[Federal Register Volume 73, Number 26 (Thursday, February 7, 2008)]
[Notices]
[Pages 7323-7324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2229]


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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: All comments on the petitions must be received by the Office of 
Standards, Regulations, and Variances on or before March 10, 2008.

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-2007-073-C.
    Petitioner: B & B Coal Company, 225 East Main Street, Joliett, 
Pennsylvania 17981.
    Mine: B & B Rockridge Slope, MSHA I.D. No. 36-07741, located in 
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 anyone 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; and (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 repeated testing of 
methane concentrations have shown that concentration levels have at no 
time risen above 0.0 percent. The petitioner asserts that the proposed 
alternative method would provide at least the same measure of 
protection as the existing standard.
    Docket Number: M-2007-074-C.
    Petitioner: KenAmerican Resources, Inc., 7590 State Route 181, 
Central City, Kentucky 42330.
    Mine: Paradise Mine, MSHA I.D. No. 15-17741, located in Muhlenberg 
County, Kentucky.
    Regulation Affected: 30 CFR 75.350 (Belt air course ventilation).
    Modification Request: The petitioner proposes to develop two inner 
seam slopes from the No. 11 coal seam to the No. 9 coal seam, 
vertically a distance of approximately 110 feet. The petitioner states 
that: (1) The slopes are designed at a nine degree slope for a total 
distance of 1,000 feet; (2) as an alternative plan, air locks will be 
used

[[Page 7324]]

at both the top and bottom of the belt/return slope so that the belt 
and return will be one slope for the purpose of return air and coal 
haulage; (3) a carbon monoxide monitoring system will be used on the 
belt at the top and bottom of the slope with monitoring via computer in 
the mine office and the mine dispatcher station on the surface; and (4) 
return air coursed up the slope will be routed to the return at the top 
of the slope and will not mix with belt air. The petitioner asserts 
that the proposed alternative method will at all times guarantee the 
same measure of protection and safety afforded the miners by the 
mandatory standard.
    Docket Number: M-2008-001-C.
    Petitioner: S & M Coal Company, 1744 E. Grand Avenue, Tower City, 
Pennsylvania 17980.
    Mine: Buck Mountain Slope, MSHA I.D. No. 36-02022, located in 
Daupin 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 capable of working 
properly in slopes with knuckles and curves has not been developed and 
that the proposed alternative method will not provide less than the 
same measure of protection afforded the miners under the current 
standard.

    Dated: January 30, 2008.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-2229 Filed 2-6-08; 8:45 am]
BILLING CODE 4510-43-P