[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34369-34371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16740]


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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 August 14, 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 Sec. Sec.  44.10 and 44.11 establish the 
requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2009-015-C.
    Petitioner: UtahAmerican Energy, Inc., P.O. Box 910, East Carbon, 
Utah 84520.
    Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Emery 
County, Utah.
    Regulation Affected: 30 CFR 75.350(a) (Belt air course 
ventilation).
    Modification Request: The petitioner requests site specific relief 
from application of the existing standard to permit the use of return 
air in the belt air course. The petitioner states that: (a) Relief from 
the standard will only be in effect during the underground development 
process, to establish a ventilation breakout to the surface; and (b) 
relief from the standard will only be applicable to the underground 
``Rock Slope'' area and will terminate upon establishing the 
ventilation breakout in the coal seam to the surface. The petitioner 
proposes to: (1) Install an atmospheric monitoring system (AMS) 
incorporating diesel discriminating (carbon monoxide and nitric oxide) 
sensors for early warning fire detection in the primary escapeway 
(intake) entry and the belt entry; (2) have the air in the monitoring 
entry(s) at a velocity of at least 50 feet per minute and have definite 
and distinct movement in the designated direction. The velocity 
measurements will be determined at locations in the entry which are 
representative of the cross-sectional areas found through the entry and 
not at locations where the entry is abnormally high (e.g. belt drives) 
or low (e.g. under overcasts); (3) determine the correct carbon 
monoxide ambient, alert, and alarm levels upon implementation of this 
site specific petition with the carbon monoxide ambient level at 5

[[Page 34370]]

ppm, and the alert and alarm levels at 10 ppm and 15 ppm respectively 
above the ambient ; (4) incorporate time delays in the AMS, when a 
demonstrated need exists, to account for non-fire related carbon 
monoxide alert and alarm sensor signals; with time delays limited to 
three minutes. The length of any time delays or other techniques or 
methods that eliminate or reduce the need for time delays will be 
specified and approved in the mine ventilation plan; (5) the AMS will 
activate an alarm signal if the total concentration on uncorrected 
carbon monoxide measured by any sensor exceeds or is equal to 50 ppm. 
The concentration will represent all the carbon monoxide present in the 
sensor's atmosphere which includes carbon monoxide from diesel engines; 
(6) the methane monitoring system will be capable of providing both 
audible and visual signals on both the working section and at a manned 
location on the surface of the mine where personnel will be on duty at 
all times when miners are underground. When the methane level is 1.0 
volume per centum, the monitoring system will initiate alarm signals; 
(7) design and install the methane monitoring system to de-energize the 
belt conveyor drive units when the methane level is 1.0 volume per 
centum. A trained person at the surface location will have two-way 
communication with the working section; (8) an AMS will be operating 
and a designated AMS operator will be on duty at a location on the 
surface of the mine where audible and visual signals from the AMS will 
be seen or heard and the AMS operator can promptly respond to these 
signals, whenever personnel are underground; (9) provide visual and 
audible signals at the designated surface location for any interruption 
of circuit continuity and any electrical malfunction of the system and 
have the signals at a sufficient magnitude to be seen or heard by the 
AMS operator; (10) provide sensors to detect carbon monoxide, nitric 
oxide, or methane that will be visually examined at least once each 
shift when belts are operated as part of a production shift; and (11) 
when a malfunction, alert, or alarm signal is received at the 
designated surface, the sensor(s) that are activated will be identified 
and the AMS operator will promptly notify appropriate personnel, 
including the ``responsible person(s)'' as referenced in 30 CFR 75.1501 
on the affected working section(s) and in the affected areas where 
mechanized mining equipment is being installed or removed. In addition, 
an immediate investigation of the cause of the signal shall begin and 
the required actions set forth in this site specific petition will be 
taken. Persons may review a complete description of the petitioner's 
alternative 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 afforded 
the miners by the existing standard.

    Docket Number: M-2009-016-C.
    Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149, 
Friedens, Pennsylvania 15541.
    Mine: Augustus Mine, MSHA I.D. No. 36-08636; Geronimo Mine, MSHA 
I.D. No. 36-08645; Horning Mine, MSHA I.D. No. 36-09666; Kimberly Run 
Mine, MSHA I.D. No. 36-09549; Miller Mine, MSHA I.D. No. 36-08622; 
Quecreek 1 Mine, MSHA I.D. No. 36-08746; Roytown Mine, MSHA 
I.D. No. 36-09260, all located in Somerset 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 the use of battery-powered non-permissible 
surveying equipment in or inby the last crosscut. The petitioner states 
that: (1) All non-permissible electronic surveying equipment used in or 
inby the last open crosscut will be examined prior to use to ensure the 
equipment is being maintained in a safe operating condition; (2) the 
equipment will be examined by a qualified person at intervals not to 
exceed 7 days; (3) results of the examinations will be recorded in the 
weekly examination electrical equipment book. The examinations 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; (4) a 
qualified person will 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; (5) non-permissible 
surveying equipment will not be used if methane is detected in 
concentrations at or above 1.0 percent methane; (6) when 1.0 percent or 
more of methane is detected while the equipment is being used, the 
equipment will be de-energized immediately and will be withdrawn outby 
the last open crosscut; (7) non-permissible surveying equipment will 
not be used where float coal dust is in suspension; (8) batteries 
contained in the surveying equipment will be changed out or charged in 
fresh air outby the last open crosscut; (9) qualified personnel engaged 
in the use of surveying equipment will be properly trained to recognize 
the hazards and limitations associated with the use of surveying 
equipment. The equipment will not be put into service initially until 
MSHA has inspected the equipment and determined that it is in 
compliance with all of the above terms and conditions; and (10) within 
60 days after the Proposed Decision and Order becomes final, the 
petitioner will submit to the District Manager proposed revisions for 
its part 48 training plan. The training plan will specify initial and 
refresher training. The petitioner asserts that application of the 
existing standard will result in a diminution of safety to the miners 
and the proposed alternative method will at all times guarantee no less 
than the same measure of protection afforded the miners by the 
standard.

    Docket Number: M-2009-017-C.
    Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149, 
Friedens, Pennsylvania 15541.
    Mine: Augustus Mine, MSHA I.D. No. 36-08636; Geronimo Mine, MSHA 
I.D. No. 36-08645; Horning Mine, MSHA I.D. No. 36-09666; Kimberly Run 
Mine, MSHA I.D. No. 36-09549; Miller Mine, MSHA I.D. No. 36-08622; 
Quecreek 1 Mine, MSHA I.D. No. 36-08746; Roytown Mine, MSHA 
I.D. No. 36-09260, all located in Somerset 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 equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered non-permissible 
surveying equipment in return airways, including, but no limited to 
portable battery operated mine transits, total station surveying 
equipment, distance meters, and lap top computers. The petitioner 
states that: (1) All non-permissible electronic surveying equipment 
used in or inby the last open crosscut will be examined prior to use to 
ensure the equipment is being maintained in a safe operating condition; 
(2) the equipment will be examined by a qualified person at intervals 
not to exceed 7 days; (3) results of the examinations will be recorded 
in the weekly examination electrical equipment book. The examinations 
will include: (i) Checking

[[Page 34371]]

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; (4) a qualified person 
will 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; (5) non-permissible surveying equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent methane; (6) when 1.0 percent or more of methane is detected 
while the equipment is being used, the equipment will be de-energized 
immediately and will be withdrawn out of the return; (7) non-
permissible surveying equipment will not be sued where float coal dust 
is in suspension; (8) batteries contained in the surveying equipment 
will be changed out or charged in fresh air out of the return; (9) 
qualified personnel engaged in the use of surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of surveying equipment. The equipment will not be put into 
service initially until MSHA has inspected the equipment and determined 
that it is in compliance with all of the above terms and conditions; 
and (10) within 60 days after the Proposed Decision and Order becomes 
final, the petitioner will submit to the District Manager proposed 
revisions for its part 48 training plan. The training plan will specify 
initial and refresher training. The petitioner asserts that application 
of the existing standard will result in a diminution of safety to the 
miners and the proposed alternative method will at all times guarantee 
no less than the same measure of protection afforded the miners by the 
standard.

    Docket Number: M-2009-018-C.
    Petitioner: R & K Coal Company, Inc., 642 Suedberg Road, Pine 
Grove, Pennsylvania 17963.
    Mine: No. 1 Slope Mine, MSHA I.D. No. 36-09138, located in Daupin 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of cross-sections instead of 
contour lines through the intake slope at locations of rock tunnel 
connections between veins, and at 1,000-foot intervals of advance from 
the intake slope. In addition, the petitioner proposes to limit the 
required mapping of the mine workings above and below to those present 
within 100 feet of the veins being mined, except when these veins are 
interconnected to other veins beyond the 100-foot limit, through rock 
tunnels. The petitioner states that: (1) Contour lines provide no 
useful information due to the steep pitch encountered in mining 
anthracite coal veins, 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 and provide critical information 
about the spacing between veins and the proximity to other mine 
workings, which fluctuate considerably; (3) the mine workings above and 
below are usually inactive and abandoned, and therefore not subject to 
changes during the life of the mine; (4) all mapping for mines above 
and below is researched by petitioner's contract engineer for the 
presence of interconnecting rock tunnels between veins in relation to 
the mine; and (5) a hazard analysis is done when mapping indicates that 
prior mining was conducted on a vein above or below. When research 
exhausts the availability of mine mapping, the vein will be considered 
to be mined and flooded and appropriate precautions will be taken under 
30 CFR 75.388, where possible. The petitioner further states that where 
potential hazards exist and in-mine drilling capabilities limit 
penetration, surface boreholes will be drilled to intercept the mine 
workings and results will be analyzed prior to mining in the affected 
area. The petitioner asserts that the proposed alternative method will 
provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2009-019-C.
    Petitioner: Sidney Coal Co., Inc., d/b/a Process Energy Mining 
Coo., 115 North Big Creek Road, P.O. Box 299, Sidney, Kentucky 41564.
    Mine: Mine No. 1, MSHA I.D. No. 15-19097, located in Pike County, 
Kentucky.
    Regulation Affected: 30 CFR 75.380(d)(3) (Escapeways; bituminous 
and lignite mines).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit a primary escapeway over an overcast for 
the limited distance of 24 feet. The petitioner proposes to have a 
minimum of 36 inches of clearance above the location of the overcast 
instead of the minimum of 51\1/2\ inches. The areas of the primary 
escapeway leading up to and away from the proposed overcast will have a 
minimum height of 6 feet. Ramps will be provided on the inby and outby 
sides of the overcast to provide easy access to the top of the 
overcast. A wheeled dolly, suitable to place a stretcher carrying a 
disabled miner, will be located on top of the overcast at all times. 
The dolly will be used to transport a disabled miner from the inby side 
of the top of the overcast to the outby side of the top of the 
overcast, a distance of approximately 24 feet, which leads to the 
mechanically operated escape capsule. 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 the standard.

    Docket Number: M-2009-004-M.
    Petitioner: Arch Materials, LLC, 4438 State Route 276, Batavia, 
Ohio 45103.
    Mine: Batavia Mine, MSHA I.D. No. 33-04578, located in Clermont 
County, Ohio.
    Regulation Affected: 30 CFR 49.2(c) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the services of Central Kentucky Mine 
Rescue Team (CKMRT) as the mine rescue provider for the Batavia Mine. 
The petitioner states that: (1) The CKMRT, also known as Eastwood Fire 
District Fire Fighting and Rescue Team is located in Eastwood, Kentucky 
within the required travel distance proposed by MSHA; (2) the rescue 
team consists of professional firefighters, and several career miners, 
who have had experience in underground mines; (3) the rescue team has 
extensive mine training in accordance with 30 CFR 49.8, not limited to, 
firefighting, evacuation, and rescue; and (4) the team is on duty 24 
hours per day, seven days per week, and will be able to provide 
immediate response to any mine emergency. The petitioner further states 
that the Central Kentucky Mine Rescue Team has worked closely with the 
Arch Materials, LLC, and are prepared for the conditions of the Batavia 
Mine. The team has traveled to the Batavia Mine and observed the mine 
facility and operations. The petitioner asserts that the proposed 
alternative method will not reduce the safety of the miners at the 
Batavia Mine, but will increase the safety of the miners, and that the 
proposed alternative method is adequate and will properly cover Batavia 
Mine in the event of an emergency.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
 [FR Doc. E9-16740 Filed 7-14-09; 8:45 am]
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