[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57297-57298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23324]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Existing Mandatory Safety Standards

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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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 mandatory safety standards published in 
Title 30 of the Code of Federal Regulations.

DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations and Variances on or before October 20, 2010.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#9fccebfef1fbfeedfbecb2cffaebf6ebf6f0f1ecdffbf0f3b1f8f0e9"><span class="__cf_email__" data-cfemail="fcaf889d92989d8e988fd1ac998895889593928fbc989390d29b938a">[email protected]</span></a>.
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances.
    4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations 
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 
22209-3939, Attention: Patricia W. Silvey, Director, Office of 
Standards, Regulations and Variances.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments. Individuals 
who submit comments by hand-delivery are required to check in at the 
receptionist desk on the 21st floor.
    Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
<a href="/cdn-cgi/l/email-protection#55373427273a3b7b3734273734273415313a397b323a23"><span class="__cf_email__" data-cfemail="5f3d3e2d2d3031713d3e2d3d3e2d3e1f3b303371383029">[email protected]</span></a> (E-mail), or 202-693-9441 (Telefax). [These are 
not toll-free numbers].

SUPPLEMENTARY 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

[[Page 57298]]

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 modification.

II. Petitions for Modification

    Docket Number: M-2010-033-C.
    Petitioner: Matrix Energy, LLC, Mine No. 1, MSHA I.D. No. 15-18575; 
Coalburg Enterprises, Inc., Mine No. 8, MSHA I.D. No. 15-19494; and 
Eagle Coal Company, Inc., Mine No. 22, MSHA I.D. No. 15-16663 and Mine 
No. 24, MSHA I.D. No. 15-19296, Rt. 292, P.O. Box 190, Lovely, Kentucky 
41231. All of these mines are located in Martin County, Kentucky.
    Regulation Affected: 30 CFR 75.208 (Warning devices).
    Modification Request: The petitioner requests a modification of the 
existing standard to that portion of the standard requiring the end of 
permanent roof support to be posted with readily visible warning. The 
petitioner states that: (1) A greater degree of safety is provided for 
the miner by hanging the reflector on the second row, rather than on 
the first row of permanent support outby unsupported roof; and (2) 
hanging the reflector on the first row would subject a portion of the 
miner's body inby supported roof, which could result in a serious 
injury. Therefore, the petitioner requests to hang the reflector on the 
second row of permanent support outby unsupported roof. The petitioner 
asserts that the proposed alternative method will at all times comply 
with the safety standard and guarantee greater protection than the 
existing standard.
    Docket Number: M-2010-034-C.
    Petitioner: Four O Mining Corporation, P.O. Box 148, Vansant, 
Virginia 24656 .
    Mine: No. 10 Mine, MSHA I.D. No. 44-07217, located in Dickenson 
County, Virginia.
    Regulation Affected: 30 CFR 75.1101-2 (Installation of deluge-type 
sprays).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance in lieu 
of providing a fire suppression system on the belt drive, as it 
pertains to 50 foot coverage of fire suppression. The petitioner 
requests this modification because of the Fairchild continuous miner 
and the rapid haul that travels up and down from near the belt drive to 
the end. To ensure safety, the petitioner proposes to put one man with 
a CO Detector with a 1-1/2 inch fire hose with a firefighting nozzle 
hooked up at all times until the 50 foot distance is established from 
the belt drive to the rapid haul. The petitioner asserts that the 
proposed alternative method will provide a measure of protection equal 
to or greater than that of the existing standard.

    Dated: September 14, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-23324 Filed 9-17-10; 8:45 am]
BILLING CODE 4510-43-P


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