[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Notices]
[Pages 58433-58435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16309]


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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. Jim Walter Resources, Inc.

[Docket No. M-2006-062-C]

    Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444 
has filed a petition to modify the application of 30 CFR 75.1711-1 
(Sealing of shaft openings) to its No. 4 Mine (MSHA I.D. No. 01-01247), 
No. 5 Mine (MSHA I.D. No. 01-01322), and No. 7 Mine (MSHA I.D. No. 01-
01401) all located in Tuscaloosa County, Alabama. The petitioner 
requests a modification of the existing standard to eliminate the 
requirement to cap shafts with vent pipes. The petitioner states that 
in previous experiences of equipping caps with vent pipes, in some 
instances, methane was believed to have existed within the explosive 
range immediately beneath the cap and oxygen was present in sufficient 
quantities to support an ignition or an explosion. The petitioner 
states that to equip caps with vent pipes will be more detrimental to 
miners' safety and health than the current proposal. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

[[Page 58434]]

2. Jim Walter Resources, Inc.

[Docket No. M-2006-063-C]

    Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444 
has filed a petition to modify the application of 30 CFR 75.364(b)(1) 
(Weekly examination) to its No. 7 Mine (MSHA I.D. No. 01-01401) located 
in Tuscaloosa County, Alabama. The petitioner requests a modification 
of the existing standard to eliminate the requirement to inspect each 
intake air course in the Western and Eastern areas of the No. 7 Mine. 
The petitioner states that the affected areas of the mine have fallen 
into disrepair and it is extremely burdensome and dangerous to 
rehabilitate each segment of the area because to travel either segment 
will result in a diminution of safety and health to the miners. The 
petitioner further states that the fresh air traveling through each 
segment of the area continues to be necessary to adequately ventilate 
active workings by diluting and carrying away large quantities of 
methane and coal dust where miners are working underground. The 
petitioner proposes to monitor the northern and southern ends of each 
segment of the mine on a weekly basis to measure air quantity or 
quality conditions. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard and sealing of the area would 
reduce ventilation which will result in a diminution of safety to 
miners.

3. Bridger Coal Company

[Docket No. M-2006-064-C]

    Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942 
has filed a petition to modify the application of 30 CFR 75.500(d) 
(Permissible electric equipment) to its Bridger Underground Mine (MSHA 
I.D. No. 48-01646) located in Sweetwater County, Wyoming. The 
petitioner requests a modification of the existing standard to permit 
the use of non-permissible low-voltage or battery-powered, electronic 
testing and diagnostic equipment, in or inby the last open crosscut. 
The petitioner proposes to use the following equipment within 150 feet 
of pillar workings: Laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices, insulation testers (meggers), voltage, current and 
power measurement devices and recorders, pressure flow measurement 
devices, signal analyzer devices, ultrasonic thickness gauges, 
electronic component testers, and electronic tachometers, and other 
testing and diagnostic equipment if approved in advance by the District 
Manager. The Petitioner states that due to the size, complexity, and 
location of the equipment being tested and diagnosed, it is nearly 
impossible and potentially unsafe to move the equipment at least 150 
feet outby the pillar line once the equipment has broken down. The 
petitioner asserts that application of the existing standard will 
result in a diminution of safety to the miners and the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard. The petitioner further states that 
use of non-permissible electronic testing and diagnostic equipment in 
or inby the last open crosscut would be used with designated 
restrictions which would at all times guarantee no less than the same 
level of protection as the standard.

4. Bridger Coal Company

[Docket No. M-2006-065-C]

    Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942 
has filed a petition to modify the application of 30 CFR 75.1002 
(Installation of electric equipment and conductors; permissibility) to 
its Bridger Underground Mine (MSHA I.D. No. 48-01646) located in 
Sweetwater County, Wyoming. The petitioner requests a modification of 
the existing standard to permit use of low-voltage or battery-powered 
non-permissible, electronic testing, diagnostic equipment, in or inby 
the last open crosscut. The petitioner proposes to use the following 
equipment within 150 feet of pillar workings: Laptop computers, 
oscilloscopes, vibration analysis machines, cable fault detectors, 
point temperature probes, infrared temperature devices, insulation 
testers (meggers), voltage, current and power measurement devices and 
recorders, pressure flow measurement devices, signal analyzer devices, 
ultrasonic thickness gauges, electronic component testers, and 
electronic tachometers, and other testing and diagnostic equipment if 
approved in advance by the District Manager. The petitioner states that 
application of the existing standard will result in a diminution of 
safety to the miners because due to the size, complexity, and location 
of the equipment being tested and diagnosed, it is nearly impossible 
and potentially unsafe to move the equipment at least 150 feet outby 
the pillar line once the equipment has broken down. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard. The petitioner 
further states that use of non-permissible electronic testing and 
diagnostic equipment in or inby the last open crosscut would be used 
with designated restrictions which would at all times guarantee no less 
than the same level of protection as the standard.

5. Mosaic Potash Carlsbad, Inc.

[Docket No. M-2006-006-M]

    Mosaic Potash Carlsbad, Inc., P.O. Box 71, 1361 Potash Mines Road, 
Carlsbad, New Mexico 88221-0071 has filed a petition to modify the 
application of 30 CFR 57.15031 (Location of self-rescue devices) to its 
Underground Potash Mine (MSHA I.D. No. 29-00802) located in Eddy 
County, New Mexico. The petitioner proposes to use 10 minute (Ocenco M-
20 or equivalent) on the miner's belt in concert with a 60 minute Self-
Contained Self-Rescuer (SCSR) located nearby in their Mosaic 
Underground Potash Mine. The petitioner states that the miner will wear 
the M-20 units (MSHA rated at 10 minutes) on their person and a 60 
minute unit (the SR-100, EBA 6.5 or equivalent MSHA rated for 60 
minutes) on their vehicles or equipment. These units will be located 
within 300 to 500 feet or 5 minutes maximum of the employee. The 
combination of devices will be made available to all employees working 
underground and maintained in good condition. The petitioner further 
states that: (1) This proposal will satisfy the State Mining Act while 
enabling the miners to wear an ergonomically suitable SCSR on their 
belt; (2) the alternative to the smaller M-20 type are bulky and heavy 
units that will expose the miners to additional risk associated with a 
large and heavy unit hanging off their belt; and (3) the current MSA W-
65 filter self rescuer (Approval No. TC-14G-82) weighs 2.2 pounds, and 
the smallest SCSR is the SR-100 which weighs 6 pounds and is 
approximately 2.5 larger than the W-65 filter and is awkward to wear. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

6. Mosaic Potash Carlsbad, Inc.

[Docket No. M-2006-007-M]

    Mosaic Potash Carlsbad, Inc., P.O. Box 71, 1361 Potash Mines Road, 
Carlsbad, New Mexico 88221-0071 has filed a petition to modify the 
application of 30 CFR 57.15030 (Provision and maintenance of self-
rescue devices) to its Mosaic Underground Potash Mine (MSHA I.D. No. 
29-00802) located in Eddy County,

[[Page 58435]]

New Mexico. The petitioner states that the miner will wear the M-20 
units (MSHA rated at 10 minutes) on their person and a 60 minute unit 
(the SR-100, EBA 6.5 or equivalent MSHA rated for 60 minutes) on their 
vehicles or equipment. These units will be located within 300 to 500 
feet or 5 minutes maximum of the employee. The combination of devices 
will be made available to all employees working underground and 
maintained in good condition. The petitioner further states that: (1) 
This proposal will satisfy the State Mining Act while enabling the 
miners to wear an ergonomically suitable SCSR on their belt; (2) the 
alternative to the smaller M-20 type are bulky and heavy units that 
will expose the miners to additional risk associated with a large and 
heavy unit hanging off their belt; and (3) the current MSA W-65 filter 
self rescuer (Approval No. TC-14G-82) weighs 2.2 pounds, and the 
smallest SCSR is the SR-100 which weighs 6 pounds and is approximately 
2.5 larger than the W-65 filter and is awkward to wear. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

7. Intrepid Potash NM LLC

[Docket No. M-2006-008-M]

    Intrepid Potash NM LLC, P.O. Box 101, Carlsbad, New Mexico 88221-
0101 has filed a petition to modify the application of 30 CFR 57.15031 
(Location of self-rescue devices) to its Intrepid Underground Potash 
Mine (MSHA I.D. No. 29-00175 (West)) located in Eddy County, New 
Mexico. The petitioner proposes to use 10-Minute (Oeanco M-20 or 
equivalent) and 60-Minute Self-Contained Self-Rescuers (SCSRs) in their 
Underground Potash Mine outside of Carlsbad, New Mexico. The petitioner 
states that the miner will wear the M-20 units (MSHA rated at 10 
minutes) on their person and a 60-Minute unit (the SR-100, EBA 6.5 or 
equivalent MSHA rated for 60 minutes) on their vehicles or equipment. 
The units will be located within 200 to 500 feet or 5 minutes maximum 
of the employee. The petitioner asserts that the proposed alternative 
method would provide at least the same measure of protection as the 
existing standard.

8. Intrepid Potash NM LLC

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

    Intrepid Potash NM LLC, P.O. Box 101, Carlsbad, New Mexico 88221-
0101 has filed a petition to modify the application of 30 CFR 57.15031 
(Location of self-rescue devices) to its Intrepid Underground Potash 
Mine (MSHA I.D. No. 29-00170 (East)) located in Lea County, New Mexico. 
The petitioner proposes to use 10-Minute (Oeanco M-20 or equivalent) 
and 60-Minute Self-Contained Self-Rescuers (SCSRs) in their Underground 
Potash Mine outside of Carlsbad, New Mexico. The petitioner states that 
the miner will wear the M-20 units (MSHA rated at 10 minutes) on their 
person and a 60-Minute unit (the SR-100, EBA 6.5 or equivalent MSHA 
rated for 60 minutes) on their vehicles or equipment. The units will be 
located within 200 to 500 feet or 5 minutes maximum of the employee. 
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 November 2, 2006. Copies of the petitions are 
available for inspection at that address.

    Dated at Arlington, Virginia, this 27th day of September 2006.
Patricia W. Silvey,
Acting Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E6-16309 Filed 10-2-06; 8:45 am]
BILLING CODE 4510-43-P