[Federal Register Volume 74, Number 76 (Wednesday, April 22, 2009)]
[Notices]
[Pages 18406-18408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9168]


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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 22, 2009.

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 2350, 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 2350, 
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, 
Office of Standards, Regulations, and Variances.
    MSHA 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: Barbara Barron, Office of Standards, 
Regulations, and Variances 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 modification.

II. Petitions for Modification

    Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern 
Cambria, Pennsylvania 15714.
    Docket Number: M-2009-001-C.
    Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine, 
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701, 
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D. 
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley 
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania; 
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No. 
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA 
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby 
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine 
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania; 
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County, 
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in 
Cambria County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered non-permissible surveying equipment, 
including, but not limited to, portable battery operated mine transits, 
total station surveying equipment, distance meters, and laptop 
computers in or inby the last open crosscut. The petitioner proposes 
to: (1) Use non-permissible electronic surveying equipment in or inby 
the last open crosscut and examine the equipment prior to use to ensure 
that the equipment is in safe operating condition; (2) have a qualified 
person examine the equipment at intervals not to exceed 7 days and 
record the examination results in the weekly electrical equipment 
examination book. The examination will include: (i) Checking the 
instrument for any

[[Page 18407]]

physical damage and the integrity of the case; (ii) removing the 
battery and inspecting for corrosion; (iii) inspecting the contact 
points to ensure a secure connection to the battery; (iv) reinserting 
the battery and powering up and shutting down to ensure proper 
connections: and (v) checking the battery compartment cover to ensure 
that it is securely fastened. In addition, the operator will also: (1) 
Have a qualified person continuously monitor for methane immediately 
before and during the use of non-permissible surveying equipment in or 
inby the last open crosscut or in the return; (2) eliminate the use of 
non-permissible surveying equipment if methane is detected in 
concentrations at or above 1.0 percent; (3) de-energize the equipment 
immediately and withdraw the equipment further than 150 feet from 
pillar workings when 1.0 percent or more of methane is detected while 
the equipment is in use; (4) eliminate the use of non-permissible 
surveying equipment where float coal dust is in suspension; (5) charge 
or change batteries contained in the surveying equipment in fresh air 
out of the return; (6) provide training to qualified personnel who use 
the surveying equipment to properly recognize the hazards and 
limitations associated with the use of the equipment; (7) put the non-
permissible surveying equipment in service only after MSHA has 
initially inspected the equipment and determined that it is in 
compliance with all of the terms and conditions of this petition; and 
(8) submit proposed revisions for the part 48 training plan to the 
District Manager, which will include specified initial and refresher 
training regarding the terms and conditions stated in the Proposed 
Decision and Order. The petitioner asserts that application of the 
existing standard would result in a diminution of safety to the miners 
and the proposed alternative method would at all times guarantee no 
less than the same measure of protection afforded by the existing 
standard.

    Docket Number: M-2009-002-C.
    Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern 
Cambria, Pennsylvania 15714.
    Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine, 
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701, 
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D. 
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley 
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania; 
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No. 
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA 
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby 
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine 
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania; 
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County, 
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in 
Cambria County, Pennsylvania.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered non-permissible surveying equipment 
in return airways. The petitioner proposes to: (1) Use non-permissible 
electronic surveying equipment in or inby the last open crosscut and 
examine the equipment prior to use to ensure that the equipment is in 
safe operating condition; (2) have a qualified person examine the 
equipment at intervals not to exceed 7 days and record the examination 
results in the weekly electrical equipment examination book. The 
examination will include: (i) Checking the instrument for any physical 
damage and the integrity of the case; (ii) removing the battery and 
inspecting for corrosion; (iii) inspecting the contact points to ensure 
a secure connection to the battery; (iv) reinserting the battery and 
powering up and shutting down to ensure proper connections: and (v) 
checking the battery compartment cover to ensure that it is securely 
fastened. In addition, the operator will also: (1) Have a qualified 
person continuously monitor for methane immediately before and during 
the use of non-permissible surveying equipment in or inby the last open 
crosscut or in the return; (2) eliminate the use of non-permissible 
surveying equipment if methane is detected in concentrations at or 
above 1.0 percent; (3) de-energize the equipment immediately and 
withdraw the equipment further than 150 feet from pillar workings when 
1.0 percent or more of methane is detected while the equipment is in 
use; (4) eliminate the use of non-permissible surveying equipment where 
float coal dust is in suspension; (5) charge or change batteries 
contained in the surveying equipment in fresh air out of the return; 
(6) provide training to qualified personnel who use the surveying 
equipment to properly recognize the hazards and limitations associated 
with the use of the equipment; (7) put the non-permissible surveying 
equipment in service only after MSHA has initially inspected the 
equipment and determined that it is in compliance with all of the terms 
and conditions of this petition; and (8) submit proposed revisions for 
the part 48 training plan to the District Manager, which will include 
specified initial and refresher training regarding the terms and 
conditions stated in the Proposed Decision and Order. The petitioner 
asserts that application of the existing standard would result in a 
diminution of safety to the miners and the proposed alternative method 
would at all times guarantee no less than the same measure of 
protection afforded by the existing standard.
    Docket No: M-2009-003.
    Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern 
Cambria, Pennsylvania 15714.
    Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine, 
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701, 
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D. 
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley 
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania; 
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No. 
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA 
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby 
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine 
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania; 
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County, 
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in 
Cambria County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered non-permissible surveying equipment, 
including, but not limited to, portable battery operated mine transits, 
total station surveying equipment, distance meters, and laptop 
computers within 150 feet of pillar workings. The petitioner proposes 
to: (1) Use non-permissible electronic

[[Page 18408]]

surveying equipment in or inby the last open crosscut and examine the 
equipment prior to use to ensure that the equipment is in safe 
operating condition; (2) have a qualified person examine the equipment 
at intervals not to exceed 7 days and record the examination results in 
the weekly electrical equipment examination book. The examination will 
include: (i) Checking the instrument for any physical damage and the 
integrity of the case; (ii) removing the battery and inspecting for 
corrosion; (iii) inspecting the contact points to ensure a secure 
connection to the battery; (iv) reinserting the battery and powering up 
and shutting down to ensure proper connections: and (v) checking the 
battery compartment cover to ensure that it is securely fastened. In 
addition, the operator will also: (1) Have a qualified person 
continuously monitor for methane immediately before and during the use 
of non-permissible surveying equipment within 150 feet of pillar 
workings; (2) eliminate the use of non-permissible surveying equipment 
if methane is detected in concentrations at or above 1.0 percent; (3) 
de-energize the equipment immediately and withdraw the equipment 
further than 150 feet from pillar workings when 1.0 percent or more of 
methane is detected while the equipment is in use; (4) eliminate the 
use of non-permissible surveying equipment where float coal dust is in 
suspension; (5) charge or change batteries contained in the surveying 
equipment in fresh air outby the last open crosscut; (6) provide 
training to qualified personnel who use the surveying equipment to 
properly recognize the hazards and limitations associated with the use 
of the equipment; (7) put the non-permissible surveying equipment in 
service only after MSHA has initially inspected the equipment and 
determined that it is in compliance with all of the terms and 
conditions of this petition; and (8) submit proposed revisions for the 
part 48 training plan to the District Manager, which will include 
specified initial and refresher training regarding the terms and 
conditions stated in the Proposed Decision and Order. The petitioner 
asserts that application of the existing standard would result in a 
diminution of safety to the miners and the proposed alternative method 
would at all times guarantee no less than the same measure of 
protection afforded by the existing standard.

Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E9-9168 Filed 4-21-09; 8:45 am]
BILLING CODE 4510-43-P