[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Notices]
[Pages 31858-31861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11129]


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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 9, 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. 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) 
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-2007-007-C.
    Petitioner: Mingo Logan Coal Company, P.O. Box 553, Charleston, 
West Virginia 25322.
    Mine: Mountaineer II Mine, (MSHA I.D No. 46-09029), located in 
Logan and Boone Counties, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner proposes to plug abandoned oil 
and gas wells, (including injection wells) to mine them or to reduce 
the barrier size. The petitioner proposes to: (1) Clean out and prepare 
the oil and gas wells; (2) plug the oil and gas wells to the surface 
using a cement plug and a small amount of steel turnings; (3) plug the 
oil or gas wells using the vent pipe method; (4) plug the oil and gas 
wells for use as degasification boreholes; and (5) follow cut-through 
procedures whenever the petitioner reduces the safety barrier diameter 
to a distance less than the District Manager would approve or proceeds 
with an intent to cut-through a plugged well. The petitioner has listed 
additional specific procedures in this petition to implement the 
proposed alternative method. Individuals may review a complete 
description of the petition 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 afforded 
the miners under 30 CFR 75.1700.
    Docket Number: M-2007-008-C.
    Petitioner: The American Coal Company, 9085 Highway 34 North, 
Galatia, Illinois 62935.
    Mine: Galatia Mine, (MSHA I.D. No. 11-02752), located in Saline 
County, Illinois.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests modification of 
approved petition for modification, docket number M-88-246-C, 
addressing the drilling out and plugging of oil and gas wells at the 
Galatia Mine. This request is based on the following: (1) On occasion 
the mine operations have encountered wells drilled for oil and gas 
production that cannot be drilled out and plugged to meet the 
specifications in the approved petition for modification; (2) approved 
procedures are ineffective because the concrete used to plug the 
original wellbore is harder than the surrounding strata, making it 
difficult to keep the drill bit in the hole and on target for locating 
the original wellbore; (3) in the near future the petitioner will 
encounter hundreds of wells drilled for oil and gas production that it 
will be unable to drill out to meet the specifications in the approved 
petition for modification; and (4) a substantial number of the reserves 
at the mine will be rendered unmineable without the approval of this 
petition. The petitioner has listed specific procedures in this 
petition that will be used for compliance with the proposed alternative 
method including notification procedures; using driving sights; the 
availability of firefighting equipment; roof support; ventilation 
procedures; methane testing and other hazard prevention procedures. 
Individuals may review a complete description of the procedures at the 
MSHA address listed in this notice. The petitioner asserts that the 
proposed

[[Page 31859]]

alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners under 30 CFR 75.1700.
    Docket Number: M-2007-009-C.
    Petitioner: Postar Coal Company, Inc., 685 Cavitts Creek, North 
Tazewell, Virginia 24630.
    Mine: Postar No. 1 Mine, (MSHA I.D. No. 46-07983), located in 
McDowell County, West Virginia.
    Regulation Affected: 30 CFR 75.364(b)(4) (weekly examination).
    Modification Request: The petitioner request a modification of the 
existing standard to permit an alternative method of examining the 
seals underground because the mine seals between the petitioner's mine 
and the abandoned U.S. Steel No. 9 Mine are in place to separate the 
mines and cannot be examined. The petitioner proposes to: (1) Drill two 
(2) monitoring holes from the surface to the entries at the Postar No. 
1 Mine, MSHA I.D. No. 46-07983, side of the seals and drill two (2) 
monitoring holes from the entries of the Mine No. 35, MSHA I.D. No. 46-
08131, side of the seals; (2) have a certified person examine and 
evaluate the monitoring holes; and (3) maintain a record of the 
examinations and evaluations in an approved record book. The petitioner 
states that the Postar No. 1 Mine is a drift operation with multiple 
outcrop and surface openings and has no history of methane or 
ventilation problems. The petitioner further states that the 
ventilation is setup to prevent any contaminant from the abandoned area 
reaching the working section. The petitioner asserts that the 
monitoring holes will provide the level of safety as required by 30 CFR 
75.364(b)(4).
    Docket Number: M-2007-010-C.
    Petitioner: XMV, Inc., P.O. Box 1335, Bluefield, West Virginia 
24701.
    Mine: Mine No. 35, (MSHA I.D. No. 46-08131), located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 75.364(b)(4) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the inaccessible seals underground to be 
examined as follows: (1) Drilling two monitoring holes from the surface 
to the entries at the Mine No. 35, MSHA I.D. No. 46-08161, side of the 
seals and two monitoring holes from the surface to the entries at the 
Postar No. 1 Mine, MSHA I.D. No. 46-07983, side of the seals at 
locations listed on the mine map; (2) have a certified person examine 
and evaluate the monitoring holes on each side of the seals weekly to 
insure the integrity of the seals; and (3) record the results of the 
examinations and evaluations in an approved record book.
    Docket Number: M-2007-011-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine No. 75, (MSHA I.D. No. 15-17478), located in Perry 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard because water accumulations in these areas cause roof 
falls, which prevent foot travel through these areas. Petitioner 
proposes to establish examination points at certain points to evaluate 
airflow entering the Powerline Mains. The petitioner also proposes to 
establish ventilation check points in certain areas of the mine between 
certain breaks and the Powerline Mains. The petitioner describes 
additional safety precautions, such as signage and establishing and 
monitoring air measurement stations at locations that would allow a 
certified person to effectively evaluate ventilation in the affected 
areas of the mine and signage. The petitioner states that no lesser 
degree of safety is ensured by traveling to the water on both sides and 
verifying adequate air volume and quality at the noted Examination 
Points. The petitioner has listed specific additional procedures in 
this petition that will be used to comply with the proposed alternative 
method. Individuals may review a complete description of the procedures 
at the MSHA address listed in this notice. The petitioner asserts that 
this petition for modification will provide no lesser degree of safety 
for the personnel at this mine.
    Docket Number: M-2007-012-C.
    Petitioner: Consol Energy on behalf of Eighty Four Mining Company, 
1800 Washington Road, Pittsburgh, Pennsylvania 15241.
    Mine: Mine 84, (MSHA I.D. No. 00958), located in Washington County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for 
examining the return air course. The petitioner proposes to establish 
evaluation points to monitor the air in the 33P Mains return air course 
in its entirety because deterioration, rib conditions, and roof falls 
expose workers to hazardous conditions. The petitioner proposes to use 
the following procedures to meet the requirements of its alternative 
method: (1) Establish evaluation point 33P E.P. B. on the upward side 
of the bad roof; (2) establish evaluation point 33P E.P.A. on the 
downwind side of the bad roof area; (3) have a certified person conduct 
weekly evaluations at each of the monitoring stations to determine the 
quantity and quality of air entering or exiting the monitoring stations 
using an MSHA approved hand-held methane and oxygen meter; and (4) 
record the date, time, and examiner's initials on a date board at each 
monitoring station and in a book kept on the surface The petitioner 
states that all monitoring stations and the approaches to the 
monitoring stations will be maintained in a safe condition at all 
times, and the roof will be adequately supported by roof bolts or other 
suitable means to prevent deterioration of the roof in the vicinity of 
the stations. The petitioner further states that methane gas or other 
harmful, noxious poisonous gases will not be permitted to accumulate in 
excess of the legal limits for return air. Petitioner will immediately 
investigate the affected area if there is an increase of 0.5 per centum 
methane from the last previous methane readings or a 10 percent change 
in the quantity of air flow. The petitioner asserts that the proposed 
alternative method would at all times guarantee no less than the same 
measure of protection to all miners at the Mine 84 as would be provided 
by the existing standard and that use of the evaluation points to 
measure air and gas will provide an accurate picture of the conditions 
of the air course without unduly exposing persons to safety hazards.
    Docket Number: M-2007-013-C.
    Petitioner: TJS Mining Company, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: Rossmoyne 1 Mine, (MSHA I.D. No. 36-09075), located 
in Indiana 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; (2) the maximum length of the 
480-volt trailing cable will be 950 feet; (3) the trailing cables for 
the 480-volt Fletcher Roof Ranger will not be smaller than No. 2 
American Wire Gauge (AWG) cable; (4) the current breakers that will be 
used to protect those cables in excess of 700 feet will have 
instantaneous trip units calibrated to trip at 500 amperes;

[[Page 31860]]

and (5) all miners designated to operate the Roof Ranger II and 
individuals who examine the cables will receive the proper training 
prior to implementation of the proposed alternative method. The 
petitioner has listed additional procedures in this petition that will 
be used to comply with the proposed alternative method. Individuals 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 at all times guarantee no less than the same 
measure of protection afforded the miners by such standard with no 
diminution of safety to the miners.
    Docket Number: M-2007-014-C.
    Petitioner: TJS Mining Company, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: TJS 5 Mine, (MSHA I.D. No. 36-00159), 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; (2) the maximum length of the 
480-volt trailing cable will be 950 feet; (3) the trailing cables for 
the 480-volt Fletcher Roof Ranger will not be smaller than No. 2 
American Wire Gauge (AWG) cable; (4) the current breakers that will be 
used to protect those cables in excess of 700 feet will have 
instantaneous trip units calibrated to trip at 500 amperes; and (5) all 
miners designated to operate the Roof Ranger II and individuals who 
examine the cables will receive the proper training prior to 
implementation of the proposed alternative method. The petitioner has 
listed additional procedures in this petition that will be used to 
comply with the proposed alternative method. Individuals 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 at all times guarantee no less than the same measure of 
protection afforded the miners by such standard with no diminution of 
safety to the miners.
    Docket Number: M-2007-015-C.
    Petitioner: Summit Engineering, Inc., P.O. Box 130, 3016 Route 10, 
Chapmanville, West Virginia 25508, on behalf of Spartan Mining Company.
    Mine: No. 38 Mine, (MSHA I.D. No. 46-07874), located in Logan 
County, West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification to the 
current standard to backfill four (4) mine openings associated with the 
Spartan Mining Company with non-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 
openings; (2) cover any exposed coal seam along the mine bench with 
soil to 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 slope will be soil covered and revegetated in 
accordance with the approved West Virginia Department of Environmental 
Protection reclamation permit. The petitioner asserts that since the 
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-2007-016-C.
    Petitioner: Penn View Mining Company, 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: Penn View Mine, (MSHA I.D. No. 36-08741), located in Indiana 
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; (2) the maximum length of the 
480-volt trailing cable will be 950 feet; (3) the trailing cables for 
the 480-volt Fletcher Roof Ranger will not be smaller than No. 2 
American Wire Gauge (AWG) cable; (4) the current breakers that will be 
used to protect those cables in excess of 700 feet will have 
instantaneous trip units calibrated to trip at 500 amperes; and (5) all 
miners designated to operate the Roof Ranger II and for individuals who 
examine the cables will receive the proper training prior to 
implementation of the proposed alternative method. The petitioner has 
listed additional procedures in this petition that will be used to 
comply with the proposed alternative method. Individuals 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 at all times guarantee no less than the same measure of 
protection afforded the miners by such standard with no diminution of 
safety to the miners.
    Docket Number: M-2007-017-C.
    Petitioner: The North American Coal Company, 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 to permit an alternative method for raising or 
lowering the boom during construction and maintenance, disassembly, or 
major maintenance to prevent power loss and injuries to workers. The 
petitioner listed specific guidelines in this petition that would be 
used to minimize the potential for electrical power loss to the boom 
when raising or lowering the boom on draglines using the machines 
electrical onboard motor generator sets. The petitioner states that: 
(1) This procedure will most likely be used for boom raising and boom 
lowering during disassembly or major maintenance; (2) major maintenance 
requiring the raising/lowering of the boom/mast would only be performed 
as needed, which could be for long periods of time; (3) training and 
retraining will be conducted, prior to the need, for all persons 
involved in the process; (4) the affected area would be secured; (5) a 
dedicated channel on a two-way radio would be used to communicate at 
the dragline; (6) a qualified electrician will examine all electrical 
components 2 hours prior to the boom process and record the 
examinations; (7) ground fault and ground check circuits will be 
disabled under certain conditions; and (8) a qualified electrician will 
be positioned at the substation dedicated to monitor the grounding 
circuit. The petitioner states that the proposed alternative method is 
not an application that would result in a diminution of safety to the 
miners.
    Docket Number: M-2007-003-M.
    Petitioner: Intrepid Potash NM, LLC, P.O. Box 101, Carlsbad, New 
Mexico 88220.

[[Page 31861]]

    Mine: Intrepid Underground Potash Mine, (MSHA I.D. No. 29-00175), 
located in Eddy County, New Mexico.
    Regulation Affected: 30 CFR 57.18028 (Mine emergency and self-
rescuer training). Modification Request: The petitioner proposes to use 
10-Minute (Oeanco M-20 or equivalent) and 60-Minute Self-Contained 
Self-Rescuers (SCSRs) in its Underground Potash Mine outside of 
Carlsbad, New Mexico to comply with the New Mexico State Mining Act. 
The petitioner states that the miner would wear the M-20 units (MSHA 
rated at 10 minutes) on their person and a 60-Minute unit (the SR-100, 
EBA 6.5 or equivalent MSHA rated for 60 minutes) on their vehicles or 
equipment. The units would be located within 200 to 500 feet or 5 
minutes maximum of the employee. The petitioner further states that: 
(1) The alternative to the M-20 type are bulky and heavy units that 
would expose miners to additional risk; and (2) all training on the 
Ocenco M-20 and the SR 100 will be conducted according to 
manufacturer's recommendations and applicable MSHA and New Mexico State 
standards. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.
    Docket Number: M-2007-004-M.
    Petitioner: Intrepid Potash NM, LLC, P.O. Box 101, Carlsbad, New 
Mexico 88220.
    Mine: Intrepid Underground Potash Mine, (MSHA I.D. No. 29-00170), 
located in Lea County, New Mexico.
    Regulation Affected: 30 CFR 57.18028 (Mine emergency and self-
rescuer training). Modification Request: The petitioner proposes to use 
10-Minute (Oeanco M-20 or equivalent) and 60-Minute Self-Contained 
Self-Rescuers (SCSRs) in its Underground Potash Mine outside of 
Carlsbad, New Mexico to comply with the New Mexico State Mining Act. 
The petitioner states that the miner would wear the M-20 units (MSHA 
rated at 10 minutes) on their person and a 60-Minute unit (the SR-100, 
EBA 6.5 or equivalent MSHA rated for 60 minutes) on their vehicles or 
equipment. The units would be located within 200 to 500 feet or 5 
minutes maximum of the employee. The petitioner further states that: 
(1) The alternative to the M-20 type are bulky and heavy units that 
would expose miners to additional risk; and (2) all training on the 
Ocenco M-20 and the SR 100 will be conducted according to 
manufacturer's recommendations and applicable MSHA and New Mexico State 
standards. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

    Dated: June 1, 2007.
Jack Powasnik,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
 [FR Doc. E7-11129 Filed 6-7-07; 8:45 am]
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