[Federal Register Volume 73, Number 57 (Monday, March 24, 2008)]
[Notices]
[Pages 15540-15541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5908]


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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 April 23, 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: Jack Powasnik, Deputy Director, Office 
of Standards, Regulations, and Variances at 202-693-9443 (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-2008-006-C.
    Petitioner: Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, 
Pennsylvania 17978.
    Mine: N & L Slope Mine, MSHA I.D. No. 36-02203, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1714-2(c) (Self-rescue devices; use 
and location requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the self-rescue devices to be stored within 
60 feet of the working face. The petitioner states that in steeply 
pitching, conventional anthracite mines, entries are advanced as far as 
60 feet vertically. The petitioner further states that the miner is 
exposed to trip and fall hazards and the necessity of carrying supplies 
up these narrow entries while wearing the self-contained self-rescuers 
(SCSRs), may result in damage to the SCSR and in a diminution of safety 
to the miner.

    Docket Number: M-2008-007-C.
    Petitioner: Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, 
Pennsylvania 17978.
    Mine: N & L Slope Mine, MSHA I.D. No. 36-02203, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1714-4(a), (b), (c), (d), and (e) 
(Additional self-contained self-rescuers (SCSRs).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the requirement for providing an 
additional self-contained self-rescue (SCSR) device, and to eliminate 
the requirement for providing additional SCSRs on mantrips or mobile 
equipment and in alternate and primary escapeways, therefore 
eliminating the need for storage locations and for signs to be posted 
at each location. The petitioner states that: (i) An SCSR has never 
been used in an anthracite mine and no statistical data exists to 
support the need to use an SCSR; (ii) Anthracite coal is low in 
volatile matter and the lack of mechanization coupled with the reduced 
production capacity of anthracite mines has resulted in no significant 
liberation of explosive gases; (iii) The risk of fire at an underground 
anthracite mine is less than that of a city structure, therefore, the 
requirement for an additional SCSR cannot be justified; (iv) The 
potential hazard which would require wearing an SCSR and traveling the 
escapeway does not exist; (v) There is no hazard scenario where 
traveling the escapeway with an SCSR would be

[[Page 15541]]

likely; and (vi) The travel time on foot from the working face through 
the primary escapeway is less than fifteen minutes. The petitioner 
further states that damp and wet conditions occur in the entire mine, 
and historically, fires in anthracite mines have not been a significant 
hazard as a result of the low volatile matter of the coal, which is 
reflected in numerous granted petitions for modification relating to 
firefighting.
    The petitioner asserts that the proposed alternative method will in 
no way provide less than the same measure of protection than that 
afforded the miners under the existing standard.

    Dated: March 18, 2008.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-5908 Filed 3-21-08; 8:45 am]
BILLING CODE 4510-43-P