[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23744-23745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11685]


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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: 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-2006-080-C.
    FR Notice: 72 FR 8202 (February 23, 2007).
    Petitioner: Black Beauty Coal Company, 13101 Ziegler 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 75.364(b)(1) (Weekly examination).
     Docket Number: M-2006-088-C.
    FR Notice: 72 FR 8204 (February 23, 2007).
    Petitioner: Cumberland River Coal Company, P.O. Drawer 109, 
Appalachia, Virginia 24216.
    Mine: Band Mill Mine, MSHA I.D. 44-06816, located in Wise County, 
Virginia.
    Regulation Affected: 30 CFR 75.364(b)(1) (Weekly examination).
     Docket Number: M-2008-002-C.
    FR Notice: 73 FR 12775 (March 10, 2008).
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine 75, MSHA I.D. 15-17478, located in Perry 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
     Docket Number: M-2008-014-C.
    FR Notice: 73 FR 28529 (May 16, 2008).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Ondo Extension Mine, MSHA I.D. No. 36-09005, located in 
Indiana County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2008-015-C.
    FR Notice: 73 FR 28529 (May 16, 2008).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Nolo Mine, MSHA I.D. No. 36-08850, located in Armstrong 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2008-016-C.
    FR Notice: 73 FR 28529 (May 16, 2008).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Madison Mine, MSHA I.D. No. 36-09127, located in Cambria 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2008-017-C.
    FR Notice: 73 FR 28529 (May 16, 2008).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Gillhouser Run Mine, MSHA I.D. No. 36-09033, located in 
Indiana County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2008-018-C.
    FR Notice: 73 FR 28529 (May 16, 2008).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Dora 8 Mine, MSHA I.D. No. 36-08704, located in Jefferson 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
     Docket Number: M-2008-019-C.
    FR Notice: 73 FR 28530 (May 16, 2008).
    Petitioner: White County Coal, LLC, 1525 Country Road 1300 N, P.O. 
Box 457, Carmi, Illinois.
    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).
     Docket Number: M-2008-020-C.
    FR Notice: 73 FR 31147 (May 30, 2008).
    Petitioner: Rockhouse Creek Development, LLC, P.O. Box 1389, 
Gilbert, West Virginia 25621.
    Mine: No. 6 Mine, MSHA I.D. No. 46-08268, Mine No. 2, MSHA I.D. No. 
46-

[[Page 23745]]

08636, and No. 9 Mine, MSHA I.D. No. 46-08976, located in Logan County, 
West Virginia; and No. 3 Mine, MSHA I.D. No. 46-08778 and No. 8 Mine, 
MSHA I.D. No. 46-09018, located in Mingo County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2008-025-C.
    FR Notice: 73 FR 34963 (June 19, 2008).
    Petitioner: ICG Beckley, LLC, P.O. Box 49, Eccles, West Virginia 
25836.
    Mine: Beckley Pocahontas Mine, I.D. No. 46-05252, located in 
Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2008-046-C.
    FR Notice: 73 FR 61912 (October 17, 2008).
    Petitioner: Black Beauty Coal Company, 13101 Ziegler 11 Road, P.O. 
Box 369, Coulterville, Illinois 62237.
    Mine: Gateway Mine, MSHA I.D. 11-02408, located in Randolph County, 
Illinois.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-11685 Filed 5-19-09; 8:45 am]
BILLING CODE 4510-43-P