[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Notices]
[Pages 53264-53266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18367]


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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 October 18, 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, VA 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-2007-049-C.
    Petitioner: Armstrong Coal Company, Inc., 407 Brown Road, 
Madisonville, Kentucky 42431.

[[Page 53265]]

    Mine: Big Run Mine, MSHA I.D. No. 15-18552, located in Ohio County, 
Kentucky.
    Regulation Affected: 30 CFR 75.1908(a)(1) (Nonpermissible diesel-
powered equipment; categories).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for the 
requirement that equipment that cuts or moves rock or coal be included 
in the category of heavy-duty diesel-powered equipment. Specifically, 
the Big Run Mine operates a ``mini-trac'' fork lift tractor and will 
replace the forks with a bucket for limited use. Gas test will be 
conducted as required under 30 CFR 75.1914(g) (ATX 620 multi-gas 
detectors) as recommended in the guidelines from the Center for Diesel 
Research (An Emissions-Assisted Maintenance Procedures for Diesel 
Equipment, ``Evaluation of Technology to Reduce Diesel Particulates''). 
These guidelines serve as the basis for the standard operating 
procedures. The petitioner states that: (1) With the procedures in 
place, those working in the mine will be in the intake (fresh air) at 
all times and at no time will any miner be subject to the exhaust 
emissions generated from the mini-trac; (2) two 20-pound fire 
extinguishers and 240 pounds of rock dust will be maintained within 150 
feet of the mini-trac at all times in addition to the fire suppression 
system located on the mini-trac; (3) the mini-trac will be used to 
clean the escapeway on a limited basis only when the mine is idle and 
when the mine returns back to production, use of the mini-trac with 
forks attached only for hauling supplies; (4) no more than five miners 
will be underground while the mini-trac is in use during rehabilitation 
of the air course; (5) the miners who are underground will be stationed 
outby the machine and will not be exposed to dust or gases inby during 
rehabilitation of the air course; and (6) training will be provided to 
each miner who operates the mini-trac in the proper inspection and 
recognition of any deficiencies in the use of the equipment. The 
petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection afforded by 
the standard.
    Docket Number: M-2007-050-C.
    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine:  11 Slope Mine, MHSA I.D. No. 36-09475, 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 reduction of two mine rescue teams with 
five members and one alternate each, to two mine rescue teams of three 
members with one alternate for either team. The petitioner states that 
the mine is a small anthracite mine and an attempt to utilize five or 
more rescue team members in the mine's confined working places would 
result in a diminution of safety to both the miners at the mine and the 
members of the rescue team. Further, the petitioner states that the 
mining method used greatly reduces the threat of a disaster and need 
for rescue teams. 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-2007-051-C.
    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, 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-2007-053-C.
    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed 
intervals).
    Modification Request: The petitioner proposes to modify the 
application of the standard at its above referenced anthracite coal 
mine to permit an alternative method of examination and evaluation. The 
petitioner's intake slope has a pitch of 66 degrees. The petitioner 
would: (1) Conduct an examination and evaluation from the slope gunboat 
during the pre-shift examination after an air quantity reading is taken 
just inby 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-2007-054-C.
    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, 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 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 no less than the same measure of 
protection as under the existing standard. The mine produces low 
volatile coal and the working section requires frequent de-watering. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.
    Docket Number: M-2007-055-C.

[[Page 53266]]

    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in 
Northumberland 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 veins being mined, except when 
these 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-2007-056-C.
    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, 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 standard to permit the required interval of survey to be 
established on an annual basis from the initial survey lieu of 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-2007-057-C.
    Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury, 
Pennsylvania 17801.
    Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, 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 devices. The 
petitioner asserts that a functional safety catch has not been 
developed and that the proposed alternative method would provide at 
least the same measure of protection as the existing standard.

    Dated: September 12, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-18367 Filed 9-17-07; 8:45 am]
BILLING CODE 4510-43-P