[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70547-70548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20569]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

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

ACTION: Notice of petitions for modification of existing mandatory 
safety standards.

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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: Comments on the petitions must be postmarked and received by the 
Office of Standards, Regulations, and Variances on or before January 4, 
2007.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. E-Mail: [email protected].
    2. Telefax: 1-202-693-9441.
    3. Hand-Delivery or Regular Mail: Submit comments to the Mine 
Safety and Health Administration (MSHA), Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, 
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, 
Office of Standards, Regulations, and Variances.
    We 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. If you 
submit your comments by hand-delivery, you are required to check in at 
the receptionist desk on the 21st floor.
    Copies of the petitions and comments will be available during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Ria Moore Benedict, Deputy Director, 
Office of Standards, Regulations, and Variances at 202-693-9443 
(Voice), [email protected] (e-mail), or 202-693-9441 (Telefax), or 
you can contact Barbara Barron at 202-693-9447 (Voice), 
[email protected] (e-mail), or 202-693-9441 (Telefax). [These are 
not toll-free numbers].

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 an alternative 
method of achieving the result of such standard exists which will at 
all times guarantee no less than the same measure of protection 
afforded the miners of such mine by such standard, or 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 modifications.

II. Petitions for Modification

    Docket Number: M-2006-076-C.
    Petitioner: Drummond Company, Inc., P.O. Box 10246, Birmingham, 
Alabama.
    Mine: Shoal Creek Mine, (MSHA I.D. No. 01-02901), located in 
Jefferson County, Alabama.
    Regulation Affected: 30 CFR 75.507 (Power connection points).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit use of three-phase, alternating current 
deep-well submersible pumps in boreholes in its Shoal Creek Mine. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

    Docket Number: M-2006-077-C.
    Petitioner: Arch Western Bituminous Group, LLC, 225 N. 5th Street, 
Suite 900, Grand Junction, Colorado 81510.
    Mine: SUFCO Mine, (MSHA I.D. No. 42-00089), located in Sevier 
County, Utah.
    Regulation Affected: 30 CFR 75.1909(c)(2) (Non-permissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of Getman 220 tractors towing fully 
loaded Uintah 2m shield trailers that are: (a) Equipped with a 
supplemental braking system on the tractor; (b) Equipped with a system 
to automatically lower the load in the trailer onto the roadway 
providing additional braking action; (c) Operated by personnel that 
have been trained to recognize appropriate levels of speed for 
different road conditions and slopes, and all hazards associated with 
an additional supplemental braking system; and (d) Maintenance 
personnel will be trained in recognizing all hazards with the 
additional supplemental braking system. The petitioner states that the 
miners will be trained in the terms and conditions of the Proposed 
Decision and Order and within 60 days submit revisions of its Part 48 
training plan to the District Manager that includes initial and 
refresher training to comply with final order. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard.

    Docket Number: M-2006-078-C.
    Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New 
Mexico 87421.
    Mine: San Juan South Mine, (MSHA I.D. No. 29-02170), located in San 
Juan County, New Mexico.
    Regulation Affected: 30 CFR 75.335(a)(2) (Construction of seals).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of an alternative method for 
construction of seals in the San Juan South Mine. Persons may review a 
complete

[[Page 70548]]

description of petitioner's alternative method at the MSHA address 
listed in this notice. The petitioner asserts that application of the 
existing standard will result in a diminution of safety to the miners 
and the proposed alternative method will provide an equal or higher 
degree of safety as the existing standard.

    Docket Number: M-2006-079-C.
    Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New 
Mexico 87421.
    Mine: San Juan South Mine, (MSHA I.D. No. 29-02170), located in San 
Juan County, New Mexico.
    Regulation Affected: 30 CFR 75.335(a)(1) (Construction of seals).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of an alternative method for 
construction of seals in the San Juan South Mine. Persons may review a 
complete description of petitioner's alternative method at the MSHA 
address listed in this notice. The petitioner asserts that application 
of the existing standard will result in a diminution of safety to the 
miners and the proposed alternative method will provide an equal or 
higher degree of safety as the existing standard.

    Dated at Arlington, Virginia this 22nd day of November 2006.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E6-20569 Filed 12-4-06; 8:45 am]
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