[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Notices]
[Pages 8202-8203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3120]


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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 March 26, 
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-2006-080-C.
    Petitioner: Black Beauty Coal Company, 13101 Zeigler 11 Road, P.O. 
Box 369, Coulterville, Illinois 62237.
    Mine: Gate Mine, (MSHA I.D. No. 11-02408) located in Randolph 
County, Illinois.
    Regulation Affected: 30 CFR 75.364(b)(1) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of evaluation points in the Main 
East, North Side Intake entries due to deteriorating roof conditions. 
The petitioner proposes to establish evaluation point one at the No. 12 
crosscut of the Main East, North Side Intake and the other evaluation 
point at the 50 crosscut of the Main East, North Side Intake. 
The petitioner states that by monitoring the evaluation points on the 
pre-shift, examinations will provide the proper information to assure 
that the ventilation controls are in place and functioning properly; 
the pre-shift examination will be conducted by certified persons and 
will consist of measuring ventilation quality and quantity; and the 
results of the examinations will be recorded in a book kept on the 
surface and readily available to interested parties. The petitioner 
asserts that the proposed alternative method will provide no less than 
the same measure of protection as the existing standard.

    Docket Number: M-2006-081-C.
    Petitioner: Oak Grove Resources, LLC, 8800 Oak Grove Mine Road, 
Adger, Alabama 35006.
    Mine: Oak Grove Mine, (MSHA I.D. No. 01-00851), 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 the use of high-voltage non-permissible, 
submersible pumps in boreholes in an area of its mine where water has 
accumulated which is not on intake air. The petitioner states that the 
pumps will be located within the boreholes, the electrical components 
of the pump will always be separated from the mine atmosphere, and the 
pumps will be under water continuously. The petitioner proposes to use 
the specific procedures outlined in this petition for modification. 
Persons may review a complete description of the procedures at the MSHA 
address listed in this notice. The petitioner asserts that the proposed 
alternative method will all times guarantee no less than the same 
measure of protection afforded the miners employed at Oak Grove Mine by 
the existing standard.

    Docket Number: M-2006-082-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Penfield Mine, (MSHA I.D. No. 36-09355), located in 
Kittanning County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1100-2(e)(2) (Quantity and location 
of firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternate method of compliance with the 
requirement for firefighting equipment at temporary electrical 
installations. The petitioner proposes to use two (2) fire 
extinguishers or one fire extinguisher of twice the required capacity 
at all

[[Page 8203]]

temporary electrical installations in lieu of using 240 pounds of rock 
dust. The petitioner asserts that the proposed alternative method will 
at all times guarantee no less than the same measure of protection 
afforded the miners by such standard.

    Docket Number: M-2006-083-C.
    Petitioner: Dominion Coal Corporation, P.O. Box 70, Vansant, 
Virginia 24656.
    Mine: Dominion Mine No. 22, (MSHA I.D. No. 44-06645), located in 
Buchanan County, Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow abandoned mine openings to be covered with 
coarse scalp rock refuse material. Extension of existing refuse pile 
(Site ID 1211-VA5-0335-02) will cover the mine bench in an 
area containing abandoned mine openings. The petitioner states that: 
(1) There are a total of five (5) mine openings in the area to be 
filled with refuse at the Dominion Coal Corporation, Mine No. 22, and 
in the Tiller coal seam at the approximate elevation of 2085.00; and 
(2) the bench is the mine bench of the Dominion Mine No. 22 Tiller seam 
mine. The petitioner proposes to use the following methodology to seal 
the mine openings: (1) Remove of all sloughed overburden of 10 to 12 
feet in front of and to either side of the drift openings in order to 
allow placement of suitable material for sealing; (2) Install a minimum 
10-inch high-density polyethylene (PHDPE) pipe or PVC pipe wet seal in 
the lowest entry to prevent water from impounding in the mine void, 
cover the pipe with gravel, and extend the pipe through the fill area 
directed into the natural drainage course; (3) Backfill all drifts to a 
height of four (4) feet above the drift openings or to four (4) feet 
above any visible cracks above the drifts with an impervious, non-
combustible material which would contain enough fines to ensure an 
airtight seal compacted to 90 percent of the Proctor and place backfill 
material in two (2) foot lifts; and (4) Backfill all exposed coal seams 
in the vicinity of the openings to a minimum of four (4) feet above the 
top of the coal seam. The petitioner asserts that the proposed 
alternative method will provide at least the same degree of safety as 
the existing standard.

    Docket Number: M-2006-084-C.
    Petitioner: The North American Coal Corporation, P.O. Box 399, 
Jourdanton, Texas 78026.
    Mine: San Miguel Mine, (MSHA I.D. No. 41-02840), located in 
Atascosa County, Texas.
    Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits 
on high-voltage resistance grounded systems).
    Modification Request: The petitioner requests a modification of the 
existing standard for raising and lowering the boom/mast during 
disassembly or major maintenance. The petitioner states that during the 
boom raising and boom lowering period of construction and maintenance, 
the machine will not be performing mining operations and major 
maintenance requiring the raising/lowering of the boom/mast would only 
be performed on an as needed basis. All persons involved in the boom 
raising/lowering process would be trained and retrained prior to using 
the procedure. The petitioner asserts that application of the proposed 
alternative method will not result in a diminution of safety to the 
miners.

    Docket Number: M-2006-013-M.
    Petitioner: Vulcan Construction Materials, LP, 3001 Alcoa Highway, 
Knoxville, Tennessee 37920.
    Mine: Richmond Road Underground Mine, (MSHA I.D. No. 15-00107), 
located in Fayette County, Kentucky.
    Regulation Affected: 30 CFR 49.2 (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of the Eastwood Fire District 
Firefighting and Rescue Teams as their mine rescue provider. The 
petitioner states that: (1) The rescue teams are located in Eastwood, 
Kentucky within the required time limit to the mine and have the 
required MSHA training; (2) the team members have had extensive 
training in firefighting, evacuation, and rescue; (3) the teams have 
had underground training and are familiar with the mines for which they 
will supply mine rescue services; and (4) the teams will have more 
rescue training than 30 CFR 49.8 requires and will train underground 
with apparatus at each of the mines where they will provide service. 
The petitioner asserts that the proposed alternative method of 
achieving the result of the standard will at all times guarantee no 
less than the same measure of protection afforded by the standard.

    Docket Number: M-2006-014-M.
    Petitioner: Vulcan Construction Materials, LP, 3001 Alcoa Highway, 
Knoxville, Tennessee 37920.
    Mine: Central Underground Mine, (MSHA I.D. No. 15-00016), located 
in Fayette County, Kentucky.
    Regulation Affected: 30 CFR 49.2 (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of the Eastwood Fire District 
Firefighting and Rescue Teams as their mine rescue provider. The 
petitioner states that: (1) The rescue teams are located in Eastwood, 
Kentucky within the required time limit to the mine and have the 
required MSHA training; (2) the team members have had extensive 
training in firefighting, evacuation, and rescue; (3) the teams have 
had underground training and are familiar with the mines for which they 
will supply mine rescue services; and (4) the teams will have more 
rescue training than 30 CFR 49.8 requires and will train underground 
with apparatus at each of the mines where they will provide service. 
The petitioner asserts that the proposed alternative method of 
achieving the result of the standard will at all times guarantee no 
less than the same measure of protection afforded by the standard.

    Docket Number: M-2006-015-M.
    Petitioner: Rogers Group, Inc., 2182 West Industrial Park Drive, 
Bloomington, Indiana 47404.
    Mine: Jefferson County Stone Underground Mine, (MSHA I.D. No. 15-
18157), located in Jefferson County, Kentucky.
    Regulation Affected: 30 CFR 49.2 (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of the Eastwood Fire District 
Firefighting and Rescue Teams as their mine rescue provider. The 
petitioner states that: (1) The rescue teams are located in Eastwood, 
Kentucky within the required time limit to the mine and have the 
required MSHA training; (2) the team members have had extensive 
training in firefighting, evacuation, and rescue; (3) the teams have 
had underground training and are familiar with the mines for which they 
will supply mine rescue services; and (4) the teams will have more 
rescue training than 30 CFR 49.8 requires and will train underground 
with apparatus at each of the mines where they will provide service. 
The petitioner asserts that the proposed alternative method of 
achieving the result of the standard will at all times guarantee no 
less that the same measure of protection afforded by the standard.

    Dated: February 16, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E7-3120 Filed 2-22-07; 8:45 am]
BILLING CODE 4510-43-P