. 46–09018, located in 

Mingo County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

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

• Docket Number: M–2008–025–C. 

FR Notice: 73 FR 34963 (June 19, 

2008). 

Petitioner: ICG Beckley, LLC, P.O. Box 

49, Eccles, West Virginia 25836. 

Mine: Beckley Pocahontas Mine, I.D. 

No. 46–05252, located in Raleigh 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

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

• Docket Number: M–2008–046–C. 

FR Notice: 73 FR 61912 (October 17, 

2008). 

Petitioner: Black Beauty Coal 

Company, 13101 Ziegler 11 Road, P.O. 

Box 369, Coulterville, Illinois 62237. 

Mine: Gateway Mine, MSHA I.D. 11– 

02408, located in Randolph County, 

Illinois. 

Regulation Affected: 30 CFR 75.1101– 

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

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–11685 Filed 5–19–09; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice of petitions for 

modification of existing mandatory 

safety standards. 

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 June 19, 2009. 

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, 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, 

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–2009–001–M. 

Petitioner: General Chemical (Soda 

Ash) Partners, P.O. Box 551, Green 

River, Wyoming 82935. 

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)). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an increase in the 

length of portable trailing cables, which 

is longer than the maximum length set 

forth in 30 CFR Appendix,1, Table 9, to 

enable safe handling practice of the 

cable in regards to their mining 

operation. The petitioner states that 

currently, the boring machines are 

approved for use with #2 American 

Wire Gauge (AWG) trailing cable. The 

petitioner proposes the following for its 

General Chemical Mine in Green River, 

Wyoming: (1) The maximum length for 

portable trailing cables in regards to 

power distributed to its boring machines 

will be 1,200 feet for cable sizes #2/0 

AWG, #10 AWG, #1 AWG, and #2 AWG; 

(2) all instantaneous trip settings for 

over-current will be maintained at a 

level below the minimum available fault 

current calculated, using the MSHA 

short circuit program ‘‘Scwin’’; (3) 

interrupt ratings for all breakers in the 

distribution circuit will be high enough 

to interrupt the maximum available 

fault current as calculated using the 

MSHA short circuit program ‘‘Scwin’’; 

and (4) power distribution circuits 

pertaining to bore mining sections will 

be maintained on a typical basis in 

reference to the typical power 

distribution in effect at the time of 

investigation for this modification, 

whereby cable lengths in the 

distribution circuit leading up to the 

Load Center at the bore section will be 

maintained no longer than those 

proposed in the Short Circuit 

calculations, using the MSHA program 

‘‘Scwin’’ at the time of this petition. The 

petitioner asserts that an equal measure 

of protection will be maintained at all 

times as that afforded by the standard. 

Docket Number: M–2009–008–C. 

Petitioner: M.C. Mining, LLC, 4126 

State Highway 194 West, Pikeville, 

Kentucky 41501. 

Mine: Mine No. 3, MSHA I.D. No. 15– 

08079, located in Pike County, 

Kentucky. 

Regulation Affected: 30 CFR 

75.503(18.35) (Permissible electric face 

equipment; maintenance). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the maximum length 

of trailing cables to be increased for 

supplying power to permissible pumps 

used in the mine. The petitioner states 

that: (1) This petition will only apply to 

trailing cables supplying three-phase, 

575-volt power to permissible pumps; 

(2) the maximum length of the trailing 

cables will be 1,597 feet; (3) the 575-volt 

permissible pump trailing cable will not 

be smaller than #6 American Wire 

Gauge (AWG); (3) all circuit breakers 

used to protect #6 trailing cables 

exceeding 500 feet in length will have