[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67913-67914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30157]


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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 January 20, 2010.

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

    Docket Number: M-2009-020-C.
    Petitioner: Consolidation Coal Company, 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241.
    Mine: Blacksville No. 2 Mine, MSHA I.D. No. 46-01968, located in 
Monongalia County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to vertical Coal Bed Methane (CBM) degasification wells with 
horizontal laterals into the underground coal seam. The petitioner 
proposes to plug vertically drilled CBM degasification wells in order 
to mine through them. The petitioner states that: (1) Prior to the 
anticipated mine through, the borehole will be filled with cementatious 
grout, polyurethane grout, silica gel, flexible gel, or another 
material approved by the District Manager; (2) a packer with a one-way 
check valve, will be installed at a location in the borehole to ensure 
that an appropriate amount of the borehole is filled with the plugging 
material, and any water present in the borehole will be tested for 
chlorides prior to plugging; (3) a directional deviation survey 
completed during the drilling of the borehole will be used to determine 
the location of the borehole within the coal seam; (4) where suitable 
plugging procedures have not yet been developed or are impractical, 
water infusion and ventilation of vertical CBM wells with horizontal 
laterals may be used in lieu of plugging; (5) when mining through a CBM 
degasification well with horizontal laterals, the operator will notify 
the District Manager or designee prior to mining within 300 feet of the 
well, and when a specific plan is developed for mining through each 
well; (6) when using the continuous mining method, drivage sights will 
be installed at the last open crosscut near the place to be mined to 
ensure intersection of the well. The drivage sights will not be more 
than 250 feet from the well. When using the longwall mining method, 
drivage sights will be installed on 10-foot centers, 50 feet in advance 
of the initial anticipated intersection of the well, in both the 
headgate and tailgate entry; (7) firefighting equipment, including fire 
extinguishers, rock dust, and enough

[[Page 67914]]

fire hose to reach the well location on the working face will be 
available near the working place; (8) sufficient supplies of roof 
support and ventilation materials will be available near the working 
place; (9) the quantity of air required by the approved ventilation 
system and methane and dust control plan, will be used to ventilate the 
working face, or the longwall face during the mining through operation; 
(10) equipment will be checked for permissibility and serviced on the 
shift, and the methane monitor on the longwall or continuous mining 
machine will be calibrated on the shift, prior to mining through the 
well; (11) tests for methane will be made with a hand-held methane 
detector when mining is in progress, at least every 10 minutes from the 
time mining with the continuous mining machine is within 30 feet of the 
well until the well is intersected and immediately prior to mining 
through or the resumption of mining after a well is intersected. When 
mining with longwall equipment, the tests for methane will be made at 
least every 10 minutes when the longwall face is within 10 feet of the 
well; (12) when using continuous mining methods, the working place will 
be free from accumulations of coal dust and coal spillages and rock 
dust will be placed on the roof and rib, within 20 feet of the face 
when mining through the well; (13) all equipment will be de-energized 
when the well is intersected and the place will be thoroughly examined 
and determined safe before mining resumes. Any well casing will be 
removed and no open flame will be permitted in the area until adequate 
ventilation has been established around the wellbore; (14) after the 
well has been intersected and the working place determined safe, mining 
will continue inby the well at a sufficient distance to permit adequate 
ventilation around the area of the wellbore; (15) only persons engaged 
in the operation will be permitted in the area of the mining through 
operation, inby the last open crosscut, such as company personnel, 
representatives of miners, MSHA personnel and personnel from the 
appropriate State agency. The mining through operation will be under 
the direct supervision of a certified official and only the certified 
official will issue instructions concerning the mining through 
operation; and (16) for the safety of the miners, MSHA personnel may 
interrupt or halt the mining through operation when necessary. Persons 
may review a complete description of the 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 at the Blacksville No. 2 Mine as would be provided by the 
existing standard.
    Docket Number: M-2009-022-C.
    Petitioner: RFI Energy, Inc., 4740 Corridor Place, Suite D, 
Beltsville, Maryland.
    Mine: RFI Strip & Tipple, MSHA I.D. No. 36-08763, located in 
Clarion County, Pennsylvania.
    Regulation Affected: 30 CFR 77.1301(f) (Explosives and blasting).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit its explosives storage magazines to be 
maintained off-site in their current location, closer than 25 feet to 
each other, provided that the total contents of both magazines do not 
exceed the maximum weight for explosives set forth in the US Bureau of 
Alcohol, Tobacco & Firearms (BATF) Table of Distances. The petitioner 
states that: (1) The current configuration was previously approved by 
the BATF and is consistent with the terms of the permit issued to RFI 
Energy for these magazines by the State of Pennsylvania; (2) to 
reconfigure the magazines and move one magazine outside the existing 
enclosed structure would impose prohibitive expense without any 
commensurate safety improvements, and would place RFI Energy in 
violation of its existing BATF and Pennsylvania permits for explosives 
storage; (3) it would be unduly burdensome to relocate the magazines 
because of the requirements RFI Energy must meet to conform to BATF, 
and Pennsylvania Department of Homeland Security, as well as MSHA's 
acceptance of this storage practice during previous inspections 
conducted by the Agency on behalf of BATF; and (4) in light of the 
small amounts of explosives regularly stored in the magazines, the lack 
of the magazines' proximity to roadways, housing, or human traffic, 
full compliance with a Federal agency (BATF) that has primary 
jurisdiction over explosives storage requirements, and the rules 
promulgated and permits granted to RFI Energy by the Pennsylvania 
Department of Homeland Security for explosives storage, RFI Energy 
should not be required to expend prodigious amounts of money, time, or 
physical effort and to violate its existing explosives permits in order 
to comply with MSHA's explosives storage regulations which, according 
to the most recent MSHA semi-annual regulatory agenda are slated for 
revision to harmonize more appropriately with those regulations of the 
BATF. The petitioner further states that the alternative method 
provides equivalent or superior safety to the application of the 
standard, is already in compliance with BATF and the Pennsylvania 
Department of Homeland Security, and MSHA has acknowledged in the 
pending citation that it is unlikely that any injuries would occur 
given the current scenario.

    Dated: December 15, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-30157 Filed 12-18-09; 8:45 am]
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