[Federal Register Volume 74, Number 231 (Thursday, December 3, 2009)]
[Notices]
[Pages 63411-63413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28849]


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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

[[Page 63412]]

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-2007-054-C.
    FR Notice: 72 FR 53265 (September 18, 2007).
    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine: No. 13 Slope (Formerly No. 11 Slope), MSHA I.D. No. 36-09475, 
located in Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1100-2(a)(2) (Quantity and location 
of firefighting equipment).
     Docket Number: M-2008-011-C.
    FR Notice: 73 FR 20066 (April 14, 2008).
    Petitioner: Chevron Mining, Inc., 12398 New Lexington Road, Berry, 
Alabama 35546.
    Mine: North River No. 1 Mine, MSHA I.D. 01-00759, located in 
Fayette County, Alabama.
    Regulation Affected: 30 CFR 75.507 (Power connection points).
     Docket Number: M-2008-032-C.
    FR Notice: 73 FR 38250 (July 3, 2008).
    Petitioner: Double Bonus Coal Company, P.O. Box 414, Pineville, 
West Virginia 24874.
    Mine: No. 65 Mine, MSHA I.D. 46-09020, located in Wyoming County, 
West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2008-033-C.
    FR Notice: 73 FR 42599 (July 22, 2008).
    Petitioner: Penn View Mining Company, Inc., 2340 Smith Road, 
Shelocta, Pennsylvania 15774.
    Mine: TJS 6 Mine, MSHA I.D. No. 36-09464, located in 
Armstrong County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (30 CFR 18.35) (Permissible 
electric equipment; maintenance).
     Docket Number: M-2008-039-C.
    FR Notice: 73 FR 54434 (September 19, 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 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2008-040-C.
    FR Notice: 73 FR 54434 (September 19, 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 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2008-041-C.
    FR Notice: 73 FR 54434 (September 19, 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 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2008-042-C.
    FR Notice: 73 FR 54434 (September 19, 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 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2008-0043-C.
    FR Notice: 73 FR 54434 (September 19, 2008).
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Nolo Mine, MSHA I.D. No. 36-08850, located in Indiana County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
system).
     Docket Number: M-2008-045-C.
    FR Notice: 73 FR 61913 (October 17, 2008).
    Petitioner: Guest Mountain Mining Corporation, P.O. Box 2560, Wise, 
Virginia 24293.
    Mine: Mine No. 4, MSHA I.D. No. 44-05815, located in Wise County, 
Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
     Docket Number: M-2008-048-C.
    FR Notice: 73 FR 69680 (November 19, 2008).
    Petitioner: Mountain Edge Mining, Inc., P.O. Box, 2226, Beckley, 
West Virginia 25802-2226.
    Mine: Coalburg No. 1 Mine, I.D. No. 46-09082, located in Boone 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2008-049-C.
    FR Notice: 73 FR 80434 (December 31, 2008).
    Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler, 
Illinois 62238.
    Mine: Prairie Eagle South Mine, MSHA I.D. 11-03205, located in 
Perry County, Illinois.
    Regulation Affected: 30 CFR 75.503 (30 CFR 18.35) (Permissible 
electric equipment; maintenance).
     Docket Number: M-2008-050-C.
    FR Notice: 73 FR 80434 (December 31, 2008).
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. 15-03178 (New MSHA I.D. No. 15-
19374), located in Union County, Kentucky.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
     Docket Number: M-2008-051-C.
    FR Notice: 73 FR 80434 (December 31, 2008).
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. 15-03178 (New MSHA I.D. No. 15-

[[Page 63413]]

19374), located in Union County, Kentucky.
    Regulation Affected: 30 CFR 75.503 (30 CFR 18.35) (Permissible 
electric equipment; maintenance).
     Docket Number: M-2008-056-C.
    FR Notice: 74 FR 4470 (January 26, 2009).
    Petitioner: Midland Trail Energy, LLC, 42 Rensford Star Route, 
Charleston, West Virginia 25306.
    Mine: Blue Creek No. 1 Mine, MSHA I.D. 46-09297; and Blue Creek No. 
2 Mine, MSHA I.D. No. 46-09296, located in Kanawha County, West 
Virginia.
    Regulation Affected: 30 CFR 75.900 (Low- and medium-voltage 
circuits serving three-phase alternating current equipment; circuit 
breakers).
     Docket Number: M-2008-057-C.
    FR Notice: 74 FR 4471 (January 26, 2009).
    Petitioner: Midland Trail Energy, LLC, 42 Rensford Star Route, 
Charleston, West Virginia 25306.
    Mine: Blue Creek No. 1 Mine, MSHA I.D. 46-09297, and Blue Creek No. 
2 Mine, MSHA I.D. No. 46-09296, located in Kanawha County, West 
Virginia.
    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2008-006-M.
    FR Notice: 74 FR 4471 (January 26, 2009).
    Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, Green River, 
Wyoming 82935.
    Mine: Solvay Chemicals Mine, MSHA I.D. 48-01295, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).

    Dated: November 27, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-28849 Filed 12-2-09; 8:45 am]
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