[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Notices]
[Pages 56180-56181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8248]


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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 and 30 CFR part 44.

1. Excel Coal Company

[Docket No. M-2006-057-C]

    Excel Coal Company, RD 2 Box 665, Shamokin, Pennsylvania 
17872 has filed a petition to modify the application of 30 CFR 75.1400 
(Hoisting equipment; general) to its Three S. Slope Mine (MSHA I.D. No. 
36-09309) located in Northumberland County, Pennsylvania. The 
petitioner proposes to use the slope (gunboat) to transport persons in 
shafts and slopes using an increased rope strength/safety factor and 
secondary safety rope connection instead of using safety catches or 
other no less effective devices. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

2. Excel Coal Company

[Docket No. M-2005-058-C]

    Excel Coal Company, RD 2 Box 665, Shamokin, Pennsylvania 
17872 has filed a petition to modify the application of 30 CFR 75.1100-
2(a)(2) (Quantity and location of firefighting equipment) to its Three 
S. Slope Mine (MSHA I.D. No. 36-09309) located in Northumberland 
County, Pennsylvania. The petitioner proposes to use portable fire 
extinguishers only to replace existing requirements where rock dust, 
water cars, and other water storage equipped with three, 10 quart pails 
is not practical. The petitioner asserts that equivalent fire 
protection will be provided for the mine with two portable fire 
extinguishers near the slope bottom and an additional portable fire 
extinguisher within 500 feet of the working face and that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

3. Excel Coal Company

[Docket No. M-2006-059-C]

    Excel Coal Company, RD 2 Box 665, Shamokin, Pennsylvania 
17872 has filed a petition to modify the application of 30 CFR 
75.1200(d) & (i) (Mine map) to its Three S. Slope Mine (MSHA I.D. No. 
36-09309) located in Northumberland County, Pennsylvania. The 
petitioner proposes to use cross-sections instead of contour lines 
through the intake slope at locations of rock tunnel connections 
between veins, and at 1,000 foot intervals of advance from the intake 
slope. In addition, the petitioner proposes to limit the required 
mapping of the mine workings above and below to those present within 
100 feet of the vein being mined except when veins are interconnected 
to other veins beyond the 100-foot limit through rock tunnels. The 
petitioner states that due to the steep pitch encountered in mining 
anthracite coal veins, contours provide no useful information and their 
presence would make portions of the map illegible. The petitioner 
further states that use of cross-sections in lieu of contour lines has 
been practiced since the late 1800's and provides critical information 
about the spacing between veins and proximity to other mine workings, 
which fluctuate considerably. Additionally, they state that the mine 
workings above and below are usually inactive and abandoned, and 
therefore, are not subject to changes during the life of the mine. 
Petitioner asserts that when evidence indicates that prior mining was 
conducted on a vein above or below and research exhausts the 
availability of mine mapping, the vein will be considered to be mined 
and flooded and appropriate precautions will be taken under 30 CFR 
75.388, when possible. Thus, when potential hazards exist and mine 
drilling capabilities limit penetration, petitioner will drill surface 
boreholes to intercept the mine workings and will analyze the results 
prior to mining in the affected area. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

4. Excel Coal Company

[Docket No. M-2006-060-C]

    Excel Coal Company, RD 2 Box 665, Shamokin, Pennsylvania 
17872 has filed a petition to modify the application of 30 CFR 49.2(b) 
(Availability of mine rescue teams) to its Three S. Slope Mine (MSHA 
I.D. No. 36-09309) located in Northumberland County, Pennsylvania. The 
petitioner requests a modification of the existing standard to permit 
the reduction of two mine rescue teams with five members and one 
alternate each, to two mine rescue teams of three members with one 
alternate for either team. The petitioner states that the mine is small 
and an attempt 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 the members of the rescue team. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

5. Big River Mining, LLC

[Docket No. M-2006-061-C]

    Big River Mining, LLC, P.O. Box 186, New Haven, West Virginia 25626 
has filed a petition to modify the application of 30 CFR 75.900 (Low- 
and medium-voltage circuits serving three-phase alternating current 
equipment; circuit breakers) to its Broad Run Mine (MSHA I.D. No. 46-
09136) located in Mason County, West Virginia. The petitioner proposes 
to use a contactor in certain locations in series with the circuit 
breaker. The petitioner states that: (1) The contactors are designed 
and rated for switching and will switch a great number of times more 
than a circuit breaker without failure and are more reliable than 
circuit breakers for switching when used within their rating; (2) many 
of the installations use a circuit breaker in series with a contactor, 
but Big River Mining would like to use the circuit breaker for short 
circuit; (3) the contactor may be equipped to provide undervoltage, 
grounded phase protection, overload protection, and other protective 
functions normally provided by the circuit breaker; and (4) the 
contactors would provide undervoltage, grounded phase, overload, and 
monitor the grounding conductors for low- and medium-voltage power 
circuits serving three-phase alternating current equipment using the 
following special terms and conditions: (a) The nominal voltage of the 
power circuits(s) will not exceed 995 volts; (b) the nominal voltage of 
the control circuit(s) and audible alarms units will not exceed 120 
volts; and (c) the contactor will be built into the same enclosure as 
the circuit breakers. Further details of the terms and conditions are 
listed in the petition for modification and are available upon request. 
The petitioner further states that the proposed alternative method 
would not be implemented until all qualified persons who perform work 
on the equipment and the circuits have received training in the safe

[[Page 56181]]

maintenance procedures and terms and conditions of the Proposed 
Decision and Order. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

6. Round Mountain Gold Corporation

[Docket No. M-2006-005-M]

    Round Mountain Gold Corporation, P.O. Box 480, Round Mountain, 
Nevada 89045 has filed a petition to modify the application of 30 CFR 
56.6309(b) (Fuel oil requirements for ANFO) to its Smoke Valley Common 
Operation (MSHA I.D. No. 26-00594) located in Nye County, Nevada. The 
petitioner proposes to install a commercially manufactured system (a 
Doerschneider oil blender) specifically engineered to blend recycled 
oil with diesel fuel in the manufacturing process for ANFO. The 
resulting blend of recycled oils and diesel fuel will be used to 
manufacture ammonium nitrate-fuel oil (ANFO) for blasting. Further 
details of the terms and conditions are listed in the petition for 
modification and are available upon request. 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 to [email protected]. Include ``petitions 
for modification'' in the subject line of the e-mail. Comments can also 
be submitted by fax, regular mail, or hand-delivery. If faxing your 
comments, include ``petitions for modification'' on the subject line of 
the fax. Comments by regular mail or hand-delivery should be submitted 
to the Mine Safety and Health Administration, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia 22209. If hand-delivered, you are required to stop 
by the 21st floor to check in with the receptionist. All comments must 
be postmarked or received by the Office of Standards, Regulations, and 
Variances on or before October 26, 2006. Copies of the petitions are 
available for inspection at that address.

    Dated at Arlington, Virginia this 19th day of September 2006.
Ria Moore Benedict,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 06-8248 Filed 9-25-06; 8:45 am]
BILLING CODE 4510-43-P