[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Notices]
[Pages 31147-31149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12035]


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

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 June 30, 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-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-2008-020-C.
    Petitioner: Rockhouse Creek Development, LLC, P.O. Box 1389, 
Gilbert, West Virginia 25621.
    Mine: No. 2 Mine, MSHA I.D. No. 46-08636, No. 6 Mine, MSHA I.D. No. 
46-08268, and No. 9 Mine, MSHA I.D. No. 46-08976 located in Logan 
County, West Virginia; and No. 3 Mine, MSHA I.D. No. 46-08778 and No. 8 
Mine, MSHA I.D. No. 46-09018 located in Mingo County, West Virginia.
    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 remove blow-off dust covers from the nozzles and 
continue weekly inspections and functional testing of the complete 
deluge-type water spray system. The petitioner states that: (1) Its 
water spray system consists of an average of thirty sprays along each 
of approximately ten primary belt-conveyor drives and an average of 
sixty sprays along each of eight secondary drives; (2) currently each 
nozzle is provided with a blow-off dust cover; (3) in view of the 
frequent inspections and functional testing of the system, the dust 
covers are not necessary because the nozzles can be maintained in an 
unclogged condition through weekly use; and (4) to recap the large 
number of covers on a weekly basis after each inspection and functional 
test is burdensome. The petitioner asserts that the proposed 
alternative method at all times guarantee no less than the same measure 
of protection afforded the miners than that under the existing 
standard.
    Docket Number: M-2008-021-C.
    Petitioner: TJS Mining Company, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: Rossmoyne 1 Mine MSHA I.D. No. 36-09075, located in 
Armstrong County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(b), (c), and (d) (Permissible 
electric equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of low-voltage or battery-powered 
non-permissible equipment in or inby the last open crosscut under 
controlled conditions, for testing and diagnosing the mining equipment, 
for advancing surveyor sites in the working sections, and for final 
surveying in the return areas of the mine. The petitioner states that: 
(1) The use of non-permissible low-voltage or battery-powered equipment 
will be limited to: laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices and recorders, insulation testers, battery operated 
drills, electronic transits, insulation testers (meggers), voltage, 
current and power measurement devices and recorders, pressure flow 
measurement devices, signal analyzer devices, ultrasonic thickness 
gauges, electronic component testers, digital cameras, and electronic 
tachometers; (2) other testing and diagnostic equipment may be used if 
approved in advance by MSHA's District Office; (3) non-permissible 
electronic testing and diagnostic equipment will be used only when 
equivalent permissible equipment is not available; (4) all other test 
and diagnostic equipment used within 150 feet of pillar workings will 
be permissible; (5) all non-permissible electronic testing and 
diagnostic equipment used in or inby the last open

[[Page 31148]]

crosscut, in return area, or within 150 feet of pillar workings or 
longwall face, will be examined by a qualified person prior to use, to 
insure that the equipment is being maintained in a safe operating 
condition; (6) results of the examination will be recorded in the 
weekly examination book and made available to an authorized 
representative of the Secretary and to the miners at the mine; (7) a 
qualified person will continuously monitor for methane immediately 
before and during the use of non-permissible electronic test and 
diagnostic equipment in or inby the last open crosscut, in return 
areas, or within 150 feet of pillar workings or longwall face; (8) if 
methane at or above 1.0 percent is detected, non-permissible electronic 
testing and diagnostic equipment will not be used; (9) if methane is 
detected while non-permissible electronic equipment is in use, the 
equipment will be de-energized immediately and will be withdrawn outby 
the last open crosscut or to a minimum of 150 feet outby pillar 
workings or longwall face; and (10) all hand-held methane detectors 
will be MSHA approved and maintained in permissible and proper 
operating condition as defined in 30 CFR 75.320. The petitioner further 
states that qualified personnel engaged in the use of electronic test 
and diagnostic equipment will be properly trained to recognize the 
hazards and limitations associated with the use of the equipment. 
Persons may review a complete description of petitioner's alternative 
method and procedures at the MSHA address listed in the notice. 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 with no diminution of safety to the miners.
    Docket Number: M-2008-022-C.
    Petitioner: TJS Mining Company, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: Darmac 2 Mine, MSHA I.D. No. 36-08135, located in 
Armstrong County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(b), (c), and (d) (Permissible 
electric equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of low-voltage or battery-powered 
non-permissible equipment in or inby the last open crosscut under 
controlled conditions, for testing and diagnosing the mining equipment, 
for advancing surveyor sites in the working sections, and for final 
surveying in the return areas of the mine. The petitioner states that: 
(1) The use of non-permissible low-voltage or battery-powered equipment 
will be limited to: laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices and recorders, insulation testers, battery operated 
drills, electronic transits, insulation testers (meggers), voltage, 
current and power measurement devices and recorders, pressure flow 
measurement devices, signal analyzer devices, ultrasonic thickness 
gauges, electronic component testers, digital cameras, and electronic 
tachometers; (2) other testing and diagnostic equipment may be used if 
approved in advance by MSHA's District Office; (3) non-permissible 
electronic testing and diagnostic equipment will be used only when 
equivalent permissible equipment is not available; (4) all other test 
and diagnostic equipment used within 150 feet of pillar workings will 
be permissible; (5) all non-permissible electronic testing and 
diagnostic equipment used in or inby the last open crosscut, in return 
area, or within 150 feet of pillar workings or longwall face, will be 
examined by a qualified person prior to use, to insure that the 
equipment is being maintained in a safe operating condition; (6) 
results of the examination will be recorded in the weekly examination 
book and made available to an authorized representative of the 
Secretary and to the miners at the mine; (7) a qualified person will 
continuously monitor for methane immediately before and during the use 
of non-permissible electronic test and diagnostic equipment in or inby 
the last open crosscut, in return areas, or within 150 feet of pillar 
workings or longwall face; (8) if methane at or above 1.0 percent is 
detected, non-permissible electronic testing and diagnostic equipment 
will not be used; (9) if methane is detected while non-permissible 
electronic equipment is in use, the equipment will be de-energized 
immediately and will be withdrawn outby the last open crosscut or to a 
minimum of 150 feet outby pillar workings or longwall face; and (10) 
all hand-held methane detectors will be MSHA approved and maintained in 
permissible and proper operating condition as defined in 30 CFR 75.320. 
The petitioner further states that qualified personnel engaged in the 
use of electronic test and diagnostic equipment will be properly 
trained to recognize the hazards and limitations associated with the 
use of the equipment. Persons may review a complete description of 
petitioner's alternative method and procedures at the MSHA address 
listed in the notice. 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 with no 
diminution of safety to the miners.
    Docket Number: M-2008-023-C.
    Petitioner: TJS Mining Company, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: TJS 5 Mine, MSHA I.D. No. 35-09159, located in 
Armstrong County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(b), (c), and (d) (Permissible 
electric equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of low-voltage or battery-powered 
non-permissible equipment in or inby the last open crosscut under 
controlled conditions, for testing and diagnosing the mining equipment, 
for advancing surveyor sites in the working sections, and for final 
surveying in the return areas of the mine. The petitioner states that: 
(1) The use of non-permissible low-voltage or battery-powered equipment 
will be limited to: laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices and recorders, insulation testers, battery operated 
drills, electronic transits, insulation testers (meggers), voltage, 
current and power measurement devices and recorders, pressure flow 
measurement devices, signal analyzer devices, ultrasonic thickness 
gauges, electronic component testers, digital cameras, and electronic 
tachometers; (2) other testing and diagnostic equipment may be used if 
approved in advance by MSHA's District Office; (3) non-permissible 
electronic testing and diagnostic equipment will be used only when 
equivalent permissible equipment is not available; (4) all other test 
and diagnostic equipment used within 150 feet of pillar workings will 
be permissible; (5) all non-permissible electronic testing and 
diagnostic equipment used in or inby the last open crosscut, in return 
area, or within 150 feet of pillar workings or longwall face, will be 
examined by a qualified person prior to use, to insure that the 
equipment is being maintained in a safe operating condition; (6) 
results of the examination will be recorded in the weekly examination 
book and made available to an authorized representative of the 
Secretary and to the miners at the mine; (7) a qualified person will 
continuously monitor for methane

[[Page 31149]]

immediately before and during the use of non-permissible electronic 
test and diagnostic equipment in or inby the last open crosscut, in 
return areas, or within 150 feet of pillar workings or longwall face; 
(8) if methane at or above 1.0 percent is detected, non-permissible 
electronic testing and diagnostic equipment will not be used; (9) if 
methane is detected while non-permissible electronic equipment is in 
use, the equipment will be de-energized immediately and will be 
withdrawn outby the last open crosscut or to a minimum of 150 feet 
outby pillar workings or longwall face; and (10) all hand-held methane 
detectors will be MSHA approved and maintained in permissible and 
proper operating condition as defined in 30 CFR 75.320. The petitioner 
further states that qualified personnel engaged in the use of 
electronic test and diagnostic equipment will be properly trained to 
recognize the hazards and limitations associated with the use of the 
equipment. Persons may review a complete description of petitioner's 
alternative method and procedures at the MSHA address listed in the 
notice. 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 with no diminution of safety to 
the miners.
    Docket Number: M-2008-024-C.
    Petitioner: TJS Mining Company, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: TJS 6 Mine, MSHA I.D. No. 35-09464, located in 
Armstrong County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(b), (c), and (d) (Permissible 
electric equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of low-voltage or battery-powered 
non-permissible equipment in or inby the last open crosscut under 
controlled conditions, for testing and diagnosing the mining equipment, 
for advancing surveyor sites in the working sections, and for final 
surveying in the return areas of the mine. The petitioner states that: 
(1) The use of non-permissible low-voltage or battery-powered equipment 
will be limited to: laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature probes, infrared 
temperature devices and recorders, insulation testers, battery operated 
drills, electronic transits, insulation testers (meggers), voltage, 
current and power measurement devices and recorders, pressure flow 
measurement devices, signal analyzer devices, ultrasonic thickness 
gauges, electronic component testers, digital cameras, and electronic 
tachometers; (2) other testing and diagnostic equipment may be used if 
approved in advance by MSHA's District Office; (3) non-permissible 
electronic testing and diagnostic equipment will be used only when 
equivalent permissible equipment is not available; (4) all other test 
and diagnostic equipment used within 150 feet of pillar workings will 
be permissible; (5) all non-permissible electronic testing and 
diagnostic equipment used in or inby the last open crosscut, in return 
area, or within 150 feet of pillar workings or longwall face, will be 
examined by a qualified person prior to use, to insure that the 
equipment is being maintained in a safe operating condition; (6) 
results of the examination will be recorded in the weekly examination 
book and made available to an authorized representative of the 
Secretary and to the miners at the mine; (7) a qualified person will 
continuously monitor for methane immediately before and during the use 
of non-permissible electronic test and diagnostic equipment in or inby 
the last open crosscut, in return areas, or within 150 feet of pillar 
workings or longwall face; (8) if methane at or above 1.0 percent is 
detected, non-permissible electronic testing and diagnostic equipment 
will not be used; (9) if methane is detected while non-permissible 
electronic equipment is in use, the equipment will be de-energized 
immediately and will be withdrawn outby the last open crosscut or to a 
minimum of 150 feet outby pillar workings or longwall face; and (10) 
all hand-held methane detectors will be MSHA approved and maintained in 
permissible and proper operating condition as defined in 30 CFR 75.320. 
The petitioner further states that qualified personnel engaged in the 
use of electronic test and diagnostic equipment will be properly 
trained to recognize the hazards and limitations associated with the 
use of the equipment. Persons may review a complete description of 
petitioner's alternative method and procedures at the MSHA address 
listed in the notice. 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 with no 
diminution of safety to the miners.

Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-12035 Filed 5-29-08; 8:45 am]
BILLING CODE 4510-43-P