[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Page 16179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7196]


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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: 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-2008-047-C
    FR Notice: 73 FR 69680 (November 19, 2008).
    Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler, 
Illinois 62238.
    Mine: Prairie Eagle Underground Mine, MSHA I.D. No. 11-03147, 
located in Perry County, Illinois.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2009-008-C
    FR Notice: 73 FR 23745 (May 20, 2009).
    Petitioner: Excel Mining, LLC, Box 4126, State Highway 194 West, 
Pikeville, Kentucky 41501.
    Mine: Mine No. 3, MSHA I.D. No. 15-08079, located in Pike County, 
Kentucky.
    Regulation Affected: 30 CFR 75.503 (18.35) (Permissible electric 
face equipment; maintenance).
     Docket Number: M-2009-012-C
    FR Notice: 74 FR 23746 (May 20, 2009).
    Petitioner: Wolf Run Mining Company, 1 Edmiston Way, Buckhannon, 
West Virginia 26201.
    Mine: Imperial Mine, MSHA I.D. No. 46-09115, located in Upshur 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2009-013-C
    FR Notice: 74 FR 27185 (June 8, 2009).
    Petitioner: Wolf Run Mining Company, Rt. 3, Box 146, Philippi, West 
Virginia 26416.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Docket Number: M-2009-003-M
    FR Notice: 74 FR 27186 (June 8, 2009).
    Petitioner: Resolution Copper Mining, LLC, 102 Magma Heights, P.O. 
Box 1944, Superior, Arizona 85273.
    Mine: Resolution Copper Mine, MSHA I.D. No. 02-00152, located in 
Pinal County, Arizona.
    Regulation Affected: 30 CFR 57.15031 (Location of self-rescue 
devices).

    Dated: March 26, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-7196 Filed 3-30-10; 8:45 am]
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