Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4469 

investigation was initiated on January 2, 

2009 in response to a petition filed on 

behalf of workers of Lane Home 

Furnishing (Wren), Tupelo, Mississippi. 

The petitioning worker group is 

included in an earlier petition (TA–W– 

64,749) filed on December 17, 2008, that 

is the subject of an ongoing 

investigation for which a determination 

has not yet been issued. Further 

investigation in this case would 

duplicate efforts and serve no purpose; 

therefore the investigation under this 

petition has been terminated. 

Signed at Washington, DC this 16th day of 

January 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–1499 Filed 1–23–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,718] 

TAC Automotive, Flint, MI; Notice of 

Termination of Investigation 

In accordance with Section 221 of the 

Trade Act of 1974, as amended, an 

investigation was initiated on December 

17, 2008 in response to a petition filed 

on behalf of workers of TAC 

Automotive, Flint Michigan. 

The petitioners are included in 

amended certifications issued for on-site 

leased workers of TAC Automotive at 

Delphi Corporation, Dayton, Ohio, 

under petition numbers TA–W–62,273, 

TA–W–62,273A and TA–W–62,273B. 

Consequently further investigation 

would serve no purpose and the petition 

investigation is terminated. 

Signed in Washington, DC, this 13th day of 

January 2009. 

Linda G. Poole, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–1497 Filed 1–23–09; 8:45 am] 

BILLING CODE 4510–FN–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 February 25, 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–2008–054–C. 

Petitioner: Parkwood Resources, Inc., 

511 Railroad Avenue, Homer City, 

Pennsylvania 15748. 

Mine: Cherry Tree Mine, MSHA I.D. 

No. 36–090224, located in Clearfield 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to use batterypowered non-permissible surveying 

equipment, including, but not limited 

to, portable battery operated mine 

transits, total station surveying 

equipment, distance meters, and laptop 

computers, in or inby the last open 

crosscut. The petitioner proposes to: (1) 

Use non-permissible electronic 

surveying equipment in or inby the last 

open crosscut and examine the 

equipment prior to use to ensure that 

the equipment is in safe operating 

condition; (2) have a qualified person 

examine the equipment at intervals not 

to exceed 7 days and record the 

examination results in the weekly 

electrical equipment examination book. 

The examination will include: (i) 

Checking the instrument for any 

physical damage and the integrity of the 

case; (ii) removing the battery and 

inspecting for corrosion; (iii) inspecting 

the contact points to ensure a secure 

connection to the battery; (iv) 

reinserting the battery and powering up 

and shutting down to ensure proper 

connections; and (v) checking the 

battery compartment cover to ensure 

that it is securely fastened. In addition, 

the operator will also (1) have a 

qualified person continuously monitor 

for methane immediately before and 

during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return; (2) 

eliminate the use of non-permissible 

surveying equipment if methane is 

detected in concentrations at or above 

1.0 percent methane; (3) de-energize the 

equipment immediately and withdraw 

the equipment outby the last open 

crosscut when 1.0 percent or more of 

methane is detected while in use; (4) 

eliminate the use of non-permissible 

surveying equipment where float coal 

4470 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

dust is in suspension; (5) charge or 

change batteries contained in the 

surveying equipment in fresh air outby 

the last open crosscut; (6) provide 

training to qualified personnel who use 

the equipment to properly recognize the 

hazards and limitations associated with 

use of the equipment; (7) put the nonpermissible surveying equipment into 

service only after MSHA has initially 

inspected the equipment and 

determined that it is in compliance with 

all of the terms and conditions of this 

petition; and (8) submit proposed 

revisions for the part 48 training plan to 

the District Manager, which will include 

specified initial and refresher training 

regarding the terms and conditions 

stated in the proposed decision and 

order. The petitioner asserts that 

application of the existing standard 

would result in a diminution of safety 

to the miners and the proposed 

alternative method would at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Docket Number: M–2008–055–C. 

Petitioner: Parkwood Resources, Inc., 

511 Railroad Avenue, Homer City, 

Pennsylvania 15748. 

Mine: Cherry Tree Mine, MSHA I.D. 

No. 36–09224, located in Clearfield 

County, Pennsylvania. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an alternative 

method of compliance to permit the use 

of battery-powered non-permissible 

surveying equipment in return airways. 

The petitioner proposes to: (1) Use nonpermissible electronic surveying 

equipment to be used in or inby the last 

open crosscut and examine the 

equipment prior to use to ensure that 

the equipment is in safe operating 

condition; (2) have a qualified person 

examine the equipment at intervals not 

to exceed 7 days and record the 

examination results in the weekly 

electrical equipment examination book. 

The examination will include: (i) 

Checking the instrument for any 

physical damage and the integrity of the 

case; (ii) removing the battery and 

inspecting for corrosion; (iii) inspecting 

the contact points to ensure a secure 

connection to the battery; (iv) 

reinserting the battery and powering up 

and shutting down to ensure proper 

connections: and (v) checking the 

battery compartment cover to ensure 

that it is securely fastened. In addition, 

the operator will also: (1) Have a 

qualified person continuously monitor 

for methane immediately before and 

during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return; (2) 

eliminate the use of non-permissible 

surveying equipment if methane is 

detected in concentrations at or above 

1.0 percent methane; (3) de-energize the 

equipment immediately and withdraw 

the equipment outby the last open 

crosscut when 1.0 percent or more of 

methane is detected while the 

equipment is in use; (4) eliminate the 

use of non-permissible surveying 

equipment where float coal dust is in 

suspension; (5) charge or change 

batteries contained in the surveying 

equipment in fresh air outby the last 

open crosscut; (6) provide training to 

qualified personnel who use the 

surveying equipment to properly 

recognize the hazards and limitations 

associated with the use of the 

equipment; (7) put the non-permissible 

surveying equipment in to service only 

after MSHA has initially inspected the 

equipment and determined that it is in 

compliance with all of the terms and 

conditions of this petition; and (8) 

submit proposed revisions for the part 

48 training plan to the District Manager, 

which will include specified initial and 

refresher training regarding the terms 

and conditions stated in the Proposed 

Decision and Order. The petitioner 

asserts that application of the existing 

standard would result in a diminution 

of safety to the miners and the proposed 

alternative method would at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Docket Number: M–2008–056–C. 

Petitioner: Midland Trail Energy, LLC, 

42 Rensford Star Route, Charleston, 

West Virginia 25306. 

Mine: Blue Creek #1 Mine, MSHA I.D. 

No. 46–09297 and Blue Creek #2 Mine, 

MSHA I.D. No. 46–09296, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 75.900 

(Low- and Medium-voltage circuits 

serving three-phase alternating current 

equipment; circuit breakers). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the circuit breaker to 

be used in series with a contactor. The 

petitioner proposes to use the circuit 

breaker for short circuit protection 

while the contactor may be equipped to 

provide undervoltage, grounded phase 

protection, overload protection and 

other protective functions normally 

provided by the circuit breaker. The 

petitioner states that this would allow 

the use of contactors to provide 

undervoltage, grounded phase, 

overload, and monitor the grounding 

conductors for low and medium-voltage 

power circuits serving three-phase 

alternating current equipment located in 

the mine, conditioned upon compliance 

with the following terms and 

conditions: (1) The nominal voltage of 

the power circuit(s) will not exceed 995 

volts; (2) the nominal voltage of the 

control circuit(s) and audible alarm 

units will not exceed 120 volts; (3) 

contactors will be built into the same 

enclosure as the circuit breakers; (4) 

contactors with associated protective 

relays will provide undervoltage 

protection for low and medium-voltage 

circuits serving three-phase alternating 

current equipment; (5) the voltage rating 

of the contactor(s) will be at least the 

maximum rms voltage of the circuit 

being protected, and the continuous 

current rating of the contactor(s) will be 

at least the full load current of the 

utilization equipment; (6) each circuit 

breaker installed in conjunction with a 

contactor will be equipped with devices 

to provide short-circuit protection for 

each piece of equipment; (7) a monthly 

exam will be conducted on each circuit 

to assure proper operation of the 

contactor; (8) the monthly exam will 

include activating undervoltage, 

grounded phase and ground monitor 

trip devices to test proper operation and 

results of the tests of the contactors will 

be recorded with the required monthly 

tests of the circuit breakers; (9) prior to 

each remote start-up of a circuit or a 

group of circuits, an audible alarm at 

each affected contactor or affected area, 

will be activated for at least 10 seconds; 

(10) circuits will be wired so that 

contactors can only be closed remotely 

when undervoltage or loss of voltage 

condition no longer exists, and all other 

conditions that cause the contactor to 

open will require a manual reset at the 

contactor; and (11) circuits providing 

power to portable or mobile equipment 

will not be designed to be remotely 

started; and circuits providing power to 

mobile equipment will not be 

configured to be remotely reset. The 

petitioner further states that the 

alternative method would not be 

implemented until all qualified persons 

who perform work on the equipment 

and circuits have received training in 

safe maintenance procedures, and in the 

terms and conditions of the Proposed 

Decision and Order. Persons may review 

a complete description of petitioner’s 

alternative method and procedures at 

the MSHA address listed in this notice. 

The petitioner asserts that the proposed 

alternative method will assure a greater 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4471 

measure of protection to the miners than 

would be provided by the existing 

standard. 

Docket Number: M–2008–057–C. 

Petitioner: Midland Trail Energy, LLC, 

42 Rensford Star Route, Charleston, 

West Virginia 25306. 

Mine: Blue Creek #1 Mine, MSHA I.D. 

No. 46–09297 and Blue Creek #2 Mine, 

MSHA I.D. No. 46–09296, located in 

Kanawha County, West Virginia. 

Regulation Affected: 30 CFR 75.1002 

(installation of electric equipment and 

conductors; permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of Joy 

12CM27 continuous miners which 

operate at 2,400 volts and offer the 

following general safety advantages over 

low-voltage continuous miners: (a) 

Excessive voltage regulation can result 

in motor overheating, inadequate motor 

torque, and excessive wear and tear 

which can in turn reduce the efficiency 

and safety of the continuous miner; and 

(b) safety is diminished as the limits of 

the available interrupting ratings of 

circuit breakers at 1,000 volts are 

encountered. The petitioner’s petition 

addresses: voltage limitation of power 

circuits; voltage limitation of control 

circuits; ground-fault protection; circuit 

testing; short-circuit protection; 

undervoltage protection; guarding of 

high-voltage trailing cables; design of 

high-voltage trailing cables; and repairs 

to high-voltage trailing cables. Persons 

may review a complete description of 

petitioner’s alternative method and 

procedures 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 

affected persons by the 1,000-volt limit 

imposed under 30 CFR 75.2 and 30 CFR 

75.1002. 

Docket Number: M–2008–058–C. 

Petitioner: Timber Coal Company, 

Inc., P.O. Box 188, Sacramento, 

Pennsylvania 17968. 

Mine: Genie Stripping Operation, 

MSHA I.D. No. 36–09098, located in 

Schuylkill County, Pennsylvania. 

Regulation Affected: 30 CFR 

77.1200(c) (Mine map). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of crosssections in lieu of contour lines at 

regular intervals through the area to be 

mined. The petitioner states that: (1) 

Due to the steep pitch encountered in 

mining anthracite coal veins, contours 

provide no useful information and their 

presence would make portions of the 

map illegible; (2) use of cross-sections in 

lieu of contour lines has been practiced 

since the late 1800’s thereby providing 

critical information relative to the 

spacing between veins and proximity to 

other mine workings which fluctuate 

considerably; and (3) the vast majority 

of current surface anthracite mining 

involves either the mining of remnant 

pillars from previous mining/mine 

operators or the mining of veins of 

lower quality in proximity to 

inaccessible and frequently flooded 

abandoned mine workings which may 

or may not be mapped. The petitioner 

asserts that the proposed alternative 

method will in no way provide less than 

the same measure of protection than 

that afforded the miners under the 

existing standard. 

Docket Number: M–2008–006–M. 

Petitioner: Solvay Chemicals, Inc., 

P.O. Box 1167, 400 County Road 85, 

Green River, Wyoming 82935. 

Mine: Solvay Chemicals—Trona 

Underground Mine, MSHA I.D. No. 48– 

01295, 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 the use of certain 

non-permissible tools or their 

equivalent in or beyond the last open 

crosscut. The petitioner states that: (1) 

Specifically these tools are CMXA 51– 

IS Intrinsically Safe (IS) Portable Data 

Collector/FFT Analyzer; (2) methane 

levels would be continuously monitored 

during data collection use by the 

longwall continuous methane monitors 

located at the shear, headgate, and 

tailgate; (3) the continuous methane 

monitors alarm at 1% methane and deenergize the longwall mining machine 

at 1.5% methane; (4) methane levels 

will also be monitored by an 

appropriate continuous monitoring unit 

carried by the operator; and (5) methane 

levels would be measured within 6 

inches of the CMXA 51–IS immediately 

prior to its use. The petitioner asserts 

that the proposed alternative method 

would guarantee the miners no less than 

the same measure of protection given to 

them by the existing standard. 

Dated: January 16, 2009. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. E9–1480 Filed 1–23–09; 8:45 am] 

BILLING CODE 4510–43–P 

MORRIS K. UDALL SCHOLARSHIP 

AND EXCELLENCE IN NATIONAL 

ENVIRONMENTAL POLICY 

FOUNDATION 

Availability of Solicitation for 

Consensus Building Leader for 

Missouri River Recovery 

Implementation Committee 

AGENCY: United States Institute for 

Environmental Conflict Resolution, 

Morris K. Udall Foundation. 

ACTION: Notice of available solicitation. 

SUMMARY: The U.S. Institute for 

Environmental Conflict Resolution (U.S. 

Institute) is soliciting expressions of 

interest, assurances of availability, 

statements of qualifications, and cost 

quotations from highly skilled 

individuals to provide consensus 

building services in the capacity of 

Chair of the Missouri River Recovery 

Implementation Committee (the 

Committee). 

The Committee is a FACA-exempt, 

multi-stakeholder committee as 

described in Section 5018 of the Water 

Resources Development Act of 2007 

(WRDA 2007), see http://www.mrric.org, 

composed of representatives from 

Federal agencies, States, tribes, and nongovernmental and local governmental 

stakeholder interests in the basin. The 

Committee is a collaborative forum for 

providing consensus recommendations 

to the U.S. Army Corps of Engineers 

(USACE) and the U.S. Fish and Wildlife 

Service (USFWS) on endangered species 

recovery activities in the Missouri River 

Basin and the ‘‘study’’ outlined in 

WRDA 2007. The Chair will assist the 

Committee in consensus building efforts 

with support of a facilitation team 

contracted through the U.S. Institute. 

The selected Chair will work in close 

partnership with the U.S. Institute and 

facilitation team, the Committee, and 

representatives from the lead agencies 

(USACE and USFWS) from May through 

December of 2009, to convene 

Committee meetings and support work 

group activities in order to provide 

consensus recommendations to the 

agencies. The work of the contracted 

Chair will be evaluated before the final 

Committee meeting of the year 

(November 2009). If the Committee, the 

U.S. Institute and the lead agencies 

agree, the contract will be extended for 

another year, contingent on the 

availability of funds from the lead 

agencies. 

The solicitation may be accessed at: 

http://www.ecr.gov and at: http:// 

www.mrric.org. This notice invites 

interested individuals to review the 

solicitation and provide a description of