[Federal Register Volume 73, Number 119 (Thursday, June 19, 2008)]
[Notices]
[Pages 34962-34964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13813]


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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 July 21, 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

[[Page 34963]]

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-2008-025-C.
    Petitioner: ICG Beckley, LLC, P.O. Box 49, Eccles, West Virginia 
25836.
    Mine: Beckley Pocahontas Mine, MSHA I.D. No. 46-05252, located in 
Raleigh 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 blow-off dust covers to be eliminated for 
nozzles on deluge-type water spray systems. The petitioner states that: 
(1) Functional tests as required under 30 CFR 75.1101-1 will be done 
weekly instead of annually; (2) functional tests are currently being 
done weekly and although more than adequate pressure and flow rates are 
maintained for the deluge system, in some tests the dust covers do not 
come off all sprays; (3) by doing the functional tests weekly, all 
sprays can be inspected and maintained on a weekly basis; and (4) the 
dust covers provide protection for sprays which are tested yearly and 
by testing weekly, the covers are not necessary. The petitioner asserts 
that the proposed alternative method will provide no less than the same 
measure of protection than would be provided under the existing 
standard.

    Docket Number: M-2008-026-C.
    Petitioner: Hardway Coal Company, Inc., 44 Keystroke Lane, 
Schuylkill Haven, Pennsylvania 17972.
    Mine: Serill Mine, MSHA I.D. No. 36-07730, located in Schuylkill 
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 1800's 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, and 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-2008-027-C.
    Petitioner: Black Diamond Mining, Inc., P.O. Box 139, Elysburg, 
Pennsylvania 17824.
    Mine: Sioux Bank Operation, MSHA I.D. No. 36-08822, 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 1800's 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, and 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-2008-028-C.
    Petitioner: Premium Fine Coal, Inc., P.O. Box 2043, Hazleton, 
Pennsylvania 18201.
    Mine: Schuylkill Twp. Strip Operation, MSHA I.D. No. 36-08681, 
located in Schuylkill 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 1800's 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, and 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-2008-029-C.
    Petitioner: Rossi Excavating Company, 9 West 15th Street, Hazelton, 
Pennsylvania 18201.
    Mine: Coleraine Operation, MSHA I.D. No. 36-09176, located in 
Carbon 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

[[Page 34964]]

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 1800's 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, and 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-2008-030-C.
    Petitioner: Park Mine Coal Company, 294 Pine Creek Drive, 
Orwigsburg, Pennsylvania 17961.
    Mine: Park Mine, MSHA I.D. No. 36-09304, located in Schuylkill 
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 1800's 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, and 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.

Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-13813 Filed 6-18-08; 8:45 am]
BILLING CODE 4510-43-P