[Federal Register Volume 73, Number 159 (Friday, August 15, 2008)]
[Notices]
[Pages 47980-47981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18924]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of petition for modification of existing mandatory 
safety standard.

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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 
a petition for modification filed by the party listed below to modify 
the application of the existing mandatory safety standard published in

[[Page 47981]]

Title 30 of the Code of Federal Regulations.

DATES: All comments on the petition must be received by the Office of 
Standards, Regulations, and Variances on or before September 15, 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 a copy of the petition and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Lawrence D. Reynolds, Acting Deputy 
Director, 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. Petition for Modification

    Docket Number: M-2008-001-M.
    Petitioner: EP Minerals, LLC, an Eagle-Picher Company, 2360 Grahamm 
Blvd., Vale, Oregon 97918.
    Mine: Clark Mill, MSHA I.D. 26-00677, located in Storey County, 
Nevada; Colado Plant, MSHA I.D. No. 26-00680, located in Pershing 
County, Nevada; and Celatom Plant, MSHA I.D. No. 35-03236, located in 
Malheur County, Oregon.
    Regulation Affected: 30 CFR 56.20001 (Intoxicating beverages and 
narcotics).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of beer in their laboratories to 
test a filtration product used by breweries. The laboratory tests are 
performed by dissolving the product in degassed beer to ensure that it 
will not affect the breweries' product. The petitioner states that: (1) 
Their beer is ordered by the leading lab technician or other 
responsible party, purchased at the local grocery outlet by their 
purchaser, taken to the lab and stored in a back room, and accessible 
to only a few authorized people; and (2) the beer is closely tracked to 
determine how much is on hand and how much is used. The petitioner 
asserts that the proposed alternative method will provide the same 
degree of safety as the existing standard.

Lawrence D. Reynolds,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
[FR Doc. E8-18924 Filed 8-14-08; 8:45 am]
BILLING CODE 4510-43-P