[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Pages 810-812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33860]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, 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 submitted to the Mine Safety and Health 
Administration (MSHA) by the parties listed below to modify the 
application of existing mandatory safety standards codified 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 February 6, 2012.

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]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: (202) 693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Roslyn B. Fontaine, 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. Individuals who submit comments by 
hand-delivery are required to check in at the receptionist's desk on 
the 21st floor. Individuals may inspect copies of the petitions and 
comments during normal business hours at the address listed above.
    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.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at (202) 693-9447 (Voice), 
[email protected] (email), or (202) 693-9441 (facsimile). [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 of Labor 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-2011-040-C.
    Petitioner: D & F Deep Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Buck Drift 2 Mine, MSHA I.D. No. 36-09963, 15 Motter 
Drive, Pine Grove, Pennsylvania 17963, located in Schuylkill County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1100-2(a)(2) (Quantity and location 
of firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of portable fire extinguishers only 
to replace existing requirements where rock dust, water cars, and other 
water storage equipped with three 10-quart pails is not practical. The 
petitioner states that:
    (1) Equipping its small anthracite mine with two portable fire 
extinguishers near the slope bottom and an additional portable fire 
extinguisher within 500 feet of the working face will provide 
equivalent fire protection.
    (2) Anthracite coal is low in volatile matter and dust is not 
explosive.
    (3) The working section is at or below mine pool elevation with 
frequent pumping required to de-water the work area.
    (4) All up-pitch workings of moderate to steep pitch are accessed 
only through ladders making the carrying of water in pails impractical.
    (5) Electric face equipment is nonexistent in this hand-loading 
anthracite mine and only air-operated equipment is used in or in by the 
last open crosscut.
    (6) The history of underground anthracite mines shows that fires 
occurring in the working faces are

[[Page 811]]

nonexistent in recent years due to improved explosives and low volatile 
matter in anthracite coal.
    (7) This anthracite mine produces far less than the 300 ton per 
shift criteria using the hand-loading method.
    (8) Belt conveyor haulage is not used in this underground mine for 
section/main haulage minimizing fire potential. The petitioner asserts 
that the proposed alternative method will provide no less than the same 
measure of protection afforded the miners under the existing standard.

    Docket Number: M-2011-041-C.
    Petitioner: D & F Deep Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Buck Drift 2 Mine, MSHA I.D. No. 36-09963, 15 Motter 
Drive, Pine Grove, Pennsylvania 17963, located in Schuylkill 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 on mine maps in 
lieu 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 mine workings above and below to those 
present within 100 feet of the vein(s) being mined unless the veins are 
interconnected through rock tunnels to other veins beyond the 100-foot 
limit. 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) The use of cross-sections in lieu of contour lines has been 
practiced since the late 1800s and provides critical information about 
spacing between veins and proximity to other mine workings, which 
fluctuate considerably.
    (3) The vast majority of current underground anthracite mining 
involves either second 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 that may or 
may not be mapped.
    (4) All mapping for mines above and below is researched by the 
petitioner's contract engineer for the presence of interconnecting rock 
tunnels between veins in relation to the Petitioner's mine, and a 
hazard analysis is done when mapping indicates the presence of known or 
potentially flooded workings.
    (5) When no rock tunnel connections are found, mine workings that 
exist beyond 100 feet from the mine are recognized as presenting no 
hazard to the mine due to the pitch of the vein and rock separation.
    (6) Additionally, the mine workings above and below are usually 
inactive and abandoned and, therefore, are not usually subject to 
changes during the life of the mine.
    (7) Where evidence indicates prior mining was conducted on a vein 
above or below and research exhausts the availability of mine mapping, 
the vein will be considered mined and flooded and appropriate 
precautions will be taken through Sec.  75.388, which addresses 
drilling boreholes in advance of mining, where possible.
    (8) Where potential hazards exist and in-mine drilling capabilities 
limit penetration, surface boreholes may be used to intercept the 
workings and the results analyzed prior to beginning mining in the 
affected area.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2011-042-C.
    Petitioner: D & F Deep Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Buck Drift 2 Mine, MSHA I.D. No. 36-09963, 15 Motter 
Drive, Pine Grove, Pennsylvania 17963, located in Schuylkill County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 1202-1(a) (Temporary 
notations, revisions and requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the interval of survey to be established on 
an annual basis from the initial survey in lieu of every 6 months as 
required. The petitioner proposes to continue to update the mine map by 
hand notations on a daily basis and conduct subsequent surveys prior to 
commencing retreat mining, and whenever either a drilling program under 
Sec.  75.388 or plan for mining into accessible areas under Sec.  
75.389 is required. The petitioner states that:
    (1) The low production and slow rate of advance in anthracite 
mining make surveying on 6-month intervals impractical. In most cases 
annual development is frequently limited to less than 500 feet of 
gangway advance with associated up-pitch development.
    (2) The vast majority of small anthracite mines is non-mechanized 
and use hand-loading mining methods.
    (3) Development above the active gangway is designed to mine into 
the level above at designated intervals thereby maintaining sufficient 
control between both surveyed gangways.
    (4) The available engineering/surveyor resources are very limited 
in the anthracite coal fields and surveying on an annual basis is 
difficult to achieve, with four individual contractors currently 
available.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2011-043-C.
    Petitioner: D & F Deep Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Buck Drift 2 Mine, MSHA I.D. No 36-09963, 15 Motter 
Drive, Pine Grove, Pennsylvania 17963, located in Schuylkill County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard for cages, platforms or other devices used to 
transport persons in shafts or slopes in underground coal mines. The 
petitioner seeks to permit the use of a slope conveyance (gunboat) to 
transport persons without installing safety catches or other no less 
effective devices but instead use an increased rope strength/safety 
factor and secondary safety rope connection in place of such devices. 
The petitioner states that:
    (1) The haulage slope of this anthracite mine is typical of those 
in the anthracite region, with a relatively high angle and frequently 
changing pitches.
    (2) A functional safety catch capable of working in slopes with 
knuckles and curves is not commercially available. A makeshift device 
would be activated on or by knuckles or curves when no emergency 
exists. Activation of a safety catch can or will damage the haulage 
system and subject persons being transported to hazards from dislodged 
timbering, roof material, or guide rails, and to being battered about 
within the conveyance.
    (3) A safer alternative is to provide secondary safety connections 
securely fastened around the gunboat and to the hoisting rope above the 
main termination and use a hoisting rope having a safety factor greater 
than that recommended in the American Standards Specifications for the 
Use of Wire Rope in Mines or at least three times greater than the 
strength required under section Sec.  75.1431(a).
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.


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    Dated: December 30, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-33860 Filed 1-05-12; 8:45 am]
BILLING CODE 4510-43-P