[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Notices]
[Pages 20885-20888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8004]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

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

[[Page 20886]]


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 received by the Office of 
Standards, Regulations, and Variances on or before May 29, 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: (1) An 
alternative method of achieving the result of such standard exists that 
will at all times guarantee no less than the same measure of protection 
afforded the miners of such mine by such standard; or (2) 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 Sec. Sec.  44.10 and 44.11 establish the requirements and 
procedures for filing petitions for modifications.

II. Petitions for Modification

    Docket Number: M-2006-090-C.
    Petitioner: Vandyke Mining, Inc., P.O. Box 207, Tazewell, Virginia 
24651.
    Mine: Dom No. 7 Mill Branch Refuse Pile, Site I.D. 1211 VA5-0358-
01, and (MSHA I.D. No. 44-06718), 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 permit abandoned mine openings to be covered with 
coarse scalp rock refuse material. The petitioner proposes to use scalp 
rock refuse to cover the mine bench in an area containing abandoned 
mine openings. The petitioner states that: (1) This modification will 
not jeopardize the safety of any miners at the mine or refuse disposal 
area; (2) there are presently a total of four (4) mine openings in the 
area to be filled with refuse located in Mill Branch of Dismal near 
Whitewood in Buchanan County, Virginia, in the Jawbone coal seam at the 
approximate elevation of 1910.00 (formerly mined under Dominion Coal 
Corporation, Mine No. 7); and (3) the existing mine bench will be used 
as the location to place scalp rock refuse. The petitioner further 
proposes to use the following methodology to seal the mine openings: 
(1) Remove all sloughed overburden of 10 to 12 feet in front of and to 
either side of the drift openings to allow placement of suitable 
material for sealing; (2) Install an 18 pipe wet seal in the lowest 
entry to prevent water from impounding in the mine void. The pipe will 
be covered with gravel and the pipe will extend through the refuse pile 
area and directed into the natural drainage course; (3) Backfill all 
drifts to a height of four (4) feet above the drifts or to four (4) 
feet above any visible cracks above the drifts with an impervious, non-
combustible material which should contain enough fines to ensure an 
airtight seal and which is compacted to 90 percent of the Proctor. All 
backfill material will be placed in 2-foot lifts; and (4) Backfill all 
exposed coal seams in the vicinity of the openings to a minimum of 4 
feet above the top of the coal seam.

    Docket Number: M-2007-001-C.
    Petitioner: Twentymile Coal Company, Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: Foidel Creek Mine, (MSHA I.D. No. 05-03856), located in Routt 
County, Colorado.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery powered non-permissible 
hand-held computers in the return airways. The petitioner proposes to 
use Dell AMIM X50/X50v hand-held computers to allow supervisors and 
selected miners to collect and record data pertinent to safety 
observations during work processes. The data recorded in the hand-held 
computers will be downloaded at the end of the shift and collated with 
other data to allow the petitioner to proactively correct unsafe 
practices and prevent accidents before they occur. In the alternative, 
the petitioner would require all hand-held computers to be examined by 
a certified person. In addition, a qualified person who is properly 
trained would monitor continuously for methane before and during their 
use. The petitioner would de-energize any hand-held computers at 
methane concentrations of 1.0% or above.

    Docket Number: M-2007-002-C.
    Petitioner: Twentymile Coal Company, Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: Foidel Creek Mine, (MSHA I.D. No. 05-03836), located in Routt 
County, Colorado.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner is amending its petition for 
modification of the existing standard to permit an alternative method 
of compliance to permit the use of battery-powered non-permissible 
hand-held computers on longwall faces or within 150 feet of pillar 
workings. The petitioner proposes to use the hand-held computers to 
allow supervisors and selected miners to collect and record data 
pertinent to safety observations during work processes. The petitioner 
states that the data will be recorded in the hand-held computers (such 
as the Dell AMIM X50/X50v) and downloaded at the end of the shift and 
collated with other data to

[[Page 20887]]

allow Twentymile to proactively correct unsafe practices and prevent 
accidents before they occur. In the alternative, the petitioner would 
require all hand-held computers to be examined by a certified person. 
In addition, a qualified person who is properly trained would monitor 
continuously for methane before and during their use. The petitioner 
would de-energize any hand-held computers at methane concentrations of 
1.0% or above. The petitioner asserts that implementation of this 
petition will enhance the safety of the miners and improve the overall 
level of protection afforded them. The petitioner further asserts that 
the proposed alternative method will provide an equal measure of 
protection as that afforded by the standard.

    Docket Number: M-2007-003-C.
    Petitioner: Summit Engineering, Inc., on behalf of Stirrat Coal 
Company, P.O. Box 484, Omar, West Virginia 25638.
    Mine: Mine No. 21, (MSHA I.D. No. 46-02515), located in Logan 
County, West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests modification of the 
existing standard to permit four (4) existing mine openings to be 
backfilled with acid producing soil. The petitioner proposes to: (1) 
Extend the soil approximately 25 feet into the mine and at least 4 feet 
in all directions beyond the limits of the mine opening; (2) cover any 
exposed coal seam along the mine bench with soil at least 4 feet above 
the coal seam; (3) install a rock underdrain along the mine openings 
that would consist of approximately 6-inch (O.D.) SDR 11 high density 
polyethylene pipes installed in the lowest elevation mine opening; and 
(4) install riser pipes at the ends of the pipes to establish water 
seals. The petitioner states that the existing mine bench and highwall 
will then be reclaimed with breaker rock coal refuse, and the breaker 
rock material will be placed at 3:1V (Horizontal; Vertical) slope. The 
petitioner asserts that the slope shall be soil covered and revegetated 
in accordance with the approved WVDEP reclamation permit, and since the 
existing mine is abandoned, this plan will provide the same measure of 
protection for the miners as given to them by the standard.

    Docket Number: M-2007-004-C.
    Petitioner: Pinn Oak Resources, LLC on behalf of Oak Grove 
Resources, LLC, 8800 Oak Grove Mine Road, Adger, Alabama 35006.
    Mine: Oak Grove Mine, (MSHA I.D. No. 01-00851), located Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.364(b) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit a certified person to make weekly 
examinations of the Second East Return using evaluation points. The 
petitioner bases its request on the hazardous conditions of this area. 
The petitioner states that: (1) These evaluation points and all 
approaches to the evaluation points will be maintained in a safe 
condition; (2) the test for proper quantity, quality, and direction of 
air will be determined weekly by a certified person at all proposed 
evaluation points; and (3) the person making the examinations and test 
will place his/her initials, date, and time at each proposed evaluation 
point and record the results in a book, which will be maintained on the 
surface and made available for inspection by interested persons. The 
petitioner further states that use of evaluation points to measure air 
and gas will provide an accurate picture of the conditions in the air 
course without unduly exposing persons to hazards. The petitioner 
asserts that the proposed alternative method will at all times 
guarantee no less than the same measure of protection of all miners at 
the Oak Grove Mine.

    Docket Number: M-2007-005-C.
    Petitioner: ICG Eastern, LLC, P.O. Box 273, Charleston, West 
Virginia 25301.
    Mine: Birch River Mine, (MSHA I.D. No. 46-07945), located in 
Webster County, West Virginia.
    Regulation Affected: 30 CFR 77.501 (Electric distribution circuits 
and equipment; repair).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for working on 
electrical equipment. The petitioner proposes to: (1) Designate a 
certified electrician to disconnect electricity, to visually observe 
that the connecting devices on high-voltage circuits are in the open 
position, lockout the electricity disconnect where possible, tag the 
disconnection device, and test to assure proper disconnection and 
ground; (2) have the designated certified electrician make personal, 
verbal contact with all work areas involved to inform the workers 
either by radio, intercom, or in person, that power has been 
disconnected and that circuits or equipment are ready to repair. The 
petitioner states that no work will be performed until the notification 
has been received by the certified electrician or the designated 
person(s) responsible for performing maintenance work, and that on 
occasion, maintenance work will be performed and the equipment will 
need to be de-energized but a certified electrician may not be required 
to be present at the work site if only maintenance work is being 
performed. Petitioner further states that no work will be performed 
until the designated person at the work site reports back to the 
designated certified electrician at the power source that the power has 
been de-energized. Petitioner asserts that the same verification 
process will be used to re-energize the equipment. Petitioner also 
states that if only one certified electrician is employed on any given 
shift and electrical work has to be performed, this variance will not 
apply and ICG must comply with the provision of 30 CFR 77.501. The 
petitioner has listed additional procedures in this petition that will 
be used when the proposed alternative method is implemented. Persons 
may review a complete description of the procedures at the MSHA address 
listed in this notice. The petitioner asserts that the alternative 
method will at all times guarantee no less that the same measure of 
protection from the potential hazards of accidental electrocution 
against which 30 CFR 77.501 was intended to guard.
    Docket Number: M-2007-006-C.
    Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler, 
Illinois 62238.
    Mine: Prairie Eagle Underground Mine, (MSHA I.D. No. 11-03147), 
located in Perry County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable trailing Cables and 
Cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit trailing cables that supply power to 
permissible equipment used in continuous mining sections to be 
increased to the maximum length. The petitioner states that: (1) This 
petition will only apply to trailing cables supplying three-phase, 995-
volt power to continuous mining machines and trailing cables supplying 
three-phase, 480-volt power to roof bolters; (2) the maximum length of 
the 995-volt continuous mining machine trailing cables will be 950 
feet, and the maximum length of 480-volt trailing cable for roof 
bolters will be 900 feet; and (3) the 995-volt continuous mining 
machine trailing cable will not be smaller than 2/0 and the 480-volt 
trailing cables for roof bolters will not be smaller than 2 
AWG. The petitioner has listed specific procedures in this

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petition, such as for trip setting of the circuit breakers, labeling, 
inspections, training, and splicing, which will be used when the 
proposed alternative method is implemented. Persons may review a 
complete description of these procedures at the MSHA address listed in 
this notice. 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 Prairie Eagle Underground Mine as would 
be provided by the mandatory standard.
    Docket Number: M-2007-001-M.
    Petitioner: Ararat Rock Products Company, P.O. Box 988, Mount Airy, 
North Carolina 27030.
    Mine: Surry Mine and Mill, (MSHA I.D. No. 31-00002), located in 
Surry County, North Carolina.
    Regulation Affected: 30 CFR 56.17001 (Illumination of surface 
working areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of hydraulic hammers without lights 
on the booms on Caterpillar 235C excavator, Serial Number 2PG00480, and 
Caterpillar 245 excavator, Serial Number 95V802. The petitioner states 
that: (1) They only operate during the daylight hours of 7:30 a.m. to 
4:30 p.m. year round; (2) the nature of their stone is hard and 
produces heavy vibrations, which presents a problem in maintaining 
lights on the booms of the hydraulic hammers; and (3) all miners will 
be withdrawn from the equipment that is in operation when visibility is 
limited. The petitioner further states that in the event of rain, snow, 
or fog in the pit area where the hammers are located all activity will 
cease, and the cab lights will be retained and maintained because they 
are not subject to the shock and vibration like the boom lights. The 
petitioner asserts that application of the existing standard reduces 
the safety of the mechanics because constant repair to the boom lights 
exposes them to strains as well as slips, trips, and falls.
    Docket Number: M-2007-002-M.
    Petitioner: Oldcastle Industrial Minerals, 550 South Biesecker 
Road, Thomasville, Pennsylvania 17364.
    Mine: Thomasville Mine, (MSHA I.D. No. 36-03432), located in York 
County, Pennsylvania.
    Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of two mine rescue teams of three 
members with one alternate for each team instead of two teams of five 
members and one alternate for each team. The petitioner states that the 
underground mine is small and there is not enough room to accommodate 
more than three or four miners in the working places, and to use five 
or more rescue team members in the confined working places of the mine 
would result in a diminution of safety to the miners and the members of 
the mine rescue team. Petitioner also asserts that because electric 
power does not reach the bottom of the slope and is hauled by hand 
trammed cars, the risk of disaster is considerably reduced. Finally, 
petitioner states that the Pennsylvania Deep Mine Safety and other 
surrounding mines will assist them in an emergency. The petitioner 
asserts that the proposed alternative method will in no way provide 
less than the same measure of protection afforded the miners under the 
existing standard.

    Dated: April 20, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E7-8004 Filed 4-25-07; 8:45 am]
BILLING CODE 4510-43-P