[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61912-61913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24703]


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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

[[Page 61913]]

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 November 17, 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 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), 
[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-2008-045-C.
    Petitioner: Guest Mountain Mining Corporation, P.O. Box 2560, Wise, 
Virginia 24293.
    Mine: Guest Mountain 3 Mine, MSHA I.D. No. 44-07069 and 
Guest Mountain 4 Mine, MSHA I.D. No. 44-05815, located in Wise 
County, Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse 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 sealing of abandoned mine openings during 
mine closure. The petitioner proposes to use scalped rock to cover the 
portal openings of the Guest Mountain 3 Mine upon closure of 
the mine in late 2008 or in early 2009. The petitioner states that: (1) 
This disposal fill will utilize scalped rock, i.e. underground 
development waste, partings, and ``draw'' rock/laminated shale roof 
rock from the adjacent Guest Mountain 4 Mine, Maggard Branch 
Coal, LLC, Virginia Division of Mined Land Reclamation Permit 1402002; 
(2) both mines are in the Parsons seam; and (3) there is a highwall at 
the mine portal area that varies in height from a few feet up to 
approximately 50 feet. The petitioner states that the refuse fill will 
consist of a combination of scalped rock and non-combustible rock rip 
rap that will ensure the openings will drain freely and not impound 
water, in the event the openings have water, and will not affect the 
stability of the refuse fill. The petitioner states that there are no 
plans to place mine refuse, i.e., scalped rock over the portals in 
question until after the mine has ceased underground operations, and 
there will be no miners underground during the entire time the scalped 
rock is being placed. The petitioner further states that the placement 
of scalped rock above its portals can be done safely and in accordance 
with all regulations by following the plan as outlined in this 
petition. The petitioner asserts that its proposal to cover the mine 
openings provides the same measure of protection as the existing 
standard.
    Docket Number: M-2008-046-C.
    Petitioner: Black Beauty Coal Company, 13101 Zeigler 11 Road, P.O. 
Box 369, Coulterville, Illinois 62237.
    Mine: Gateway Mine, MSHA I.D. No. 11-02408, located in Randolph 
County, Illinois.
    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 a weekly visual examination and functional 
test to be performed in lieu of using blow-off dust covers for deluge-
type water spray fire-suppression systems used at each belt drive. The 
petitioner states that: (1) Corrections will be made immediately if a 
clogged nozzle or any other malfunction is detected as a result of the 
weekly examination and functional test; (2) the procedure used to 
perform the functional test will be posted at or near each belt drive 
that utilizes a deluge-type water spray fire-suppression system; and 
(3) revisions to the approved training plan will specify the procedure 
used to conduct weekly functional tests. The petitioner asserts that 
the safety of the miners will not be compromised with the proposed 
testing procedures.

Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-24703 Filed 10-16-08; 8:45 am]
BILLING CODE 4510-43-P