[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Notices]
[Page 38250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15054]



[[Page 38250]]

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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.

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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 August 4, 2008.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic mail: [email protected].
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2349, 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 2349, 
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, 
Office of Standards, Regulations, and Variances.
    We 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: Lawrence D. Reynolds, Office of 
Standards, Regulations, and Variances at 202-693-9449 (Voice), 
[email protected] (E-mail), or 202-693-9441 (Telefax), or 
contact Barbara Barron at 202-693-9447 (Voice), [email protected] 
(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 modifications.

II. Petitions for Modification

    Docket Number: M-2008-031-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine 75, MSHA I.D. No. 15-17478, located in Perry 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit check points (examination points) to be 
established in seven locations of the Parallel Twin Pines Intake Mains 
due to poor roof conditions that prevent foot travel. The petitioner 
proposes to establish examination points at certain points to evaluate 
airflow entering the Parallel Twin Pines Intake Mines and exiting the 
Parallel Twin Pines Intake Mains. The petitioner also proposes to 
establish ventilation check points between certain breaks of the 
Parallel Twin Pines Intake Mains. The petitioner states that due to 
adverse roof conditions and distance from active works it is 
impractical to expose personnel to traveling this area. The petitioner 
further states that no lesser degree of safety is ensured by traveling 
to both ends of the mains and verifying the adequate air volume and 
quality at the noted evaluation points and check points. 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-2008-032-C.
    Petitioner: Double Bonus Coal Company, P.O. Box 414, Pineville, 
West Virginia 24874.
    Mine: No. 65 Mine, MSHA I.D. No. 46-09020, located in Wyoming 
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 eliminated for 
nozzles on deluge-type water spray systems. The petitioner proposes to 
conduct weekly inspections and functional tests of its complete deluge-
type water spray system. The petitioner states that in view of the 
frequent inspections and functional testing of the system, the dust 
covers are not necessary because the nozzles can be maintained in an 
unclogged condition through weekly use, and 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 by the existing standard.

Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-15054 Filed 7-2-08; 8:45 am]
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