[Federal Register: January 12, 2009 (Volume 74, Number 7)]
[Notices]
[Page 1248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja09-106]
[[Page 1248]]
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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.
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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: Roslyn B. Fontaine, Acting Deputy
Director, Office of Standards, Regulations, and Variances at 202-693-
9475 (Voice), fontaine.roslyn@dol.gov (E-mail), or 202-693-9441
(Telefax), or Barbara Barron 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. 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-2007-011-C.
FR Notice: 72 FR 31859 (June 8, 2007).
Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky
41763.
Mine: No. 75 Mine, MSHA I.D. No. 15-17478, located in Perry County,
Kentucky.
Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
Docket Number: M-2007-035-C.
FR Notice: 72 FR 36066 (July 2, 2007).
Petitioner: Black Beauty Coal Company, LLC, Vermilion Grove Road,
4500 N 1500 East Road, Ridge Farm, Illinois 61870-6075.
Mine: Riola Mine Complex-Vermilion Grove, MSHA I.D. No. 11-03060,
located in Vermilion County, Illinois.
Regulation Affected: 30 CFR 75.1909(b)(6) (Non-permissible diesel-
powered equipment; design and performance requirements).
Docket Number: M-2007-067-C.
FR Notice: 72 FR 70350 (December 11, 2007).
Petitioner: Mach Mining, LLC, P.O. Box 300, Johnson City, Illinois
62951.
Mine: Mach No. 1 Mine, MSHA I.D. No. 11-03141, located in
Williamson County, Illinois.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Docket Number: M-2007-070-C.
FR Notice: 73 FR 4638 (January 25, 2008).
Petitioner: White County Coal, LLC, P.O. Box 457, Carmi, Illinois
62821.
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) and 30 CFR 18.35 (Portable trailing cables and
cords).
Docket Number: M-2007-072-C.
FR Notice: 73 FR 4638 (January 25, 2008).
Petitioner: Harlan-Cumberland Coal Company, P.O. Box 1710, 103
South Cumberland Avenue, Suite 200, Harlan, Kentucky 40831.
Mine: Totz Preparation Plant, MSHA I.D. No. 15-10657, located in
Harlan County, Kentucky.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Docket Number: M-2008-001-C.
FR Notice: 73 FR 7324 (February 7, 2008).
Petitioner: S & M Coal Company, 1744 E. Grand Avenue, Tower City,
Pennsylvania 17980.
Mine: Buck Mountain Slope, MSHA I.D. No. 36-02022, located in
Dauphin County, Pennsylvania.
Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
Docket Number: M-2008-003-C.
FR Notice: 73 FR 12775 (March 10, 2008).
Petitioner: Brooks Run Mining Company, 208 Business Street,
Beckley, West Virginia 25801.
Mine: Wyoming No. 1 Mine, MSHA I.D. No. 46-09213, located in
Wyoming County, West Virginia; Cucumber Mine, MSHA I.D. No. 46-09066
and War Branch No. 1 Mine, MSHA I.D. No. 46-09055, located in McDowell
County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Docket Number: M-2008-004-C.
FR Notice: 73 FR 12775 (March 10, 2008).
Petitioner: The American Coal Company, P.O. Box 727, Harrisburg,
Illinois 62946.
Mine: Galatia Mine, MSHA I.D. No. 11-02752, located in Saline
County, Illinois.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and
cords).
Docket Number: M-2008-010-C.
FR Notice: 73 FR 20066 (April 24, 2008).
Petitioner: Pleasant View Mining Company, Inc., 755 Nebo Road,
Madisonville, Kentucky 42431.
Mine: Richland No. 9 Mine, MSHA I.D. No. 15-17232, Hopkins County,
Kentucky.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Dated: January 6, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E9-330 Filed 1-9-09; 8:45 am]
BILLING CODE 4510-43-P