Federal Register: October 2, 2008 (Volume 73, Number 192)
DOCID: fr02oc08-112 FR Doc E8-23186
DEPARTMENT OF LABOR
Mine Safety and Health Administration
DOCUMENT ACTION: Notice of petition for modification of an existing mandatory safety standard.
Petition for Modification
DATES: All comments on the petition must be received by the Office of Standards, Regulations, and Variances on or before November 3, 2008. [[Page 57384]]
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 an existing mandatory safety standard published in Title 30 of the Code of Federal Regulations.
Mandatory Safety Standard; Petition for Modification,
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: M2008044C.
Petitioner: Summit Engineering, Inc., P.O. Box 130, 3016 Rt. 10, Chapmanville, West Virginia 25508 on behalf of INRWV Operating, LLC.
Mine: Saunders Prep. Plant, MSHA I.D. No. 4602140, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 77.214(a) (Refuge 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 abandoned mine openings to be backfilled
with inert nonacid producing soil. The petitioner states that: (1) The
soil will extend approximately 25 feet into the mine and at least 4
feet in all directions beyond the limits of the mine opening; (2) the
existing mine openings are within the foot print of INR's North Rock
Refuse Area; (3) the mine openings are from the Buffalo Mining
Company's No. 5 Mine; (4) production at the mine ceased in 1972 and has
been abandoned since then; and (5) mine openings within the foot print
are updip from additional openings outside of the foot print of the
refuse area, and are dry. The petitioner further states that: (1) There
is significant flow coming out of mine openings downdip from the
refuse area; (2) the entries downdip of the refuse areas will be left
open to allow drainage to continue and not impound water; (3) any
exposed coal seam along the mine bench will be covered with soil to at
least 4 feet above the seam; (4) a riprap rock underdrain connected to
the underdrain of the refuse fill will be installed along the mine
openings consisting of durable sandstone wrapped in filter fabric; (5)
one 12inch SDR11 high density polyethylene pipe will placed at the
mine opening with the lowest elevation; (6) the combination of the
underdrain and pipe will serve to handle localized drainage; and (7)
breaker rock coal refuse will be placed in the fill in accordance with
the approved West Virginia Department of Environmental Protection
Surface Mining Control and Reclamation Act permit. The petitioner
asserts that since the existing mine is abandoned, this plan will
provide the same measure of protection for the miners as the existing standard.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E823186 Filed 10108; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Barbara Barron, Office of Standards, Regulations, and Variances at 2026939447 (Voice),
firstname.lastname@example.org (Email), or 2026939441 (Telefax). [These are not tollfree numbers.]