[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Notices]
[Pages 31861-31863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11131]


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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 check 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-2007-022-C.
    Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove, 
Pennsylvania 17963.
    Mine: Bottom Split Slope Mine, (MSHA I.D. No. 36-09491), located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1100-2 (a)(2) (Quantity and location 
of firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard 30 CFR 75.1100-2(a)(2), which requires that each 
working section of underground coal mines producing less than 300 tons 
of coal per shift be provided with specified firefighting equipment and 
supplies. The equipment and supplies include two portable fire 
extinguishers, 240 pounds of rock dust in bags or other suitable 
containers, and at least 500 gallons of water and at least 3 pails of 
10 quart capacity. The petitioner proposes to use portable fire 
extinguishers only, to replace existing requirements where rock dust, 
water cars, and other water storage equipped with three 10 quart pails 
are not practical. The petitioner states that equipping its small 
anthracite mine with two portable fire extinguishers near the slope 
bottom and an additional portable fire extinguisher within 500 feet of 
the working face will provide equivalent fire protection. The 
petitioner asserts that the proposed alternative method would provide 
at

[[Page 31862]]

least the same measure of protection as the existing standard.

    Docket Number: M-2007-023-C.
    Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove, 
Pennsylvania 17963.
    Mine: Bottom Split Slope Mine, (MSHA I.D. No. 36-09491), located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200 (d) & (i) (Mine map).
    Modification Request: The petitioner proposes to use cross-sections 
instead of contour lines through the intake slope at locations of rock 
tunnel connections between veins, and at 1,000 foot intervals of 
advance from the intake slope. In addition, the petitioner proposes to 
limit the required mapping of the mine workings above and below to 
those present within 100 feet of the vein being mined, except when 
veins are interconnected to other veins beyond the 100-foot limit 
through rock tunnels. The petitioner states that contours provide no 
useful information due to the steep pitch encountered in mining 
anthracite coal veins, and their presence would make portions of the 
map illegible. The petitioner further states that use of cross-sections 
in lieu of contour lines has been practiced since the late 1800's and 
provides critical information about the spacing between veins and the 
proximity to other mine workings, which fluctuate considerably. 
Additionally, the petitioner states that the mine workings above and 
below are usually inactive and abandoned, and therefore not subject to 
changes during the life of the mine. The petitioner states that all 
mapping for mines above and below are researched by its contract 
engineer for the presence of interconnecting rock tunnels between veins 
in relation to the mine and a hazard analysis is done when mapping 
indicates the presence of known or potentially flooded workings. The 
petitioner asserts that when evidence indicates that prior mining was 
conducted on a vein above or below and research exhausts the 
availability of mine mapping, the vein will be considered to be mined 
and flooded and appropriate precautions will be taken under 30 CFR 
75.388, where possible. Where potential hazards exist and in-mine 
drilling capabilities limit penetration, petitioner will drill surface 
boreholes to intercept the mine workings and will analyze the results 
prior to mining in the affected area. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2007-024-C.
    Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove, 
Pennsylvania 17963.
    Mine: Bottom Split Slope Mine, (MSHA I.D. No. 36-09491), located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 30 CFR 75.1202-1(a) 
(Temporary notations, revisions, and supplements.
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the required interval of survey to be 
established annually in of lieu every 6 months. The petitioner proposes 
to update the mine map by hand notations on a daily basis, conduct 
subsequent surveys prior to commencing retreat mining, and when either 
a drilling program under 30 CFR 75.388 or plan for mining into 
accessible areas under 30 CFR 75.389 is required. The petitioner states 
that: (1) Low production and slow rate of advance in anthracite mining 
make surveying on 6 month intervals impractical and, in most cases, 
annual development is frequently limited to less than 500 feet of 
gangway advance with associated up-pitch development; (2) the majority 
of small anthracite mines are using non-mechanized, hand-loading mining 
methods; (3) development above the active gangway is designed to mine 
into the level above at designated intervals thereby maintaining 
sufficient control between both surveyed gangways; and (4) the 
available engineering/surveyor resources are very limited in anthracite 
coal fields which makes surveying difficult to achieve. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.

    Docket Number: M-2007-025-C.
    Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove, 
Pennsylvania 17963.
    Mine: Bottom Split Slope Mine, (MSHA I.D. No. 36-09491), located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (c) (Hoisting equipment; 
general).
    Modification Request: The petitioner proposes to use the slope 
(gunboat) to transport persons in shafts and slopes using an increased 
rope strength/safety factor and secondary safety rope connection 
instead of using safety catches or other no less effective devices. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

    Docket Number: M-2007-026-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine  77, (MSHA I.D. No. 15-09636), 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 to permit check points to be established in nine (9) 
locations to examine certain areas of the return air course. The 
petitioner states that: (1) Due to hazardous roof and rib conditions, 
and the distance from active workings and the age of these workings, it 
is impractical to expose personnel to the roof and rib hazards in the 
affected areas; and (2) to ensure no lesser degree of safety for all 
personnel in the mine, ventilation check points will be established to 
measure the air in the affected areas. The petitioner proposes to: (1) 
Establish air measurement stations at locations that will allow 
effective evaluation of ventilation in the affected areas. The 
measurements will be conducted by a certified person on a weekly basis, 
and a sign will be posted designating the location of measuring 
stations; (2) all air measurement stations will be maintained in safe 
condition at all times; (3) the date, time and results of these 
measurements will be recorded in a book kept on the surface or on a 
date board provided at each measuring station, and made accessible to 
all parties; (4) signs will be posted in an adjacent travel entry that 
will indicate the safe travel route to each monitoring station; (5) 
evaluations will be conducted by a certified person at each of the 
monitoring stations on a weekly basis that will include the quantity 
and quality of air entering or exiting the monitoring station. The 
measurements will be made using the MSHA approved and calibrated hand-
held multi-gas detectors to check for methane and oxygen gas 
concentrations and appropriate calibrated anemometers to check air flow 
volume; (6) a diagram maintained in legible condition will be posted at 
the monitoring stations that will show the normal direction of the air 
flow, and any change in the direction of the air flow will be reported 
to the mine foreman for immediate investigation; (7) the date, time, 
and examiner's initials, and the measured quantity and quality of air 
will be recorded in a book or on a date board and will be provided at 
the monitoring stations; (8) the monitoring station location(s) will be 
shown on the annually submitted mine ventilation map and the stations 
will not be moved to another location without prior approval by the 
District Manager as part

[[Page 31863]]

of the Ventilation Plan for the Bottom Split Slope Mine; and (9) all 
mine personnel will receive instructions on which areas they are not 
permitted to travel, and all other approaches will be fenced off or 
barricaded with ``DO NOT ENTER'' warning signs. Entry in the affected 
area will only be permitted to conduct investigations and to correct 
problems with the air flow that is detected through the monitoring 
process. This work will be done under the supervision of an authorized 
person. The petitioner has listed additional procedures in this 
petition that will be used to comply compliance to 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 will provide no lesser degree of 
safety for the personnel at the Mine  77.

    Dated: June 1, 2007.
Jack Powasnik,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
 [FR Doc. E7-11131 Filed 6-7-07; 8:45 am]
BILLING CODE 4510-43-P