[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Notices]
[Pages 30395-30397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10442]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration, 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 received by the Office of 
Standards, Regulations, and Variances on or before July 2, 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,

[[Page 30396]]

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. Individuals 
who submit comments by hand-delivery are required to sign-in at the 
receptionist desk on the 21st floor.
    Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.

FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory 
Development Division at 202-693-9444 (Voice), [email protected] 
(E-mail), or 202-693-9441 (Telefax), or 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 
which will at all times guarantee no less than the same measure of 
protection afforded the miners of such mine by such standard; or (2) 
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-2007-018-C.
    Petitioner: TJS Mining Company, Inc.
    Mine: Darmac 2 Mine, (MSHA I.D. No. 36-08135), located in 
Armstrong County, Pennsylvania.
    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 increase the cable length of cables supplying 
power to two (2) Fletcher Roof Ranger II Roof Bolters. The petitioner 
states that: (1) The utilization voltage for these machines is 480 
volts, three-phase alternating current and the maximum length of the 
480-volt trailing cables will be 950 feet; (2) the trailing cables for 
the 480-volt Fletcher Roof Ranger II Roof Bolters will not be smaller 
than No. 2 A.W.G. cable; (3) all circuit breakers used to protect the 
No. 2 A.W.G. trailing cables exceeding 700 feet in length will have 
instantaneous trip units calibrated to trip at 500 amperes and the trip 
setting of the circuit breakers will be sealed to ensure that the 
settings cannot be changed; (4) these breakers will have permanent 
legible labels identifying the circuit breakers as being suitable for 
protecting the No. 2 A.W.G cables; (5) replacement circuit breakers 
and/or instantaneous trip units used to protect the No. 2 A.W.G. 
trailing cables will be calibrated to trip at 500 amperes and the 
setting will be sealed; and (6) all components that provide short-
circuit protection will have a sufficient interruption rating in 
accordance with the maximum calculated fault currents available. The 
petitioner also asserts that the cables and circuit breakers will be 
inspected each production day and warning labels will be installed on 
the load center to identify each short-circuit protective device. The 
petitioner states that the alternative method will not be implemented 
until training has been provided to all miners who are designated to 
operate the Roof Ranger II, and to person(s) designated to examine the 
trailing cables or trip settings on the circuit breakers. The 
petitioner further states that the miners will be trained in the terms 
and conditions of the Proposed Decision and Order, and within 60 days 
the petitioner will submit revisions of its Part 48 training plan to 
the District Manager that includes task training to comply with the 
final order. The petitioner asserts that the proposed alternative 
method will at times guarantee no less than the same measure of 
protection afforded the miners by such standard with no diminution of 
safety to the miners. 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 and training requirements at the MSHA address listed in this 
notice.
    Docket Number: M-2007-019-C.
    Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove, 
Pennsylvania 17963.
    Mine: Bottom Split Slope, (MSHA I.D. No. 36-09491), located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.335 (Construction of seals).
    Modification Request: The petitioner proposes to: (1) Construct 
alternative seals from wooden materials of moderate size and weight; 
(2) design the seals in the 10 psi range; and (3) install the seals in 
pairs, which require water traps to be installed in the gangway seal 
(lowest elevation) and sampling tube in the monkey seal (higher 
elevation). In addition, petitioner asserts that concrete block and 
mortar construction for openings parallel to the pitching vein would be 
almost impossible to construct and would be subject to fail because of 
its weight and would expose miners to safety hazards during transport. 
The petitioner cites non-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-2007-020-C.
    Petitioner: Energy West Mining Company, P.O. Box 310, Huntington, 
Utah 84528.
    Mine: Deer Creek Mine, (MSHA I.D. No. 42-00212), located in Emery 
County, Utah.
    Regulation Affected: 30 CFR 75.350 (Air courses and belt haulage 
entries).
    Modification Request: The petitioner requests an amendment to the 
proposed decision and order (PDO) for its previously granted petition 
for modification, docket number M-2002-012-C to: (1) Remove section 
IV(c) and section IV(d) regarding heavy duty diesel-powered equipment 
and replace these sections with language described in this amended 
petition; (2) to remove language addressing refueling of diesel 
equipment in a two entry in section IV(e) of the PDO, and replace it 
with language described in the amended petition. Persons may review the 
amended petition at the MSHA address listed in this notice.
    Docket Number: M-2007-021-C.
    Petitioner: Black Beauty Coal Company, P.O. Box 347, Francisco, 
Indiana 47649.
    Mine: Francisco Underground Pit, (MSHA I.D. No. 12-02295), located 
in Gibson County, Indiana.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner proposes to operate the Getman 
Road Builder, RDG-1504S, Serial Number 6925, without front brakes as it 
was originally designed. The petitioner states that: (1) The Road 
Builder has dual brake systems on the four (4) rear wheels and is 
designed to prevent a loss of braking due to a single component 
failure; (2) the operators will be trained

[[Page 30397]]

to recognize appropriate speeds for different road conditions and 
slopes, and to lower the grader blade to provide additional stopping 
capability; and (3) the safety of the miners will not be compromised. 
The petitioner asserts that the alternative braking method will provide 
the necessary safety for the workforce as is required in 30 CFR 
75.1909(b)(6).
    Docket Number: M-2007-005-M.
    Petitioner: Oldcastle Industrial Minerals, 550 S. Biesecker Road, 
Thomasville, Pennsylvania.
    Mine: Thomasville Mine, (MSHA I.D. No. 36-03432), located in York 
County, Pennsylvania.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of compressed air cylinders and 
bottled water instead of using compressed air and water lines to 
underground refuge chambers. The petitioner states that: (1) The 
Thomasville Mine is a high purity, non-gas liberating limestone mine 
where multiple geologic deformation phases have occurred which has led 
to the utilization of multiple mining techniques on many different 
working levels within multiple underground and surface mine operations; 
(2) the refuge chamber will contain enough compressed air to support 
four (4) people for up to 2 days, which based on NIOSH figures of 
oxygen consumption, will require a minimum of 672 cubic feet of oxygen 
or 3215 cubic feet of breathable air (of which 20.9% is oxygen) 
supplied in compressed air tanks; and (3) since there is no source of 
potable water underground it will supply bottled water in the refuge 
chamber to provide a source of safe, clean water, which would not be 
the case if water lines from the pumping stations were used.

    Dated: May 18, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E7-10442 Filed 5-30-07; 8:45 am]
BILLING CODE 4510-43-P