[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16640-16641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6918]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Existing Mandatory Safety Standards

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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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 April 25, 2011.

ADDRESSES: You may submit your comments, identified by the petition's 
``docket number'' on the subject line, using any of the following 
methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: April E. Nelson, Acting 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 
22209-3939, Attention: April E. Nelson, Acting 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

[[Page 16641]]

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-2010-040-C.
    Petitioner: Kingston Mining, Inc., Route 1, Box 76-C, Scarbro, West 
Virginia 25917.
    Mine: Kingston No. 1 Mine, MSHA I.D. No. 46-08625, located in 
Fayette 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 deluge-type water spray systems to be used 
without blow-off dust covers on the nozzles. The petitioner states 
that: (1) Weekly inspections and functional tests of its complete 
deluge-type water spray system are currently being conducted at the 
mine; (2) each nozzle is provided with a blow-off dust cover; (3) due 
to 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) it is burdensome to 
recap the large number of covers weekly after each inspection and 
functional test. The petitioner proposes to continue its weekly 
inspection and functional testing of the complete deluge-type water 
spray system at the Kingston No. 1 Mine, and to remove the blow-off 
dust covers from the nozzles. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners as would be provided by the 
existing standard.
    Docket Number: M-2010-041-C.
    Petitioner: Twentymile Coal LLC, Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt 
County, Colorado.
    Regulation Affected: 30 CFR 75.1714-2(b) (Self-rescue devices; use 
and location requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow additional outby storage caches of Self-Contained Self-Rescuers 
(SCSR's) to be stored along normal travelways in lieu of carrying one-
hour SCSR units by pumpers, examiners, and other persons who do not 
have a fixed work location. The petitioner seeks modification of the 
existing standard that requires that self-rescue devices be worn or 
carried at all times by each person when underground. The petitioner 
states that: (1) Twentymile utilizes three entry gateroads for longwall 
mining. (2) Gateroad lengths range from 6,000 feet to 20,000 feet. (3) 
Main entry lengths range from 4,000 feet to 8,500 feet. (4) Mine 
examiners travel (walk) belt line entries three times per day. (5) 
Maximum SCSR cache spacing is 5700 feet along primary and alternate 
escapeways. The petitioner further states that: (a) Additional SCSR 
outby storage caches will be placed a maximum of 2,000 feet apart in 
beltlines and return air courses; (b) these additional SCSR outby 
storage caches will have no less than two units available for pumpers, 
examiners, and other persons who do not have a fixed work location and 
who would be expected to be traveling in the area; (c) pumpers, 
examiners, and other persons who do not have a fixed work location 
traveling along the normal travel routes will at no time be farther 
than 1,000 feet from a one-hour SCSR; (d) all full time personnel are 
issued and wear or carry an Ocenco M-20 SCSR; (e) individuals would 
carry a one-hour SCSR with them along with the Ocenco M-20-SCSR while 
traveling in mantrips or other mobile equipment; and (f) individuals 
traveling in mantrips or other mobile equipment will at no time be 
farther than 1425 feet from additional SCSRs. The petitioner asserts 
that the proposed alternative method will at all times guarantee no 
less than the same measure of protection to all miners as would be 
provided by the standard.
    Docket Number: M-2010-043-C.
    Petitioner: Twentymile Coal LLC, Three Gateway Center, Suite 1340, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt 
County, Colorado.
    Regulation Affected: 30 CFR 75.1714-4(b) (Additional self-contained 
self-rescuers (SCSRs).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow additional mantrip storage caches of Self-Contained Self-Rescuers 
(SCSRs) to be stored along travelways in lieu of additional SCSRs 
carried and stored on mantrips or mobile equipment. The petitioner 
seeks modification of the existing standard that requires additional 
SCSRs on mantrips. The petitioner states that: (1) Twentymile utilizes 
diesel pick-up mantrips and utility vehicles and diesel material 
haulage equipment for underground transportation; (2) Normal mantrip 
travel time to operating sections is less than 1 hour; (3) During the 
winter months, outside temperatures reach 40 degrees below zero 
Fahrenheit for extended periods of time; (4) The manufacturer 
recommends the unit be stored at temperatures above 10 degrees below 
zero Fahrenheit; (5) Because of such temperatures and the storage of 
SCSRs on the mantrips, there is a potential for damage to the SCSRs 
while they are outside the mine; (6) Maximum SCSR cache spacing is 5700 
feet along primary and alternate escapeways; (7) Twentymile propose to 
provide additional SCSRs along travelways in lieu of additional SCSRs 
carried and stored on mantrips or mobile equipment. In that regard, 
Twentymile proposes the following alternative to providing additional 
oxygen along travelways: (a) the petitioner will provide additional 
SCSR mantrip storage caches placed half way between the existing 
escapeway SCSRs required by 30 CFR 75.1502 and 30 CFR 75.1714-4(c); (b) 
these additional SCSR mantrip storage caches will have no less than the 
maximum number of individuals that can be carried by the largest 
capacity personnel carrier; (c) all full time personnel are issued and 
shall wear or carry an Ocenco M-20 SCSR; (d) individuals will carry a 
one-hour SCSR with them along with the Ocenco M-20 SCSR while traveling 
in mantrips or other mobile equipment; (e) individuals traveling in 
mantrips or other mobile equipment will at no time be farther than 1425 
feet from additional SCSRs. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection to all miners as would be provided by the 
standard.

    Dated: March 18, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-6918 Filed 3-23-11; 8:45 am]
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