[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Notices]
[Pages 20065-20067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7804]


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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 May 14, 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: Lawrence D. Reynolds, Office of 
Standards, Regulations, and Variances at 202-693-9449 (Voice), 
[email protected] (E-mail), or 202-693-9441 (Telefax), or 
contact Barbara Barron at 202-693-9447 (Voice), [email protected] 
(E-

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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-2008-008-C.
    Petitioner: D. Molesevich & Sons Construction Company, Inc., 333 
South Pine Street, Mount Carmel, Pennsylvania 17851.
    Mine: Snake Road Stripping Mine, MSHA I.D. No. 36-09485, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 77.1200(c) & (k) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of cross-sections in lieu of 
contour lines at regular intervals through the area to be mined and to 
limit the required mapping of mine workings below to those present 
within 100 feet of the vein(s) being mined. The petitioner states that: 
(1) Due to the steep pitch encountered in mining anthracite coal veins, 
contours provide no useful information and their presence would make 
portions of the map illegible; (2) use of cross-sections in lieu of 
contour lines has been practiced since the late 1800s thereby providing 
critical information relative to the spacing between veins and 
proximity to other mine workings which fluctuate considerably; (3) the 
vast majority of current surface anthracite mining involves either the 
mining of remnant pillars from previous mining/mine operators or the 
mining of veins of lower quality in proximity to inaccessible and 
frequently flooded abandoned mine workings which may or may not be 
mapped; and (4) the mine workings below are usually inactive and 
abandoned, therefore, are not subject to changes during the life of the 
mine, but active mines will be mapped. 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.

    Docket Number: M-2008-009-C.
    Petitioner: XMV, Inc., 215 Suppliers Road, Bluefield, Virginia 
24605.
    Mine: Mine No. 35, MSHA I.D. No. 46-08131, located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 75.364(b)(4) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the following examinations to be conducted 
in lieu of evaluating the seals underground: (1) Establish Monitoring 
Point P at an abandoned portal used by Postar Coal Company, Inc., 
Postar No. 1 Mine, MSHA I.D. No. 46-07983 for bleeder flow evaluation 
and establish Evaluation Point X at a drill hole near the Mine No. 35, 
MSHA I.D. No. 46-08131 side of the separator seals; (2) use Monitoring 
Point P to evaluate the atmosphere behind the separator seals in the 
abandoned Postar No. 1 Mine to insure that the atmosphere remains at a 
non-explosive range and use Evaluation Point X to insure that the No. 
35 Mine side of the separator seals are being ventilated with intake 
air provided by the exhausting bleeder fan; and (3) have a certified 
person conduct weekly examinations and evaluations that will be 
maintained in an approved record book. The petitioner states that: (1) 
The Mine is a drift operation with multiple outcrop and surface 
openings with no history of methane or ventilation problems; (2) the 
separator seals existed when the cross through to the U.S. Steel No. 9 
Mine, MSHA I.D. No. 46-01418 old panel took place and the bleeder 
system was established; and (3) ventilation is set up to prevent any 
contaminant from the abandoned area to reach the working section. The 
petitioner asserts that Monitoring Point P and Evaluation Point X will 
provide a level of safety as is required by the existing standard.

    Docket Number: M-2008-010-C.
    Petitioner: Pleasant View Mining Company, Inc., 755 Nebo Road, 
Madisonville, Kentucky 42431.
    Mine: Richland No. 9 Mine, MSHA I.D. No. 15-17232, located in 
Hopkins County, Kentucky.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance in lieu 
of using blow-off dust covers for deluge-type water spray nozzles. The 
petitioner proposes to have a person trained in the testing procedures 
specific to the deluge-type water spray fire suppression systems used 
at each belt drive to conduct the following procedures once each week: 
(1) A visual examination of each of the deluge-type water spray fire 
suppression system; (2) a functional test of the deluge-type water 
spray fire suppression systems by actuating the system and observing 
its performance; and (3) record the results of the examination and 
functional test in a book maintained on the surface and made available 
to the authorized representative of the Secretary. The record book will 
be retained for one year. The petitioner asserts that the proposed 
alternative method will provide a measure of protection equal to or 
greater than that of the standard.

    Docket Number: M-2008-011-C.
    Petitioner: Chevron Mining, Inc., 12398 New Lexington Road, Barry, 
Alabama 35546.
    Mine: North River Mine, MSHA I.D. No. 01-00759, located in Fayette 
County, Alabama.
    Regulation Affected: 30 CFR 75.507 (Power Connection Points).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of three-phase, alternating 
current, and deep-well non-permissible pumps in boreholes in the mine. 
The petitioner proposes to use non-permissible pumps in boreholes into 
an area of the North River Mine where water has accumulated and not on 
intake air. The petitioner states that: (1) The pump will be equipped 
with sensors to determine high and low water level; (2) pumps in 
inaccessible underground locations will utilize undercurrent shutdown 
protection with redundant electronic pressure transducers that are 
suitable for submersible pump applications; (3) the low water probe 
will be located not less than 30 feet above the pump inlet and motor 
and electrical connections of the pump; (4) the high, low, or level 
water probes will include redundant electronic pressure transducers 
that are suitable for submersible pump control application; (5) all 
probe circuits will be protected by MSHA approved intrinsically safe 
barriers; and (6) the pumps will also be equipped with intrinsically 
safe ultrasonic water level sensors isolated by MSHA approved barriers. 
The petitioner further states that within 60 days of the Proposed 
Decision and Order, proposed revisions of its Part 48 training plan 
will be submitted to the District Manager for the

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area in which the mine is located. Persons may review a complete 
description of petitioner's alternative method and procedures at the 
MSHA address listed in this notice. The petitioner asserts that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection to all miners as would be provided by 
the standard.

Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-7804 Filed 4-11-08; 8:45 am]
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