[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Pages 70548-70550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20571]


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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].

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 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-2006-067-C.
    Petitioner: West Ridge Resources, Inc., P.O. Box 1077, Price, Utah 
84501.
    Mine: West Ridge Mine, (MSHA I.D. No. 42-02233), located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.350 (Air courses and belt haulage 
entries).
    Modification Request: The petitioner has filed a petition for 
modification to request that Section V. (B)(5) of the Proposed Decision 
and Order (PDO) for previously granted petition, docket number M-1999-
026-C, be amended to insert the following sub-paragraphs:
    1. In addition to the requirements of (B)(5), and subject to the 
terms set forth in paragraph 2 of this subpart, diesel-powered 
equipment classified as ``heavy-duty'' under 30 CFR 75.1908(a) must 
include a means, maintained in operating condition, to maintain the 
surface temperature of the exhaust system of diesel equipment below 
302[deg] Fahrenheit.
    2. In the absence of a safe and reasonable means to comply with the 
requirement set forth in Paragraph 1 of this subpart, the following 
requirements shall apply.
    (i) All hydraulic hoses, fuel lines, or other devices used to 
convey combustible fluids must be separated from the hot engine 
exhaust-system surfaces by piping rerouting, barriers or other means 
acceptable to MSHA. Such hoses, lines, or other devices used to convey 
combustible fluids that by design cannot be separated as required may 
be insulated using Kevlar or equivalent insulation product.
    (ii) Engine exhaust system must be designed to minimize contact 
with combustible materials. Where safe and reasonable, exhaust pipes 
outside of the engine compartment must be of double-wall construction. 
Joints in the exhaust systems must consist of flanged connections 
utilizing gaskets and/or solid welded construction.
    (iii) In addition to the requirements of 30 CFR 75.1909, 4-braid 
hoses must be used where a hose failure could result in combustible 
fluids contacting parts of the exhaust systems. Hoses should be covered 
with a Kevlar covering such as Protect, NHS-125, MSHA IC-171/1, or an 
equivalent covering acceptable to MSHA.
    (iv) Diesel equipment must be equipped with both an automatic and 
manual fire-suppression system meeting the requirements of 30 CFR 
75.1911 and capable of being activated from inside and outside the 
machine operator's cab. The manual activator located outside the cab 
must be on the side of the machine opposite the operator's cab. The 
fire-suppression system must be installed by a reputable fire 
suppression vendor with an enhanced fire-hazard analysis designed to 
address a higher level of fire protection for machines that are 
operated in two-entry mining systems. Each diesel-powered machine must 
be equipped with two hand-held fire extinguishers. Diagrams specific to 
each diesel family must be developed and retained by the mine operator 
to

[[Page 70549]]

document how each enhanced fire-suppression system must be maintained. 
A record of each enhanced fire-suppression system diagram shall be 
maintained on the surface and be made available to all interested 
persons.
    (v) Diesel equipment with diesel particulate matter disposal 
filters must be fitted with high exhaust gas temperature shutdown 
sensors to prevent the operation of the machine if the exhaust gas 
exceeds 650[deg] Fahrenheit at the filter inlet. The shutdown sensors 
must be located as near the filter housing (filter inlet) as practical 
as determined by MSHA.
    (vi) The visual inspection of diesel equipment required by 30 CFR 
75.1914 must include an examination of the protective devices installed 
to control exhaust-system surface temperatures, hoses, fuel lines, and 
all other materials designed to prevent combustible fluids from 
contacting hot engine exhaust-system surfaces.
    (vii) All underground miners working in the two-entry areas of the 
mine must be trained in the terms and conditions listed in this 
modification and the fire hazards involved with equipment working in 
these areas.
    The petitioner asserts that this amendment to the petition for 
modification is filed to prevent a diminution of safety and the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2006-068-C.
    Petitioner: Consol Pennsylvania Coal Company, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241.
    Mine: Bailey Mine--1 South, (MSHA I.D. No. 36-07236), located in 
Greene County, Pennsylvania.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: Due to deteriorating roof conditions, the 
petitioner proposes to establish evaluation check points 1 and 2 to 
evaluate and confirm the proper ventilation between 1 South 4 Wall and 
29 Wall, and check points 3 and 4 to evaluate the intake air course 
between 1 South and 31 Wall, and 90 Wall. The petitioner states that 
intake air enters the mine at the two (2) 1 South Shafts in the area 
between points 2 and 3. The petitioner further states that the air 
quality and quantity at each check point will be measured weekly by a 
certified person who will enter the date, time and initials to indicate 
that an examination was conducted at each location, record the results 
of the examinations in a book provided for such purposes, and certify 
by signature that the examination was conducted. The record book will 
be kept on the surface for a period of six months and made available 
for inspection by interested persons. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard and that use of the check points to 
measure air and gas will provide an accurate picture of the conditions 
in the air course without unduly exposing persons to safety hazards.

    Docket Number: M-2006-069-C.
    Petitioner: Consol Pennslyvania Coal Company, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241.
    Mine: Bailey Mine--81 Longwall, (MSHA I.D. No. 36-07230), located 
in Greene County, Pennsylvania.
    Regulation Affected: 30 CFR 75.364(b)(2).
    Modification Request: Due to deteriorating roof conditions in the 
intake air course located in the 81 longwall set up entries, the 
petitioner proposes to establish evaluation check points 1 and 2 to 
evaluate and confirm the adequate ventilation over the fall. The 
petitioner states that the air quality and quantity at each check point 
will be measured weekly by a certified person who will enter the date, 
time and initials to indicate that an examination was conducted at each 
location. The petitioner further states that results of the 
examinations will be recorded in a book that will be certified by 
signature that the examination was conducted, and kept on the surface 
available for inspection by interested persons. The petitioner asserts 
that the proposed alternative method would provide at least the same 
measure of protection as the existing standard, and use of the check 
points to measure air and gas will provide an accurate picture of the 
conditions in the air course without exposing persons to safety 
hazards.

    Docket Number: M-2006-070-C.
    Petitioner: Excel Coal Company, RD 2 Box 665, Shamokin, 
Pennsylvania 17872.
    Mine: 3 S. Slope Mine, (MSHA I.D. No. 36-09309), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.335 (Construction of seals).
    Modification Request: The petitioner proposes to: (1) Construct 
seals from wooden materials of moderate size and weight; (2) design the 
seals to withstand a static horizontal pressure in the range of 10 psi; 
and (3) install a sampling tube in the monkey (higher elevation) seal. 
The petitioner states that the pitch of anthracite veins and concrete 
blocks are difficult to use and will expose miners to safety hazards 
during transport. The petitioner cites low-level explosibility of 
anthracite coal dust and minimal potential for either an accumulation 
of methane in previously mined pitching veins or an ignition source in 
the gob area, as justification for the proposed 10 psi design. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

    Docket Number: M-2006-071-C.
    Petitioner: Excel Coal Company, RD 2 Box 665, Shamokin, 
Pennsylvania 17872.
    Mine: 3 S. Slope Mine, (MSHA I.D. No. 36-09309), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary 
notations, revisions, and supplements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the required interval of survey to be 
established annually from the initial survey in lieu every 6 months. 
The petitioner proposes to update the mine map by hand notations on a 
daily basis, conduct subsequent surveys prior to commencing retreat 
mining, and when either a drilling program under 30 CFR 75.388 or plan 
for mining into accessible areas under 30 CFR 75.389 is required. The 
petitioner states that: (1) Low production and slow rate of advance in 
anthracite mining make surveying on 6 month intervals impractical and, 
in most cases, annual development is frequently limited to less than 
500 feet of gangway advance with associated up-pitch development; (2) 
The majority of small anthracite mines are using non-mechanized, hand-
loading mining methods; (3) Development above the active gangway is 
designed to mine into the level above at designated intervals thereby 
maintaining sufficient control between both surveyed gangways; and (4) 
The available engineering/surveyor resources are very limited in 
anthracite coal fields which makes surveying on an annual basis 
difficult to achieve with 4 individual contractors currently available. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2006-072-C.
    Petitioner: Excel Coal Company, RD 2 Box 665, Shamokin, 
Pennsylvania 17872.
    Mine: 3 S. Slope Mine (MSHA I.D. No. 36-09309) located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 49.6(a)(1) & (5) ) (Mine Rescue teams).
    Modification Request: The petitioner requests a modification of the 
existing

[[Page 70550]]

standard to permit the reduction of twelve self-contained oxygen 
breathing apparatus, to eight self-contained breathing apparatus and 
the reduction of twelve permissible cap lamps and charging rack to 
eight permissible cap lamps and charging rack. The petitioner asserts 
that this petition request will in no way alter, change, or reduce the 
ability, effectiveness, or safety of the underground mine personnel.

    Docket Number: M-2006-073-C.
    Petitioner: T.J.S. Mining, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mines: Rossmoyne No. 1 Mine, (MSHA I.D. No. 36-09075), located in 
Indiana County, Pennsylvania; T.J.S. No. 5 Mine, (MSHA I.D. No. 36-
09159), located in Armstrong County, Pennsylvania; and T.J.S. No. 6 
Mine, (MSHA I.D. No. 36-09464), located in Armstrong County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1100-2(e)(2)) (Quantity and location 
of firefighting equipment) .
    Modification Request: The petitioner proposes to supply two (2) 
fire extinguishers or one fire extinguisher of twice the required 
capacity at all temporary electrical installations in lieu of using 240 
pounds of rock dust. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2006-074-C.
    Petitioner: T.J.S. Mining, Inc.,/Penn View Mining, Inc., 2340 Smith 
Road, Selocta, Pennsylvania.
    Mines: Rossmoyne No. 1 Mine, (MSHA I.D. No. 36-09075), located in 
Indiana County, Pennsylvania; Darmac No. 2 Mine, (MSHA I.D. No. 36-
08135), located in Armstrong County, Pennsylvania; T.J.S. No. 5 Mine, 
(MSHA I.D. No. 36-09159), located in Armstrong County, Pennsylvania; 
and Penn View Mine, (MSHA I.D. No. 36-08741), located in Indiana 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations 
and records).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for conducting the 31 
day test of the fan signal. The petitioner states that to conduct the 
31 day test procedure requires stopping and restarting the fan which 
can cause failure to the fan's electrical circuit, and further undue 
burden if the fan cannot be restarted within the required fifteen (15) 
minutes. If the fan is stopped, this would require a special 
examination to be conducted which requires crawling approximately 2 
miles because some of the mines are thin seam mines (34''-36'' height). 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2006-075-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 75.1700 (Oil and gas wells).
    Modification Request: The petitioner has filed a petition for 
modification to request that Section 2 of the Proposed Decision and 
Order for its previously granted petition, docket number M-2000-109-C, 
be amended. The petitioner's previously granted petition permits mining 
through oil and gas wells. The petitioner requests that Section 2 of 
the Proposed Decision and Order of its previously granted petition be 
changed to further clarify the specific procedures required when 
approaching and cutting through the well, and to also bring the 
petition more in line with other granted petitions for safety standard 
30 CFR 75.1700. The petitioner asserts that this amendment to the 
previously granted petition will provide at least the same measure of 
protection as the existing modification requirements.

    Docket Number: M-2006-010-M.
    Petitioner: Swenson Granite Company, LLC, 369 North State Street, 
Concord, New Hampshire 03301.
    Mine: Swenson Gray Quarry, (MSHA I.D. No. 27-00083), located in 
Merrimack County, New Hampshire.
    Regulation Affected: 30 CFR 56.19009 (Position indicator).
    Modification Request: The petitioner proposes to use state-of-the-
art Pelligrini and Timberland stiff-leg derricks as man-hoists into the 
dimensional stone quarry, and use the company's hand signaling system 
daily to direct the derrick as an alternative to using the Position 
Indicator. The petitioner states that Swenson Granites' Gray Quarry is 
an open dimensional granite quarry that operates fixed stiff-leg 
derricks to lift stone and equipment, and that an accurate and reliable 
indicator of the skip or cage position will be provided in the shaft. 
The petitioner further states that the derricks operate and reach all 
areas of the quarry floor and walls and offer full view of the hook and 
loads, and the operation relies 100 percent on constant view of the 
hook and load, or the operation is stopped and conditions are improved 
to 100 percent visibility. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2006-011-M.
    Petitioner: Swenson Granite Company, LLC, 369 North State Street, 
Concord, New Hampshire 03301.
    Mine: Swenson Gray Quarry, (MSHA I.D. No. 27-00083), located in 
Merrimack County, New Hampshire.
    Regulation Affected: 30 CFR 56.19090 (Dual signaling systems).
    Modification Request: The petitioner proposes to use state-of-the-
art Pelligrini and Timberland stiff-leg derricks as man-hoists into 
their dimensional stone quarry, and use the company's hand signaling 
system daily to direct the derrick as an alternative to using the 
speaking tube. The petitioner states that Swenson Granites' Gray Quarry 
is an open dimensional granite quarry that operates fixed stiff-leg 
derricks to lift stone and equipment. The petitioner proposes to 
continue using man hoisting with equipment that has been replaced by 
two newer stiff-leg derricks which they have done for many years. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection 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. E6-20571 Filed 12-4-06; 8:45 am]
BILLING CODE 4510-43-P