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NOTICE: NOTICES

DOCUMENT ACTION: Notice of petition for modification of existing mandatory safety standard.

SUBJECT CATEGORY: Petition for Modification

DATES: All comments on the petition must be received by the Office of Standards, Regulations, and Variances on or before September 15, 2008.

DOCUMENT 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 the existing mandatory safety standard published in [[Page 47981]]
Title 30 of the Code of Federal Regulations.

SUMMARY: Petition for Modification of Existing Mandatory Safety Standard,

SUPPLEMENTAL INFORMATION

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. Petition for Modification

Docket Number: M2008001M.

Petitioner: EP Minerals, LLC, an EaglePicher Company, 2360 Grahamm Blvd., Vale, Oregon 97918.

Mine: Clark Mill, MSHA I.D. 2600677, located in Storey County, Nevada; Colado Plant, MSHA I.D. No. 2600680, located in Pershing County, Nevada; and Celatom Plant, MSHA I.D. No. 3503236, located in Malheur County, Oregon.

Regulation Affected: 30 CFR 56.20001 (Intoxicating beverages and narcotics).

Modification Request: The petitioner requests a modification of the existing standard to permit the use of beer in their laboratories to test a filtration product used by breweries. The laboratory tests are performed by dissolving the product in degassed beer to ensure that it will not affect the breweries' product. The petitioner states that: (1) Their beer is ordered by the leading lab technician or other responsible party, purchased at the local grocery outlet by their purchaser, taken to the lab and stored in a back room, and accessible to only a few authorized people; and (2) the beer is closely tracked to determine how much is on hand and how much is used. The petitioner asserts that the proposed alternative method will provide the same degree of safety as the existing standard.
Lawrence D. Reynolds,
Acting Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E818924 Filed 81408; 8:45 am]
BILLING CODE 451043P

FOR FURTHER INFORMATION CONTACT Lawrence D. Reynolds, Acting Deputy Director, Office of Standards, Regulations, and Variances at 202693 9449 (Voice), reynolds.lawrence@dol.gov (Email), or 2026939441 (Telefax), or contact Barbara Barron at 2026939447 (Voice), barron.barbara@dol.gov (Email), or 2026939441 (Telefax). [These are not tollfree numbers.]