[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Notices]
[Pages 45829-45830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16022]


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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 Off ice of 
Standards, Regulations, and Variances on or before September 14, 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-2007-043-C.
    Petitioner: Consolidation Coal Company, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241.
    Mine: Robinson Run Mine 95, MSHA I.D. No. 46-01318, 
located in Harrison County, West Virginia.
    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 permit the maximum length of trailing cables 
supplying power to permissible equipment used in continuous mining 
sections to be increased to 1,000 feet. The petitioner states that: (1) 
The trailing cables will be used only to supply three-phase, 575-volt 
power to loading machines, shuttle cars, roof bolters (longwall and 
section), section ventilation fans and de-gas drills; (2) the trailing 
cables will not be smaller than  2 American Wire Gauge (AWG) 
and the trailing cables for the roof bolter will not be smaller than 
 4 AWG; (3) all circuit breakers used to protect  2 
AWG trailing cables exceeding 700 feet in length will have 
instantaneous trip units calibrated to trip at 800 amperes; (4) the 
trip setting of the circuit breakers will be sealed or locked and will 
have permanent and maintained legible labels; (5) each label will 
identify the circuit breaker as being suitable for protecting  
2 AWG cables; (6) the circuit breakers used to protect  4 AWG 
trailing cables exceeding 600 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 or locked and will have permanent 
and maintained legible labels; (7) each label will identify the circuit 
breaker as being suitable for protecting  4 AWG cables; and 
(8) replacement instantaneous trip units used to protect  4 
AWG trailing cables will be calibrated to trip at 500 amperes and will 
be sealed and locked. 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 the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.
    Docket Number: M-2007-044-C.
    Petitioner: C.W. Mining Company, P.O. Box 300, Huntington, Utah 
84528.
    Mine: Bear Canyon No. 4 Mine, MSHA I.D. No. 42-02335, located in 
Emery County, Utah.
    Regulation Affected: 30 CFR 75.350 (Belt air course ventilation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the belt-haulage entry to be used as the 
return entry during two-entry longwall panel development and as an 
intake entry to provide additional face ventilation during longwall 
panel retreat mining. The petitioner states that an atmospheric 
monitoring system (AMS) for early warning fire detection will be 
utilized throughout the two-entry system and all sensors that are part 
of the AMS will be diesel-discriminating (carbon monoxide and nitric 
oxide) sensors. 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 the petitioned-for method will at 
all times guarantee no less than the same measure of protection 
afforded by 30 CFR 75.350, and that application of the existing 
standard will result in a diminution of safety to the miners.
    Docket Number: M-2007-045-C.
    Petitioner: Alpha & Omega Coal Company, LLC, Drawer 887, Louisa, 
Kentucky 41230.
    Mine: No. 2 Deep Mine, MSHA I.D. No. 46-09187, located in Mingo 
County, West Virginia.

[[Page 45830]]

    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 2, 400-volt AC-powered 
continuous mining equipment at the No. 2 Deep Mine. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.
    Docket Number: M-2007-046-C.
    Petitioner: Twentymile Coal Company, Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt 
County, Colorado.
    Regulation Affected: 30 CFR 75.335(c) (Construction of seals).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
the prohibition against welding, cutting, or soldering on the longwall 
face equipment within 150 feet of seals. The petitioner states that: 
(1) Prior to welding or cutting activity on the longwall face within 
150 feet of seals, the ventilation plan will be reviewed with the 
person(s) involved in such welding or cutting; (2) welding, cutting, or 
soldering with arc or flame will be done under the supervision of a 
qualified person who will make a diligent search for fire during and 
after such operations and shall continuously test for methane with 
means approved by the Secretary immediately before and during such 
operations; (3) welding, cutting, or soldering will not be conducted in 
air that contains 1.0 volume per centum or more of methane; (4) the 
area will be wet or rock dusted, and additional rock dust or suitable 
fire extinguishers will be immediately available during such welding or 
cutting; (5) prior to welding and cutting, a determination will be made 
concerning the presence of ventilation quantities and velocities 
specified in the ventilation plan; (6) prior to welding and cutting, a 
qualified person will examine the area for methane as well as the area 
towards the closest seal to the area, for a distance that can be 
traveled safely; and (7) if methane is detected above 1.0 percent at 
any location during examination, cutting, welding, or soldering on the 
longwall face or in the tailgate area will be not be permitted. The 
petitioner asserts that the proposed alternative method would provide 
an equal measure of protection as that provided by the existing 
standard.
    Docket Number: M-2007-047-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 (examination points) for air 
volume and quality to be established in two locations of the Alwest 2 
Mains due to poor roof conditions that prevent foot travel through the 
affected area of the mine. The petitioner proposes to establish 
evaluation points at certain points to evaluate airflow entering the 
Alwest 2 Mains and exiting the Alwest 2 Mains. The petitioner also 
proposes to establish ventilation check points between certain breaks 
of the Alwest 2 Main. The petitioner states that due to the adverse 
roof conditions 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 area 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 the proposed alternative method 
will at all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2007-048-C.
    Petitioner: Paramont Coal Company Virginia, LLC, 2333 Alumni Park 
Plaza, Suite 310, Lexington, Kentucky.
    Mine: Deep Mine  26, MSHA I.D. No. 44-06929, located in 
Wise County, Virginia.
    Regulation Affected: 30 CFR 75.1909(b)(6) ( Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a Getman Roadbuilder, Model RDG-
1504, and Serial Number 6946. The petitioner proposes to: (1) Operate 
one Getman Roadbuilder without front brakes as originally designed; (2) 
train grader operators to lower the moldboard to provide additional 
stopping capability in emergency situations; (3) train operators to 
recognize the appropriate speeds to use on different roadway 
conditions; and (4) limit the maximum speed to 10 miles per hour. The 
petitioner states that: (1) The Roadbuilder has six wheels and a 
braking system on the four rear wheels; (2) the weight distribution 
over the four back wheels and the machine's braking system is adequate 
to stop the machine; and (3) the safety of the miners will not be 
compromised. The petitioner asserts that the design of the Getman 
Roadbuilder guarantees no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2007-007-M.
    Petitioner: Phelps Dodge Safford, Inc., 1124 W. Thatcher Blvd., 
Suite 202, Safford, Arizona 85546.
    Mine: Safford Mine, MSHA I.D. No. 02-00299, located in Graham 
County, Arizona.
    Regulation Affected: 30 CFR 56.6309(b) (Fuel oil requirements for 
ANFO).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of used petroleum-based, 
lubrication oil from diesel equipment (recycled oil) for blending with 
diesel fuel and conventional prills to create ammonium nitrate-fuel oil 
(ANFO). 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 
the proposed alternative method would at all times guarantee no less 
than the same measure of protection as the existing standard.

    Dated: August 9, 2007.
Jack Powasnik,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
[FR Doc. E7-16022 Filed 8-14-07; 8:45 am]
BILLING CODE 4510-43-P