[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Page 1248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-330]



[[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), [email protected] (E-mail), or 202-693-9441 
(Telefax), or 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. 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