[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Notices]
[Pages 57383-57384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23186]


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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 an 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 an existing mandatory safety standard published in 
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 November 3, 2008.

[[Page 57384]]


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 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 copy of the petition 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), 
[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-2008-044-C.
    Petitioner: Summit Engineering, Inc., P.O. Box 130, 3016 Rt. 10, 
Chapmanville, West Virginia 25508 on behalf of INR-WV Operating, LLC.
    Mine: Saunders Prep. Plant, MSHA I.D. No. 46-02140, located in 
Logan County, West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuge piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard which prohibits refuse piles to be located over 
abandoned openings to permit abandoned mine openings to be backfilled 
with inert non-acid producing soil. The petitioner states that: (1) The 
soil will extend approximately 25 feet into the mine and at least 4 
feet in all directions beyond the limits of the mine opening; (2) the 
existing mine openings are within the foot print of INR's North Rock 
Refuse Area; (3) the mine openings are from the Buffalo Mining 
Company's No. 5 Mine; (4) production at the mine ceased in 1972 and has 
been abandoned since then; and (5) mine openings within the foot print 
are up-dip from additional openings outside of the foot print of the 
refuse area, and are dry. The petitioner further states that: (1) There 
is significant flow coming out of mine openings down-dip from the 
refuse area; (2) the entries down-dip of the refuse areas will be left 
open to allow drainage to continue and not impound water; (3) any 
exposed coal seam along the mine bench will be covered with soil to at 
least 4 feet above the seam; (4) a riprap rock underdrain connected to 
the underdrain of the refuse fill will be installed along the mine 
openings consisting of durable sandstone wrapped in filter fabric; (5) 
one 12-inch SDR-11 high density polyethylene pipe will placed at the 
mine opening with the lowest elevation; (6) the combination of the 
underdrain and pipe will serve to handle localized drainage; and (7) 
breaker rock coal refuse will be placed in the fill in accordance with 
the approved West Virginia Department of Environmental Protection 
Surface Mining Control and Reclamation Act permit. The petitioner 
asserts that since the existing mine is abandoned, this plan will 
provide the same measure of protection for the miners as the existing 
standard.

Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-23186 Filed 10-1-08; 8:45 am]
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