23746 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

an instantaneous trip unit calibrated to 

trip at 150 amperes, the trip setting will 

be sealed or locked and breakers will 

have permanent legible labels, and each 

label will identify the circuit breaker as 

being suitable for protecting #6 cables. 

The label will be maintained legible; (5) 

persons designated by the operator will 

visually examine the trailing cables to 

ensure the cable is in safe operating 

condition; (6) trailing cables that are not 

in safe operating condition will be 

removed from services immediately and 

repaired or replaced; (7) 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 splice or repair will 

comply with 30 CFR 75.603 and 30 CFR 

75.604; (8) permanent warning labels 

will be installed and maintained on the 

cover(s) of the power center to identify 

the location of each sealed or locked 

short-circuit protection device. These 

labels will warn miners not to change or 

alter these short-circuit settings; (9) the 

alternative method will not be 

implemented until the miners 

designated to examine the integrity of 

seals or locks, verify the short-circuit 

settings, and proper procedures for 

examining trailing cables for defects and 

damage have received the elements of 

the specified training; and (10) proposed 

revisions for Part 48 training plans will 

be submitted to the District Manager 

within 60 days after the petition is 

granted for the area in which the mine 

is located, which will include training 

in the proper procedures for examining 

the trailing cables to ensure safe 

operating condition, and training in 

how to verify that circuit interrupting 

device(s) protecting the trailing cable(s) 

are properly set and maintained. 

Docket Number: M–2009–009–C. 

Petitioner: Twentymile Coal 

Company, Three Gateway Center, 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) & (d) (Maine mine fan 

examination and records). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit fan-stoppage devices 

and automatic closing doors to be tested 

without stopping the mine fan. The 

petitioner proposes the following 

alternative procedure for testing the 

fans: (a) The fan door will be installed 

according to drawings approved by 

MSHA, and the fan alarm signal will be 

installed according to MSHA 

requirements, including the warning 

light near the door location and an 

audible and visual alarm at the 

dispatcher and communication center 

locations; (b) air reversal doors will be 

tested every seven days by rotating the 

test frame outward until it contacts the 

air flow reversal door; (c) the person 

conducting the test will make a visual 

observation of the movement of the test 

frame and general maintenance of the 

metal door and frame for good repair; 

(d) the fan alarm signal system 

(mechanical switch) which is mounted 

to the fan house, will be tested by a 

responsible person every seven days by 

actuating the switch; (e) the actuating of 

the fan alarm switch will be verified by 

a responsible person with the 

communication center and the 

dispatcher; (f) the person who made the 

tests will record the results in a secure 

book at a surface location by the end of 

the shift on which the tests were made. 

The book will also indicate the general 

repair of the system and will be made 

available to representatives of the 

Secretary. The petitioner states that the 

MSHA District Manager will be notified 

regarding future testing of additional air 

reversal fan doors, when each fan is 

equipped with the new test frame 

system, so that an inspection may be 

scheduled prior to the seven day testing. 

The petitioner further states that until 

all main fans are equipped in 

compliance with the approved system, 

miners must be removed from the mine 

for testing of any fan not yet equipped. 

The petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection to all miners as would be 

provided by the standard. 

Docket Number: M–2009–010–C. 

Petitioner: Frasure Creek Mining, LLC, 

P.O. Box 142, Justice, West Virginia 

24851. Mines: No. 5 Mine, MSHA I.D. 

No. 46–08942, Deep Mine No. 15, 

MSHA I.D. No. 46–09209, located in 

Fayette County, West Virginia, and 

Isaban Deep Mine No. 3, MSHA I.D. No. 

46–09245, located in Mingo County, 

West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

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

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit blow-off dust covers 

to be used without the nozzles. The 

petitioner proposes to continue its 

weekly inspections and functional 

testing of the complete deluge-type 

water spray system. The petitioner 

states that dust covers are not necessary 

because the nozzles can be maintained 

in an unclogged condition through 

weekly use. The petitioner further states 

that it is burdensome to recap the large 

number of covers weekly after each 

inspection and functional test. The 

petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded the miners by the 

existing standard. 

Docket Number: M–2009–012–C. 

Petitioner: Wolf Run Mining 

Company, 1 Edmiston Way, 

Buckhannon, West Virginia 26201. 

Mines: Imperial Mine, MSHA I.D. No. 

46–09115, located in Upshur County, 

West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

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

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit blow-off dust covers 

not to be applied to nozzles on delugetype systems. The petitioner states that: 

(1) The functional test required each 

year under 30 CFR 75.1101–11 will be 

done weekly; (2) functional tests are 

currently being done a weekly basis and 

although more than adequate pressure 

and flow rates are being maintained for 

these deluge systems, in some tests, the 

dust covers do not come off all sprays; 

(3) by doing this functional test weekly, 

all sprays can be inspected and 

maintained on a weekly basis. The dust 

covers provide protection for sprays 

which are tested yearly, and by testing 

weekly, the covers are not necessary. 

The petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–11673 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. 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23747 

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–2009–004–C. 

Petitioner: Cumberland Coal 

Resources, LP, Three Gateway Center, 

401 Liberty Avenue, Suite 1340, 

Pittsburgh, Pennsylvania. 

Mine: Cumberland Mine, MSHA I.D. 

No. 36–05018, 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 for the standard 

with respect to vertical degasification 

wells with horizontal laterals into the 

underground coal seam. The petitioner 

proposes to mine through vertically 

drilled degasification boreholes with 

horizontal laterals using the following 

plugging procedures: (1) The borehole 

will be filled with flexible gel prior to 

the anticipated mine through and may 

use alternative grouting methods 

including cementatious or polyurethane 

grout; (2) a packer will be installed at a 

location in the lateral to ensure that an 

appropriate amount of the lateral is 

filled with gel; (3) any water present in 

the hole will be tested for chlorides 

prior to the time of gelling and the gel 

quality will be adjusted to compensate 

for the chloride concentration; and (4) a 

triplex piston pump will be used to 

pump 1.75 times the calculated hole 

volume of gel underground until the 

volume of gel is depleted and 100–140 

psi pressure is realized, or until gel 

leakage is observed along the ribs 

underground. The petitioner also 

proposes to use the following 

procedures for mining through plugged 

degasification boreholes: (1) Prior to 

mining within 300 feet of the borehole 

or lateral MSHA and the Bureau of Deep 

Mine Safety, and a representative of the 

miners will be notified both verbally 

and through a letter accompanied by a 

drawing of the borehole location and 

copy of a certification that plugging has 

occurred; (2) prior to mining through, 

the District Mine Inspector from the 

Bureau of Deep Mine Safety, the MSHA 

District Manager, and a representative of 

the United Mine Workers of America 

will be notified in sufficient time to 

have a representative present during the 

mining through operation; and (3) 

inform all personnel working 

underground at the beginning of the 

shift in which a borehole or lateral will 

be mined through to inform them of the 

cut through and communication 

procedure to be used. Persons may 

review a complete description of the 

petitioner’s procedures for plugging and 

mining through oil and gas wells at the 

MSHA address listed in this notice. The 

petitioner asserts that the proposed 

alternative method would at all times 

guarantee no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2009–005–C. 

Petitioner: Pinnacle Mining Company, 

LLC, P.O. Box 338, Pineville, West 

Virginia 24874–0338. 

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

46–01816, located in Wyoming County, 

West Virginia. 

Regulation Affected: 30 CFR 75.1700 

(Oil and gas wells). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit mining through 

Surface Drilled Coalbed Methane Wells 

with Horizontal Branches in Coal 

Seams. The petitioner proposes to 

continue mining through the vertical 

boreholes and horizontal legs and 

branches of Coalbed Methane Wells that 

penetrate the coalbed being mined. The 

petitioner states that the following 

method(s) will be used to protect the 

miners in the mine against hazards from 

the wells while mining through Surface 

Drilled Coalbed Methane Wells with 

Horizontal Branches in Coal Seams: 

Intact Surface Articulated Horizontal 

Borehole (SAHB) Mine plans Option 1: 

(1) The SAHB will be infused with 

water prior to the underground mining 

operations breaching the SAHB; (2) legs 

that are opened after mining through 

may have an effective plug installed into 

the coal rib to prevent an influx of 

methane into the mined area. An 

effective plug is any material that 

impedes the flow of methane and water. 

Typically, a hydraulic packer is used to 

plug the hole but cement or grout may 

be substituted; and (3) the holes may be 

filled with water after other legs are 

breached. The petitioner states that 

typically, open legs are breached several 

times during development mining, 

which allows the segmented hole to be 

ventilated or filled with water, and 

when the trunk line of a SAHB has not 

been severed, a negative pressure 

surface pump connected to the SAHB 

may be used to ventilate the hole. 

Option 2: (1) The SAHB will be infused 

with water prior to the underground 

mining operations breaching the SAHB; 

(2) a low strength grout mixture will be 

injected into the SAHB from the surface 

after infusion; (3) if the SAHB is located 

such that it may be used as a gob well 

for longwall panel, the amount of grout 

mixture injected will be limited to 

filling a void in the coal seam, or the 

SAHB will be filled with grout to at 

least fifty feet above the upper most 

underground mineable coal seam. The 

petitioner also states that the following 

method(s) will be used to protect the 

miners in the mine against hazards from 

the wells while mining through Surface 

23748 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

Drilled Coalbed Methane Wells with 

Horizontal Branches in Coal Seams: 

Breached Surface Articulated Horizontal 

Borehole (SAHB) Mine Through Plan: 

(1) Breached SAHB’s will be ventilated 

in accordance with all State and Federal 

regulations; (2) legs that are open after 

mining through may have an effective 

plug installed into the coal rib to 

prevent an excess of methane into the 

mined area. An effective plug is any 

material that impedes the flow of 

methane and water. Typically, a 

hydraulic packer is used to plug the 

hole but cement or grout may be 

substituted. The hole is plugged when 

typical face ventilation will not suffice 

and the potential for methane 

accumulation exists, usually occurring 

immediately after cut through; (3) 

typically, open legs are breached several 

times during development mining, 

which allows the segmented hole to be 

ventilated and eliminates methane 

storage capacity; (4) should a situation 

occur where a breached leg continues to 

produce methane and cannot be 

ventilated, the hole will be water 

infused again. Water infusion will take 

place underground using mine water at 

standard operating pressure. The hole 

will remain infused until it is 

determined that it may be safely bled off 

and ventilated or it is breached during 

secondary mining; and (5) when the 

trunk line of a SAHB has not been 

severed, a negative pressure surface 

pump connected to the SAHB may be 

used to ventilate the hole. The 

petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Docket Number: M–2009–006–C. 

Petitioner: Spartan Mining Company, 

P.O. Box 1120, Holden, West Virginia 

25625. 

Mine: Road Fork No. 51 Mine, MSHA 

I.D. No. 46–01544, located in Wyoming 

County, West Virginia. 

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 when: (1) Mining 

within 75 feet of a horizontal wellbore; 

(2) when initially mining through a 

horizontal wellbore; and (3) when 

subsequently mining through horizontal 

wellbores, using the specific procedures 

listed in this petition for modification. 

The petitioner states that; (1) no person 

shall be permitted in the area of the 

mine-through operation except those 

actually engaged in the operation, 

company personnel, personnel from 

MSHA, and personnel from the 

appropriate West Virginia agency; (2) 

the mine-through operation shall be 

under the direct supervision of a 

certified official; and (3) prior to mining 

through the first lateral wellbore of a 

coalbed methane well and a well which 

has already had at least one lateral 

wellbore mined through, Spartan will 

verify that any water that is present will 

be bailed from the vertical section of the 

wellbore, as close to the coal seam 

elevation as practical, using normal 

bailing equipment; and (4) the surface 

wellhead will be maintained opened to 

bring the vertical section of the wellbore 

to outside atmosphere pressure. A 

complete description of the procedures 

the petitioner will use in implementing 

its modification can be reviewed at the 

MSHA address listed in this notice. The 

petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Docket Number: M–2009–007–C. 

Petitioner: Black Butte Coal Company, 

P.O. Box 98, Point of Rocks, Wyoming 

82942. 

Mine: Black Butte and Leucite Hills 

Mines, MSHA I.D. No. 48–01180, 

located in Sweetwater County, 

Wyoming. 

Regulation Affected: 30 CFR 

77.1304(a) (Blasting agents; special 

provisions). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of 

commercially recycled petroleum-based 

lubrication oil that is commercially 

mixed with unused No. 2 fuel oil to 

create a blasting agent. The petitioner 

states that the mixed oil is purchased in 

batches of approximately 8,000 to 

10,000 gallons and is not mixed with 

ammonium nitrate prill until the 

Ammonium Nitrate-Fuel Oil (ANFO) 

components are placed in a blasting 

hole. The petitioner asserts that the 

proposed alternative method would at 

all times guarantee no less than the 

same measure of protection afforded by 

the existing standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–11674 Filed 5–19–09; 8:45 am] 

BILLING CODE 4510–43–P 

LEGAL SERVICES CORPORATION 

Sunshine Act Meeting of the Board of 

Directors 

TIME AND DATE: The Board of Directors 

of the Legal Services Corporation will 

meet on May 26, 2009 via conference 

call. The meeting will begin at 11 a.m. 

(EDT), and continue until conclusion of 

the Board’s agenda. 

LOCATION: 3333 K Street, NW., 

Washington, DC 20007, 3rd Floor 

Conference Room. 

STATUS OF MEETING: Open. Directors 

will participate by telephone conference 

in such a manner as to enable interested 

members of the public to hear and 

identify all persons participating in the 

meeting. Members of the public may 

observe the meeting by joining 

participating staff at the location 

indicated above. 

MATTERS TO BE CONSIDERED: 1. Approval 

of the agenda. 

2. Consider and act on Board of 

Directors’ response to the Inspector 

General’s Semiannual Report to 

Congress for the period of October 1, 

2008 through March 31, 2009. 

3. Consider and act on other business. 

4. Public comment. 

CONTACT PERSON FOR INFORMATION: 

Katherine Ward, Executive Assistant to 

the Vice President for Legal Affairs, at 

(202) 295–1500. 

SPECIAL NEEDS: Upon request, meeting 

notices will be made available in 

alternate formats to accommodate visual 

and hearing impairments. Individuals 

who have a disability and need an 

accommodation to attend the meeting 

may notify Katherine Ward, at (202) 

295–1500. 

Dated: May 15, 2009. 

Victor M. Fortuno, 

Vice President for Legal Affairs, General 

Counsel & Corporate Secretary. 

[FR Doc. E9–11916 Filed 5–18–09; 4:15 pm] 

BILLING CODE 7050–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Sunshine Act; Notice of Matter To Be 

Deleted From the Agenda of a 

Previously Announced Agency 

Meeting 

TIME AND DATE: 11:15 a.m., Thursday, 

May 21, 2009. 

PLACE: Board Room, 7th Floor, Room 

7047, 1775 Duke Street, Alexandria, VA 

22314–3428. 

STATUS: Closed. 

MATTER TO BE DELETED: 3. Personnel (1). 

Closed pursuant to some or all of the 

following: Exemptions (2) and (6).