[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Notices]
[Page 50843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19919]


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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: Lawrence D. Reynolds, Acting Deputy 
Director, Office of Standards, Regulations, and Variances at 202-693-
9449 (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-2007-066-C.
    FR Notice: 72 FR 70351 (December 11, 2007).
    Petitioner: Knight Hawk Coal, LLC, 501 Barwick Road, Elkville, 
Illinois 62932.
    Mine: Royal Falcon Mine, MSHA I.D. No. 11-03162, located in Jackson 
County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment) and 30 CFR 18.35 (Portable (trailing) cables and cords) .
     Docket Number: M-2007-071-C.
    FR Notice: 73 FR 4638 (January 25, 2008).
    Petitioner: Independence Coal Company, HC 78, Box 1800, Madison, 
West Virginia 25130.
    Mine: Allegiance Mine, MSHA I.D. No. 46-08735, located in Boone 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility).

Lawrence D. Reynolds,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
[FR Doc. E8-19919 Filed 8-27-08; 8:45 am]
BILLING CODE 4510-43-P