[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Notices]
[Pages 36064-36066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12755]


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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 August 1, 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-2007-027-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.
    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland 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 either team instead of two teams of five 
members and one alternate for each team. The petitioner states that: 
(1) The underground anthracite mine is small and cannot accommodate 
more than three or four miners in the working places; (2) 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; (3) the risk of disaster is considerably reduced 
because the electric power does not reach beyond the bottom of the 
slope and coal is hauled by hand trammed cars or battery electric 
motor; (4) rescue and recovery operations at other mines have utilized 
only one team; and (5) the Pennsylvania Deep Mine Safety and other 
surrounding mines will provide assistance 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.
    Docket Number: M-2007-028-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.
    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 49.6(a)(1) & (5) (Equipment and 
maintenance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of eight self-contained breathing 
apparatus and eight permissible cap lamps and charging rack instead of 
using twelve self-contained oxygen breathing apparatus and twelve 
permissible cap lamps and charging rack at each mine rescue station for 
its seven member rescue team. The petitioner asserts that the proposed 
alternative method would not alter, change, or reduce the ability, 
effectiveness or safety of the underground mine personnel.

    Docket Number: M-2007-029-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.
    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.335 (Construction of seals).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of construction of 
seals. The petitioner proposes to use wooden material of moderate size 
and weight due to the difficulty in accessing previously driven 
headings and breasts containing the inaccessible abandoned workings, 
through the use of homemade ladders. The petitioner states that to 
transport concrete blocks or equivalent materials manually on ladders 
on pitching veins will expose miners to greater hazards of falling, 
being struck by falling materials, or resulting in strains or sprains 
because of the weight of the materials. The petitioner cites low-level 
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 states that the mine has not experienced 
measurable liberations of methane to date. The petitioner asserts that 
the proposed alternative method would provide at least the same measure 
of protection as the existing standard.

    Docket Number: M-2007-030-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.

[[Page 36065]]

    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed 
intervals).
    Modification Request: The petitioner proposes to: (1) Conduct an 
examination and evaluation from the slope gunboat during the pre-shift 
examination after an air quantity reading is taken just in by the 
intake portal, including a visual examination of each seal for physical 
damage; (2) take an additional air reading and gas test for methane and 
oxygen deficiency at the intake air split location(s) just off the 
slope in the gangway portion of the working section; and (3) have the 
examiner place the date, time and his/her initials at locations where 
air readings and gas tests are taken prior to anyone entering the mine 
and properly record the results. The petitioner states that: (1) The 
slope will be traveled and physically examined in its entire length on 
a monthly basis regardless of conditions found at the section 
evaluation point; (2) the dates, times, and examiner's initials will be 
placed at sufficient locations throughout, and results of the 
examination will be recorded on the surface; and (3) any hazards 
detected will be corrected prior to transporting personnel in the 
slope. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2007-031-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.
    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland 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 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 least the same 
measure of protection as the existing standard.

    Docket Number: M-2007-032-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.
    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard which requires, in part, an accurate and up-to-date 
mine map with contour lines of all elevations and mines above or below. 
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, therefore, are 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 
potentially flooded workings. 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, when possible. Where potential hazards exist 
and 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-2007-033-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.
    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary 
notations, revisions, and supplements).
    Modification Request: The petitioner requests a modification of the 
existing standards to permit the required interval of survey to be 
established annually from the initial survey in 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 on an annual basis 
difficult to achieve with 4 individual contractors currently available. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standards.
    Docket Number: M-2007-034-C.
    Petitioner: Chestnut Coal Company, RD 3, Box 142B, Sunbury, 
Pennsylvania 17801.
    Mine: No. 12 Slope Mine, (MSHA I.D. No. 36-09493), located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (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

[[Page 36066]]

devices. The petitioner states that no such catch or device is 
available for the conditions present. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.
    Docket Number: M-2007-035-C.
    Petitioner: Black Beauty Coal Company, Vermilion Grove Road, 4500 
N. 1500 E. Road, Ridgefarm, Illinois 61870.
    Mine: Riola Mine Complex--Vermilion Grover Plant, MSHA I.D. No. 11-
03060, located in Vermilion County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Non-permissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of the Getman Roadbuilder, Model 
RDG-1504S, serial number 6940, without front brakes as it was 
originally designed. The existing standard requires that service brakes 
on self-propelled non-permissible diesel-powered equipment act on each 
wheel and are designed such that a failure on one component will not 
result in a complete loss of braking capability. The petitioner states 
that: (1) The Roadbuilder has six wheels with dual brake systems on the 
four rear wheels, and is designed to prevent loss of braking due to a 
single component failure; (2) seventy-four percent of the machines 
total weight is over the four rear wheels; (3) brakes on the rear of 
the Roadbuilder are sufficient to safely stop the machine; (4) training 
will be provided for grader operators to lower the moldboard for 
additional stopping capability in emergency situations; (5) operators 
will be trained to recognize the appropriate speeds to use on different 
roadway conditions; and (6) operators will be trained to limit the 
maximum speed to ten miles per hour. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.
    Docket Number: M-2007-036-C.
    Petitioner: KMMC, LLC, (dba) Vision Mining, P.O. Box 99, Sebree, 
Kentucky 42455.
    Mine: Vision No. 9 Mine, (MSHA I.D. No. 15-17044), located in 
Webster County, Kentucky.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge 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 deluge-type water 
spray fire suppression system; (2) conduct a functional test of each 
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 immediately. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection to all miners as would be provided by the 
mandatory safety standard.

    Dated: June 25, 2007.
Jack Powasnik,
Acting Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E7-12755 Filed 6-29-07; 8:45 am]
BILLING CODE 4510-43-P