Federal Register: October 17, 2008 (Volume 73, Number 202)
DOCID: fr17oc08-141 FR Doc E8-24703
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCID: fr17oc08-141
DOCUMENT ACTION: Notice of petitions for modification of existing mandatory safety standards.
SUBJECT CATEGORY:
Petitions for Modification
DATES: All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before November 17, 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
petitions for modification filed by the parties listed below to modify the application of existing
[[Page 61913]]
mandatory safety standards published in Title 30 of the Code of Federal
Regulations.
SUMMARY:
Petitions for Modification,
SUPPLEMENTAL INFORMATION
I. Background
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: M2008045C.
Petitioner: Guest Mountain Mining Corporation, P.O. Box 2560, Wise, Virginia 24293.
Mine: Guest Mountain
Regulation Affected: 30 CFR 77.214(a) (Refuse 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 sealing of abandoned mine openings during
mine closure. The petitioner proposes to use scalped rock to cover the
portal openings of the Guest Mountain
Docket Number: M2008046C.
Petitioner: Black Beauty Coal Company, 13101 Zeigler 11 Road, P.O. Box 369, Coulterville, Illinois 62237.
Mine: Gateway Mine, MSHA I.D. No. 1102408, located in Randolph County, Illinois.
Regulation Affected: 30 CFR 75.11011(b) (Delugetype water spray systems).
Modification Request: The petitioner requests a modification of the
existing standard to permit a weekly visual examination and functional
test to be performed in lieu of using blowoff dust covers for deluge
type water spray firesuppression systems used at each belt drive. The
petitioner states that: (1) Corrections will be made immediately if a
clogged nozzle or any other malfunction is detected as a result of the
weekly examination and functional test; (2) the procedure used to
perform the functional test will be posted at or near each belt drive
that utilizes a delugetype water spray firesuppression system; and
(3) revisions to the approved training plan will specify the procedure
used to conduct weekly functional tests. The petitioner asserts that
the safety of the miners will not be compromised with the proposed testing procedures.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E824703 Filed 101608; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Barbara Barron, Office of Standards, Regulations, and Variances at 2026939447 (Voice),
barron.barbara@dol.gov (Email), or 2026939441 (Telefax). [These are
not tollfree numbers].