[Federal Register Volume 72, Number 36 (Friday, February 23, 2007)]
[Notices]
[Pages 8204-8205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3121]



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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-2006-085-C
    Petitioner: Drummond Company, Inc., P.O. Box 10246, Birmingham, 
Alabama 35202.
    Mine: Shoal Creek Mine, (MSHA I.D. No. 01-02901), located in 
Jefferson County, Alabama.
    Regulation Affected: 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of deluge-type water spray systems 
installed at belt conveyor drives in lieu of using blow off dust 
covers. The petitioner proposes to have a person who is trained in the 
testing procedure specific to the deluge-type water spray fire 
suppression systems conduct examinations and tests on a weekly basis as 
follows: (1) Conduct a visual examination of each of the deluge-type 
water spray fire suppression systems; (2) conduct a functional test of 
the deluge-type water spray fire suppression system and observe its 
performance; and (3) record the results of the examination and test in 
a book maintained on the surface which would be retained and made 
available to the authorized representative of the Secretary. The 
petitioner states that if any malfunction or clogged nozzle is detected 
as a result of the weekly examination or functional test, corrections 
will be made. The petitioner further states that within 60 days of the 
final order, a revised 30 CFR Part 48 training plan will be submitted 
to the District Manager that includes initial and refresher training to 
comply with the order. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection to all miners at the Shoal Creek Mine as would be 
provided by the mandatory safety standards and will satisfy the 
criteria of the standard.

    Docket Number: M-2006-086-C
    Petitioner: Mystic, LLC, P.O. Box 228, Stanaford, West Virginia 
25927.
    Mine: Candice 2 Mine, (MSHA I.D. No. 46-08429), located in Boone 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit plugging of all oil and gas wells 
encountered during normal operations. The petitioner requests MSHA's 
approval of this modification for all oil and gas wells it intends to 
plug in the Candice 2 Mine. The petitioner states that in lieu of 
establishing and maintaining barriers around oil and gas wells, the 
Lower Winifrede coal seam will be sealed from surrounding strata at the 
wells to be plugged. The petitioner proposes the following techniques: 
(1) Cleaning out and preparing oil and gas wells; (2) plugging oil and 
gas wells to the surface; (3) plugging oil and gas wells using the vent 
pipe method; and (4) plugging oil and gas wells for use as 
degasification boreholes. Persons may review a complete description of 
petitioner's alternative methods and procedures at the MSHA address 
listed in the notice. The petitioner asserts that the proposed 
alternative method will provide the same degree of safety as the 
existing standard.

    Docket Number: M-2006-087-C
    Petitioner: Energy West Mining Company, P.O. Box 310, Huntington, 
Utah 84528.
    Mine: Deer Creek Mine, (MSHA I.D. No. 42-00121), located in Emery 
County, Utah, and Bridger Underground Coal Mine, (MSHA I.D. No. 48-
01646), located in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 75.1909(b) (Non-permissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests that its previously 
granted petition for modification, docket number M-1999-108-C be 
amended to permit the purchase of another grader for the Deer Creek 
Mine with the potential to use the grader at the Bridger Underground 
Coal Mine. The petitioner would like to: (1) Retain the previous 
petition with its current requirements; (2) add the new grader to the 
petition; and (3) delete the reference to the Trail Mountain Mine and 
replace it with the Bridger Underground Coal Mine. The petitioner 
states that with the addition of the new grader, the petition would 
read as follows: (1) The Proposed Decision and Order (PDO) is limited 
in application to the Getman Model No.

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G600U and Getman RDG-1504C diesel graders used at the Deer Creek Mine 
and the Bridger Underground Coal Mine; (2) The maximum speed on the 
Getman Model No. G600U and Getman RDG-1504C will be limited to 10 mph 
by: (a) Permanently blocking out the gear(s) or any gear ratio(s) that 
provide higher speeds. The device shall limit the vehicle speed in both 
forward and reverse; (b) using transmission(s) and differential(s) 
geared in accordance with the equipment manufacturer which limits the 
maximum speed to 10 mph. The petitioner further proposes the following 
prior to implementing the alternative method: (1) The Getman Model RDG-
1504C diesel grader would be inspected by MSHA to determine compliance 
with the terms and conditions of the PDO; (2) grader operators would be 
trained to recognize appropriate levels of speed for different road 
conditions and slopes; (3) grader operators would be trained to lower 
the moldboard (grader blade) to provide additional stopping capability 
in emergencies; and (4) grader operators would be trained to recognize 
the transmission gear blocking device and its proper application and 
requirements, and will comply with all other applicable requirements of 
the Federal Mine Safety and Health Act of 1977 and the applicable 
requirements of 30 CFR Parts 75 and 77. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2006-088-C
    Petitioner: Cumberland River Coal Company, Pardee Complex, P.O. 
Drawer 109, Appalachia, Virginia 24216.
    Mine: Band Mill Mine, (MSHA I.D. No. 44-06816), located in Wise 
County, Virginia. .
    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 three monitoring locations to 
check and measure air flow through certain sections of the mine due to 
deteriorating roof conditions. The petitioner proposes to establish 
monitoring locations (ML 61, 62, and 63) to check and measure air flow 
through the 450 feet portion of 1 North Submain. Additionally, two 
monitoring stations would be established (ML 64 and 65) in the faces of 
4 Left Panel and 3 West Submain. The petitioner states that future 
plans would include having a production unit back in both these areas. 
The petitioner proposes to maintain 2,000 cfm through each of the ML's. 
Persons may review a complete description of petitioner's alternative 
method at the MSHA address listed in this notice.

    Docket Number: M-2006-089-C
    Petitioner: The Ohio Valley Coal Company, 56854 Pleasant Ridge 
Road, Alledonia, Ohio 43902.
    Mine: Powhatan No. 6 Mine, (MSHA I.D. No. 33-01159), located in 
Monroe County, Ohio.
    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 low and medium voltage, three-
phase, alternating-current submersible pump(s) installed in return and 
bleeder entries, ventilation shafts, and boreholes in the Powhatan No. 
6 Mine. The petitioner further states that protection will be provided 
by a suitable circuit interrupting device to protect against under-
voltage, grounded phase, short-circuit and overload. Persons may review 
a complete description of petitioner's alternative method at the MSHA 
address listed in this notice. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2006-016-M
    Petitioner: Phelps Dodge Morenci, Inc., 4521 U.S. Highway 191, 
Morenci, Arizona 85540.
    Mine: Morenci Mine, (MSHA I.D. No. 02-00024), located in Greenlee 
County, Arizona.
    Regulation Affected: 30 CFR 56.6309(b) (Fuel oil requirements for 
ANFO).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of used petroleum-based, 
lubrication oil from diesel equipment at the Bagdad Mine for blending 
with diesel fuel and conventional prills to create ammonium nitrate-
fuel oil (ANFO). Persons may review a complete description of 
petitioner's alternative method at the MSHA address listed in this 
notice. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

    Dated: February 16, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-3121 Filed 2-22-07; 8:45 am]
BILLING CODE 4510-43-P