[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Notices]
[Pages 39464-39466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13921]


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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 17, 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-2007-037-C.
    Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, 
Kentucky 40701.
    Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County, 
Kentucky.
    Regulation Affected: 30 CFR 75.380(f)(4)(i) (Escapeways; bituminous 
and lignite mines).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for the use of mobile 
equipment traveling in the primary escapeway. The petitioner asserts 
that technology has not developed a fire suppression system that will 
fit on the type of equipment used in this mine, which has an average 
coal seam of 28 inches. The petitioner proposes to use one ten pound or 
two five pound portable chemical fire extinguishers on each Mescher 
Jeep used at the Mine. If two extinguishers are used, one five pound 
extinguisher will be mounted in the operators' deck with the other 
mounted on the jeep accessible to the operator. If one extinguisher is 
used, it will be mounted in the operators' deck. In either case, the 
petitioner proposes to use a total of ten pounds of fire extinguisher 
capability on each Mescher Jeep, which will be readily accessible to 
the operator. The petitioner states that: (1) The equipment operator 
will inspect each fire extinguisher daily before entering the primary 
escapeway; and (2) a record of the inspections will be maintained; and 
(3) defective fire extinguishers will be replaced prior to entering the 
mine. The petitioner further states that: (1) The main travelway of the 
mine is also the primary escapeway; (2) the amount of time each Mescher 
Jeep is in the primary escapeway is limited to the travel time to the 
face at the start of the shift, and at mid-shift, to change batteries, 
and travel out at the end of the shift during which time the drag 
bucket is empty and the tractor is not transporting coal; (3) employees 
who operate the Mescher Jeeps in the primary escapeway have been 
properly trained in the daily inspection of fire extinguishers 
installed on the equipment they operate; and (4) the employees have 
been trained to properly operate the fire extinguishers should it 
become necessary to extinguish a fire on the equipment they operate. 
The petitioner also states that it is likely that the application of 
the existing standard would reduce the safety of the affected miners, 
since fire suppression equipment is not presently available for this 
type of equipment, and currently, technology does not provide fire 
suppression equipment for the type of machinery used at the Mine No. 7. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2007-038-C.
    Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, 
Kentucky 40701.
    Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County, 
Kentucky.
    Regulation Affected: 30 CFR 75.342 (Methane monitors).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of hand-held continuous-duty 
methane and oxygen indicators in lieu of machine-mounted methane 
monitors on three-wheel tractors with drag bottom buckets. The 
petitioner states that: (1) The operator

[[Page 39465]]

will be qualified to use the hand-held detectors; (2) a gas test will 
be taken to determine if any methane concentration is present in the 
atmosphere prior to allowing the coal-loading tractor in the face area; 
(3) if one percent (1%) of methane is detected, the operator will 
manually de-energize his/her battery operated tractor immediately, 
production will immediately cease, work will be performed to eliminate 
the elevated methane levels, and production will resume when the 
methane has been lowered to less than one percent; (4) a spare 
continuous-duty hand-held methane and oxygen detector will be available 
to ensure that all coal hauling tractors are equipped with a working 
detector; and (5) the monitors will be inspected daily and fully 
charged, calibrated at least every 30 days, and will not be changed 
from manufacturer's specifications unless by a person qualified to do 
so. The petitioner asserts that application of the existing standard 
reduces protection and the proposed alternative method would greatly 
increase the safety and well being of miners.

    Docket Number: M-2007-039-C.
    Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset, 
Colorado 81434.
    Mine: West Elk Mine, (MSHA I.D. No. 05-03672), located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.380(d)(4) (Escapeway; bituminous and 
lignite mines).
    Modification Request: The petitioner requests an amendment to its 
previous petition for modification, docket number M-94-023-C, to 
increase the affected distance in the belt entry from 1,050 feet to 
2,300 feet with the same terms and conditions as its previously 
approved petition. The petitioner asserts that application of the 
existing standard will result in a diminution of safety to the miners 
and that application of the approved terms and conditions of the 
previous petition will at all times provide a safe work environment to 
the miners. In addition, the petitioner asserts that the requested 
amendment will provide at least as much protection as the previously 
granted petition.
    Docket Number: M-2007-040-C.
    Petitioner: UAE CoalCorp Associates, One Harmony Road, P.O. Box 
0306, Mount Carmel, Pennsylvania.
    Mine: Harmony Mine, (MSHA I.D. No. 36-07838), located in Columbia 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard for its anthracite coal mine to permit the use of 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: (1) A functional safety catch 
capable of working in slopes with knuckles or curves is not 
commercially available; (2) a makeshift device would be activated on or 
by knuckles or curves when no emergency exists; and (3) activation of a 
safety catch can or will damage the haulage system and subject persons 
being transported to hazards from dislodged timbering, roof material or 
guide rails, and being battered about within the conveyance. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

    Docket Number: M-2007-041-C.
    Petitioner: Brooks Run Mining Company, LLC, 25 Little Birch Road, 
Sutton, West Virginia 25601.
    Mine: Cucumber Mine, (MSHA I.D. No. 46-09066), located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit mining on a complete line of pillars 
without having to tram the Mine Roof Supports (MRS) units around the 
pillars. The petitioner states that: (1) This petition will apply only 
to trailing cables that are at least a No. 6 American Wire Gauge and 
have a 90 degree insulation rating to supply 575-volt three-phase 
alternating current to mobile roof supports; (2) the size of the 
trailing cable will be according to the equipment approval 
documentation and the maximum cable length will not exceed 800 feet; 
(3) all circuit breakers used to protect the trailing cables exceeding 
600 feet in length will have instantaneous trip units calibrated to 
trip at 300 amperes; (4) each trip setting of the circuit breakers will 
be sealed and the circuit breakers will have permanent, legible labels 
to identify the circuit breaker as being suitable for protecting the 
cables; (5) during each production day, a person designated by the 
operator will visually examine the trailing cables to ensure that the 
cables are in safe operating condition and visually examine the 
instantaneous settings of the specially calibrated breakers to ensure 
that the seals have not been removed or tampered with or do not exceed 
the settings; (6) warning labels will be installed and properly 
maintained permanently on the cover(s) of the power center or 
distribution box identifying the location of each sealed short circuit 
protective device; (7) back-spooling and temporary discharging points 
shall be limited; and (8) Part 48 training plan will be revised to 
include additional training. The petitioner further states that labels 
will warn miners not to change or alter the sealed short circuit 
settings. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2007-042-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine  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 to permit check points (examination points) for air 
volume and quality to be established in two locations of the Return 
Mains due to water accumulations in these areas that prevent foot 
travel. The petitioner proposes to establish examination points at 
certain points to evaluate airflow entering the 2nd Return Mains and 
exiting the 2nd Return Mains. The petitioner also proposes to establish 
ventilation check points between certain breaks of the 2nd Return Mains 
near the installed man doors and in the cut-through of certain breaks 
in the 2nd Return Mains. The petitioner states that due to water 
accumulations and the distance from active works, it is impractical to 
expose personnel to traveling the affected area. 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. 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 less protection than the existing standard.


[[Page 39466]]


    Dated: July 12, 2007.
Jack Powasnik,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
[FR Doc. E7-13921 Filed 7-17-07; 8:45 am]
BILLING CODE 4510-43-P