[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Notices]
[Pages 65076-65078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22561]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: All comments on the petitions must be received by the Office of 
Standards, Regulations, and Variances on or before December 19, 2007.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic mail: [email protected].
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: 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.
    4. Hand-Delivery or Courier: 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-2007-061-C.

[[Page 65077]]

    Petitioner: D & R Coal Company, P.O. Box 728, Barbourville, 
Kentucky 40906.
    Mine: Mine  3, MSHA I.D. No. 15-19018, 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) All persons 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 and air quality will be 
monitored by the hand-held detector during each trip; (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-2007-062-C.
    Petitioner: D & R Coal Company, Inc., P.O. Box 728, Barbourville, 
Kentucky 40906.
    Mine: Mine  3, MSHA I.D. No. 15-19018, located in Knox 
County, Kentucky.
    Regulation Affected: 30 CFR 75.380(f)(4) (Escapeways; bituminous 
and lignite mines).
    Modification Request: The petitioner requests a modification of the 
existing 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 is operated in 
the Blue Gem Seam of coal and has seam averaging 24 to 25 inches. The 
petitioner proposes to use portable fire suppression equipment on 
three-wheel tractors in lieu of installing fire suppression systems. 
The petitioner proposes to use one twenty or two ten pound portable 
chemical fire extinguishers on each Mescher tractor used at the mine. 
If two extinguishers are used, a ten pound extinguisher will be mounted 
in the operators' deck with the other mounted on the tractor 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 twenty pounds of fire extinguisher capability on each Mescher 
tractor, which will be readily available to the operator. The 
petitioner states that: (1) The fire hazard potential on a Mescher 
tractor is extremely low because no hydraulics are used on these 
machines; (2) all other components of the tractor are permissible and 
are not susceptible to fire hazard; (3) the equipment operator will 
inspect each fire extinguisher daily before entering the primary 
escapeway; (4) a record of the inspections will be maintained; and (5) 
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 
tractor is in the primary escapeway is limited to the travel time to 
the face at the start of the shift, at mid-shift, to change batteries, 
and to travel out at the end of the shift during which time the drag 
bucket is empty and the tractor is not transporting coal; (3) portable 
fire suppression equipment can be used to direct the chemical fire 
suppressant by the operator in a more effective manner in case there is 
a fire; and (4) in this low coal mine the small fire extinguishers 
would be more effective to extinguish a fire than the machine-mounted 
systems. The petitioner also states that application of the existing 
standard will 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. The petitioner 
asserts that the proposed alternative method would provide at least the 
same measure of protection as the existing standard.


    Docket Number: M-2007-063-C.
    Petitioner: Alden Resources, LLC, 332 W. Cumberland Gap Parkway, 
Suite 100, Corbin, Kentucky 40701.
    Mine: Bain Branch Refuse Piles (I.D. No. 1211-KY7-07157-01), MSHA 
I.D. No. 15-17691, located in Whitley County, Kentucky.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard because: (1) The proposed refuse pile is constructed 
over abandoned underground mine openings in the Blue Gem coal bed; (2) 
the abandoned openings have been sealed and backfilled with dirt; and 
(3) the abandoned pit is a ``box-cut'' and the refuse will be placed in 
2-foot lifts and used to reclaim the pit to approximately the original 
contour. The petitioner states that: (1) The proposed modification will 
not reduce or diminish the safety of the proposed refuse pile since the 
pit being reclaimed is a box-cut and the dip of the coal seam is away 
from the portal area; (2) there is no danger of water from the 
abandoned workings saturating the fill and causing a failure; and (3) 
modification of the standard will allow for safe disposal of coal 
refuse at this site and will allow mining to continue in the 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-2007-064-C.
    Petitioner: P & A Engineers and Consultants, Inc., for Stirrat Coal 
Company, P.O. Box 279, Louisa, Kentucky 41230.
    Preparation Plant, MSHA I.D. No. 46-02515, located in Logan County, 
West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit a dry refuse structure to be added to the 
existing plant and rescue facility located near Stirrat in Logan 
County, West Virginia. The petitioner states that: (1) The mine 
(Williamson Seam) was faced up using the conventional method of 
creating two mine benches and two high-walls for the mine entries; (2) 
it is estimated that mining was completed in Mid-1988; (3) the mine 
seals were certified by Registered Professional Engineer on September 
20, 1988; and (4) upon completion of mining the portals were sealed and 
the high-walls were returned to an approximate 2:1 slope; and (5) a 6-
inch Interior Diameter (ID) steel drain was installed eliminating any 
potential head of water on the mine seals. The petitioner has provided 
with this petition a photo of the installed drain pipe and the 
backfilled portals. The petitioner further states that: (1) The 
existing drain pipe will be routed to the outside and beyond the limits 
of the

[[Page 65078]]

coarse refuse fill; and (2) a rock filter will be placed around the 
extended pipe and wrapped in filter fabric (Mirafi 140N or equivalent) 
and extended through the refuse pile. The petitioner asserts that the 
proposed alternative method would provide at least the same measure of 
protection as the existing standard.

    Docket Number: M-2007-065-C.
    Petitioner: R S & W Coal Company, 207 Creek Road, Klingerstown, 
Pennsylvania 17941.
    Mine: R S & W Drift Mine, MSHA I.D. No. 36-01818, located 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.311(a) (Main mine fan operation).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the main mine fan to be idle during non-
working hours. The petitioner states that historically, the main mine 
fan operation has been shut down during non-working shifts, because of 
icing during the winter months. The petitioner proposes to use the 
following stipulations in the fan stoppage plan: (1) Shut the main mine 
fan down during idle periods; (2) no mechanized equipment will be used 
underground; (3) no electric power circuits enter the underground mine; 
(4) the main mine fan will be operated for a minimum of one-half hour 
after the pressure recorder indicates that the normal mine ventilating 
pressure has been reached prior to any one entering the mine; (5) the 
mine battery locomotive may be used to make the required pre-shift 
examination; (6) the communication circuit 9-volts will be energized 
prior to the pre-shift being made;
    (7) a certified person will conduct an examination of the entire 
mine according to the requirements in 30 CFR 75.360; (8) persons will 
be allowed to enter the mine after it is determined to be safe and the 
pre-shift examination results have been recorded. The petitioner 
further states that the gangway, chutes, and headings are developed in 
rock and tests have shown that measurements taken every three seconds 
at the main mine fan found no detectable methane concentrations. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

    Dated: November 13, 2007.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-22561 Filed 11-16-07; 8:45 am]
BILLING CODE 4510-43-P