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###### Department of Labor

###### Mine Safety and Health Administration

# AGENCY:

Mine Safety and Health Administration (MSHA), Labor.

# ACTION:

Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part.

# 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),                         *reynolds.lawrence@dol.gov*                         (E-mail), or 202-693-9441 (Telefax), or Barbara Barron at 202-693-9447 (Voice),                         *barron.barbara@dol.gov*                         (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