[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Notices]
[Pages 28714-28716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7469]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

    The following parties have filed petitions to modify the 
application of existing safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977.

1. Perry County Coal Corporation

[Docket No. M-2006-009-C]

    Perry County Coal Corporation, 1845 S. KY Hwy.15, Hazard, Kentucky 
41701 has filed a petition to modify the application of 30 CFR 
75.364(a)(2) (Weekly examination) to its HZ4-1 Mine (MSHA I.D. No. 15-
02085) located in Perry County, Kentucky. The petitioner requests a 
modification of the existing standard to permit approved check points 5 
and 5A to be relocated in the neutral entry on the Southwest Mains, and 
add check points 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5I, 5J, 5K, 5L, 5M, and 5N 
which will be located in the neutral entry in the Southwest Mains, due 
to hazardous roof and rib conditions. The petitioner has listed 
specific procedures in this petition that will be followed when the 
proposed alternative method is implemented. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

2. Six M. Coal Company

[Docket No. M-2006-010-C]

    Six M Coal Company, 647 South Street, Lykens, Pennsylvania 17048 
has filed a petition to modify the application of paragraph (b) of 30 
CFR 49.2 (Availability of mine rescue teams) to its No. 1 Slope Mine 
(MSHA I.D. No. 36-09138) located in Dauphin County, Pennsylvania. The 
petitioner requests a modification of the existing standard to permit 
the use of reduction of two mine rescue teams with three members with 
one alternative for either team in lieu of two mine rescue teams with 
five members and one alternate each team. The petitioner asserts that 
to utilize five or more rescue team members in the mine's confined 
working places would result in a diminution of safety to both the 
miners at the mine and members of the rescue team, and that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

3. Six M. Coal Company

[Docket No.M-2006-011-C]

    Six M Coal Company, 647 South Street, Lykens, Pennsylvania 17048 
has filed a petition to modify the application of 30 CFR 75.1202 and 
1202-1(a) (Temporary notations, revisions, and supplements) to its No. 
1 Slope Mine (MSHA I.D. No. 36-09138) located in Dauphin County, 
Pennsylvania. The petitioner proposes to revise and supplement mine 
maps annually instead of every 6 months as required, and to update maps 
daily by hand notations. The petitioner also proposes to conduct 
surveys prior to commencing retreat mining and whenever either a 
drilling program under 30 CFR 75.388 or plan for mining into 
inaccessible areas under 30 CFR 75.389 is required. The petitioner 
asserts that the proposed alternative method would provide at least the 
same

[[Page 28715]]

measure of protection as the existing standard.

4. Twentymile Coal Company

[Docket No. M-2006-012-C]

    Twentymile Coal Company, Gateway Center, Suite 1340, 401 Liberty 
Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to modify 
the application of 30 CFR 75.362(d)(2) (On-shift examination) to its 
Foidel Creek Mine (MSHA I.D. No. 05-03836) located in Routt County, 
Colorado. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance to the taking of 
methane tests by means of an extendable probe. The petitioner proposes 
the following for use when equipment is operated inby the last open 
crosscut such as, but not limited to, spot roof-bolting and cleanup 
activities with a scoop or other mining equipment: (i) In working 
places before a continuous miner is taken into the place or energized, 
methane tests will be taken at the face from under permanent roof 
support or when such test is not appropriate because the last row of 
permanent roof support or when such test is not appropriate because the 
last row of permanent support is sufficiently back from the face, using 
a probe with a maximum extension of 16 feet inby the second row of 
supports. If the probe is used, a methane test will be taken with an 
on-board methane detection system which draws a sample from the face to 
be performed once the miner is trammed to a location beyond supported 
roof; (ii) in working places before a roof bolter, scoop or other 
equipment is taken into the place or energized inby the last open 
crosscut but outby the last row of bolts, before the equipment it taken 
into the place or energized, methane tests will at the face from under 
permanent roof support or when such test is not appropriate because the 
last row of permanent support is sufficiently back from the face, using 
a probe 16 feet inby the second row of bolts. The methane tests at the 
last row of permanent roof supports will be taken every 20 minutes with 
the equipment as energized unless the equipment is inby the face 
ventilation device. If so, a probe will be used to check for methane 16 
feet inby the second row of bolts; and (iii) in working places before a 
roof bolter is taken into the place or energized inby the last open 
crosscut and inby the last row of bolts, before the equipment is taken 
into the place or energized, methane tests will be taken at the face 
from under permanent roof support, or when such test is not appropriate 
because the last row of permanent support is sufficiently back from the 
face using a probe that extends 16 feet inby the second row of bolts, 
and a machine-mounted methane monitor will be installed on the roof 
bolter using the specific procedures listed in the this petition. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

5. Twentymile Coal Company

[Docket No. M-2006-013-C]

    Twentymile Coal Company, Gateway Center, Suite 1340, 401 Liberty 
Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to modify 
the application of 30 CFR 75.362(a)(2) (On-shift examination) to its 
Foidel Creek Mine (MSHA I.D. No. 05-03836) located in Routt County, 
Colorado. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance for examining of 
dust control parameters. The petitioner proposes to have a certified 
person conduct the examination as required in 30 CFR 75.362(a)(2). The 
certified persons will have readily available to them pressure gauges 
and similar devices that are useful in conducting the examinations. The 
examinations will be conducted on the shift prior to the first 
production shift within three hours of the end of the shift by 
experienced personnel qualified to perform such examinations, and any 
potential hazards will be identified. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

6. Twentymile Coal Company

[Docket No. M-2006-014-C]

    Twentymile Coal Company, Gateway Center, Suite 1340, 401 Liberty 
Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to modify 
the application of 30 CFR 75.1902(c) (Underground diesel fuel storage-
general requirements) to its Foidel Creek Mine (MSHA I.D. No. 05-03836) 
located in Routt County, Colorado. The petitioner requests a 
modification of the existing standard to permit the use of additional 
temporary underground diesel fuel storage areas. The petitioner 
proposes to utilize additional temporary underground diesel fuel 
storage areas, particularly, but not limited to, so that it can perform 
work in its tailgate such as removing belt structure, installing seals, 
and rock dusting. The petitioner states that the temporary fuel storage 
will be equipped with an automatic fire suppression system; a carbon 
monoxide sensor will be installed immediately downwind from the station 
which will be linked to the mine-wide atmospheric monitoring system; 
the temporary fuel storage area will be located in an area of the mine 
in a separate split of air from any active working sections; and the 
temporary fuel storage area will be vented to the return. The 
petitioner further states that the location of the storage area will 
have access to two separate and distinct escapeways, one of which 
contains intake air and will be either in the entry where the fuel 
storage area is located, or one crosscut inby or outby the area through 
an open crosscut, a man-door, or equipment door. The petitioner has 
listed additional specific procedures in this petition that will be 
followed when the proposed alternative method is implemented. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

7. Twentymile Coal Company

[Docket No. M-2006-015-C]

    Twentymile Coal Company, Gateway Center, Suite 1340, 401 Liberty 
Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to modify 
the application of 30 CFR 75.324 (Intentional changes in the 
ventilation system) to its Foidel Creek Mine (MSHA I.D. No. 05-03836) 
located in Routt County, Colorado. The petitioner requests a 
modification of the existing standard to permit the temporary reversal 
of the air in the belt entry during non-production work in the belt 
entry, or because of the necessity of emergency access for belt 
breakage, coal spillage, or roof conditions that require access without 
having to remove persons from the mine or de-energize power for the 
affected area. The petitioner has listed specific procedures in this 
petition that will be followed when the proposed alternative method is 
implemented. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via E-mail: [email protected]; Fax: (202) 693-9441; or 
Regular Mail/Hand Delivery/Courier: Mine Safety and Health 
Administration, Office of Standards, Regulations, and Variances, 1100 
Wilson Boulevard, Room 2350, Arlington, Virginia 22209. All comments 
must be postmarked or received in that office on or before June 16, 
2006.

[[Page 28716]]

    Copies of these petitions are available for inspection at that 
address.

    Dated at Arlington, Virginia this 10th day of May 2006.
Patricia W. Silvey,
Acting Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E6-7469 Filed 5-16-06; 8:45 am]
BILLING CODE 4510-43-P