[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Notices]
[Pages 59309-59311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20650]


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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,

[[Page 59310]]

Regulations, and Variances on or before November 19, 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 with 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) 
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-2007-058-C.
    Petitioner: Bridger Coal Company, P.O. Box 68, Point of Rocks, 
Wyoming 82942.
    Mine: Bridger Underground Coal Mine, MSHA I.D. No. 48-01646, 
located in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 75.1902(c)(2)(i), (ii), and (iii) 
(Underground diesel fuel-general requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard as it pertains to temporary underground diesel fuel 
storage area location within: (i) 500 feet of the loading point; (ii) 
500 feet of the projected loading point where equipment is being 
installed; or (iii) 500 feet of the loading point where equipment is 
being removed. The petitioner states that: (1) Due to the size of the 
pillars utilized at the Bridger Underground mine (80' x 200') for 
ground control purposes in the longwall gate roads, there is little 
room to store all of the necessary longwall components and the 
temporary diesel transportation unit; (2) the longwall train consisting 
of transformers, emulsion pumps, emulsion tanks and other required 
longwall components is over 180 inches long and takes up a full pillar 
length; (3) the crosscuts are filled with either roof supports, and/or 
roof support material due to the necessity of ``gob isolation'' 
stopping and supplemental roof support (can cribs, wood cuts, rok-
props, etc) along the gateroads. The petitioner proposes to: (1) Store 
the temporary diesel transportation unit no more than 1000 feet from 
the section loading point; or projected loading point during equipment 
installation; or the last designated loading point during equipment 
removal; (2) equip the diesel self-propelled fuel transportation unit 
and the diesel-fuel storage tank with MSHA approved automatic fire 
suppression systems that would be installed to meet the requirements of 
30 CFR 75.1911; (3) have a certified person examine the temporary 
diesel fuel storage area twice each shift when work is performed inby 
the temporary diesel fuel storage area, and conduct a pre-shift 
examination of the diesel fuel storage area when work is performed in 
the area; (4) monitor the temporary diesel fuel storage area with an 
automated Atmospheric Monitoring System (AMS) that will give an alarm 
to the responsible person on the surface if an elevated carbon monoxide 
level is detected; (5) equip the self-propelled fuel transportation 
unit with either two additional 10 fire extinguishers or one 
additional 20 fire extinguisher; and (6) equip the diesel fuel 
storage tank with either two additional 10 fire extinguishers 
or one additional 20 fire extinguisher. The petitioner further 
states that: (1) The temporary diesel fuel storage area will be located 
in an area where the mine roof, mine ribs, and mine floor are well rock 
dusted and the roof will be supported to meet the requirements of 30 
CFR 75.202 and maintain the area free of extraneous combustible 
materials or ignition sources; and, (2) signs will be posted at each 
entrance of the temporary diesel fuel storage area to identify the area 
as a diesel fuel storage 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-2007-059-C.
    Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, P.O. Box 
591, Somerset, Colorado 81434.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.335(c) (Seal requirement).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit welding, cutting, and soldering with an arc 
or flame hereinafter referred to as ``hot work'' within 150 feet of a 
seal with the following stipulations: (1) Affected personnel will be 
trained in the requirements of this petition for modification; (2) hot 
work will be done under the supervision of a qualified person who will 
continuously test for methane with means approved by the Secretary for 
detecting methane, and will make a diligent search for fire during and 
after such operations; (3) a qualified person will examine the area 
that will be traveled between the hot work location and the closest 
seal prior to the hot work operations; (4) hot work operations will not 
be conducted in locations that contain 1.0 volume per centum or more of 
methane, and hot work area will be rock dusted or wetted prior to such 
operations; and (5) provide an additional 40 pounds of rock dust or one 
fire extinguisher that will be immediately available during such hot 
work operations, in addition to the requirements of 30 CFR 75.1100-
2(g). The petitioner asserts that application of the existing standard 
would result in a diminution safety to the miners and that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2007-060-C.
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Nolo Mine, MSHA I.D. No. 36-08850, located in.

[[Page 59311]]

    Regulation Affected: 30 CFR 75.364(a) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of conducting the 
required weekly examination to the deepest points of penetration in the 
mines 2 West Extension Section. The petitioner proposes to: (1) Flood 
the down dip portions of the 2 West Extension section to a maximum 
elevation of 1020. The flooding would occur naturally as water 
infiltrates into part of the mine; and (2) conduct examinations along 
the water's edge and adjust ventilation controls during the 
examinations to ensure proper ventilation is maintained, at intervals 
not to exceed 7 days, as the water rises and/or recedes in the 2 West 
Extension section. The petitioner states that: (1) The flood level in 
the 2 West Extension section will be controlled by pumping; (2) a mine 
dewatering system will be installed in the adjacent 2 Right section 
that is connected to 2 West Extension via an inseam horizontal borehole 
with an 8-inch cased inside diameter located at approximately the 1005 
elevation to provide water control to a minimum of 1005 foot elevation; 
(3) a maximum flood elevation will be controlled by monitoring the mine 
pool via water level sensors and during the required 30 CFR 75.364(a) 
weekly physical examination of the flood line or water's edge; (4) it 
is estimated that it takes approximately 300 days for the 2 West 
Extension section to flood, so if the proposed maximum flood elevation 
of 1020 feet is reached prior to completion of the dewatering facility, 
an in-pump station will be used to maintain the approved flood level; 
(5) flooding the section will provide a water seal for a considerable 
portion of the worked out area, which will eliminate the requirement to 
travel into the area for examinations; (6) the alternative to flooding 
the 2 West Extension section is to control the water by pumping which 
requires maintaining 6,000 +/- feet of electrical cable, 8 distribution 
boxes, motor controls, a submersible pump, and other associated 
electrical components; and (7) pumping the water out of 2 West 
Extension section would require personnel to travel over a mile from an 
active section and routed through worked out areas to the pump 
installation to conduct a pre-shift examination. The petitioner asserts 
that the proposed alternative method will at all times guarantee no 
less than the same measure of protection afforded the miners by such 
standard.

    Docket Number: M-2007-008-M.
    Petitioner: Phelps Dodge Tyrone, Inc., P.O. Drawer 571, Tyrone, New 
Mexico 88065.
    Mine: Tyrone Mine, MSHA I.D. No. 29-00159, located in Grant County, 
New Mexico.
    Regulation Affected: 30 CFR 56.14207 (Parking procedures for 
unattended equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit wheel chocks to be placed in front and 
behind the wheel when the vehicle is parked instead of applying the 
mechanical parking brake. The petitioner states that the temperature 
drops below 32 degrees Fahrenheit during the colder months in Grant 
County. There exists a potential for the mechanical parking brakes to 
freeze and not release. If the brakes are not fully released prior to 
operating the vehicle, the effectiveness of the brake is reduced, 
eventually rendering the brake useless. The petitioner further states 
that the proposed alternative method would only apply to light vehicles 
parked on level ground during the winter months when the likelihood of 
the mechanical parking brake freezing is high. The petitioner asserts 
that application of the existing standard has the potential of 
compromising the safety of the miners during the colder months in New 
Mexico.

    Docket Number: M-2007-009-M.
    Petitioner: Unimin Corporation, 48 West Boscawen Street, 
Winchester, Virginia 22601.
    Mine: Unimin Elco Plant, MSHA I.D. No. 11-01981, located in 
Alexander County, Illinois.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a NIOSH-tested clothes cleaning 
booth process for cleaning miners' dust laden clothing. The petitioner 
states that: (1) Only the miners trained in the operation of the NIOSH-
tested clothes cleaning booth process will be permitted to use the 
process; (2) the NIOSH-tested process uses controlled compressed air 
for the purpose of cleaning miners' dust laden clothing; (3) all miners 
entering the clothes cleaning booth will be required to wear full seal 
goggles for eye protection, ear plugs or muffs for hearing protection, 
and fit tested respirators with N100 filters for respiratory 
protection; (4) the NIOSH-tested clothes cleaning booth process will 
have a caution sign conspicuously posted indicating that use of half-
face fit-tested respirators with N100 filters, hearing protection, and 
full seal eye goggles are required before entering the booth. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard, and 
will provide a direct reduction in exposure to respirable crystalline 
silica dust. The petitioner has listed additional procedures in this 
petition that will be used when the proposed alternative method is 
implemented. Persons may review a complete description of the 
procedures and training requirements at the MSHA address listed in this 
notice.

    Docket Number: M-2007-010-M.
    Petitioner: St. Lawrence Zinc Company, LLC, 408 Sylvia Lake Road, 
Gouverneur, New York 13642.
    Mine: St. Lawrence Zinc Mine, MSHA I.D. No. 30-00185, located in 
St. Lawrence County, New York.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit refuge chambers in its underground mines to 
be exempt from the required waterlines being piped into the refuge 
chambers. The petitioner proposes to store 50 gallons of potable 
bottled spring water in the refuge chambers. The petitioner states 
that: (1) The bottled water would be stored and cycled out in 
accordance with the suppliers' two year shelf life; (2) the storage of 
50 gallons of potable water in each refuge chamber would ensure that 
the miners have an ample supply of potable drinking water at all times 
in the refuge chamber, because in a mine disaster, waterlines, pumps, 
and electrical systems could fail. The petitioner asserts that 
modification of the existing standard would in no way diminish or 
lessen the measure of protection afforded by the standard for the 
miners.

    Dated: October 12, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-20650 Filed 10-18-07; 8:45 am]
BILLING CODE 4510-43-P