[Federal Register: May 31, 2007 (Volume 72, Number 104)]
[Notices]
[Page 30395-30397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my07-98]
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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: Comments on the petitions must be received by the Office of
Standards, Regulations, and Variances on or before July 2, 2007.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. E-Mail: Standards-Petitions@dol.gov.
2. Telefax: 1-202-693-9441.
3. Hand-Delivery or Regular Mail: Submit comments to the Mine
Safety and Health Administration (MSHA), Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2349,
Arlington, Virginia 22209,
[[Page 30396]]
Attention: Patricia W. Silvey, Director, Office of Standards,
Regulations, and Variances.
We 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 sign-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: Edward Sexauer, Chief, Regulatory
Development Division at 202-693-9444 (Voice), sexauer.edward@dol.gov
(E-mail), or 202-693-9441 (Telefax), or contact Barbara Barron at 202-
693-9447 (Voice), barron.barbara@dol.gov (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 modifications.
II. Petitions for Modification
Docket Number: M-2007-018-C.
Petitioner: TJS Mining Company, Inc.
Mine: Darmac 2 Mine, (MSHA I.D. No. 36-08135), located in
Armstrong County, Pennsylvania.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables
and cords).
Modification Request: The petitioner requests a modification of the
existing standard to increase the cable length of cables supplying
power to two (2) Fletcher Roof Ranger II Roof Bolters. The petitioner
states that: (1) The utilization voltage for these machines is 480
volts, three-phase alternating current and the maximum length of the
480-volt trailing cables will be 950 feet; (2) the trailing cables for
the 480-volt Fletcher Roof Ranger II Roof Bolters will not be smaller
than No. 2 A.W.G. cable; (3) all circuit breakers used to protect the
No. 2 A.W.G. trailing cables exceeding 700 feet in length will have
instantaneous trip units calibrated to trip at 500 amperes and the trip
setting of the circuit breakers will be sealed to ensure that the
settings cannot be changed; (4) these breakers will have permanent
legible labels identifying the circuit breakers as being suitable for
protecting the No. 2 A.W.G cables; (5) replacement circuit breakers
and/or instantaneous trip units used to protect the No. 2 A.W.G.
trailing cables will be calibrated to trip at 500 amperes and the
setting will be sealed; and (6) all components that provide short-
circuit protection will have a sufficient interruption rating in
accordance with the maximum calculated fault currents available. The
petitioner also asserts that the cables and circuit breakers will be
inspected each production day and warning labels will be installed on
the load center to identify each short-circuit protective device. The
petitioner states that the alternative method will not be implemented
until training has been provided to all miners who are designated to
operate the Roof Ranger II, and to person(s) designated to examine the
trailing cables or trip settings on the circuit breakers. The
petitioner further states that the miners will be trained in the terms
and conditions of the Proposed Decision and Order, and within 60 days
the petitioner will submit revisions of its Part 48 training plan to
the District Manager that includes task training to comply with the
final order. The petitioner asserts that the proposed alternative
method will at times guarantee no less than the same measure of
protection afforded the miners by such standard with no diminution of
safety to the miners. The petitioner has listed additional procedures
in this petition that will be used when the proposed alternative method
is implemented. Persons may review a complete description of the
procedures and training requirements at the MSHA address listed in this
notice.
Docket Number: M-2007-019-C.
Petitioner: Little Buck Coal Company, 57 Lincoln Road, Pine Grove,
Pennsylvania 17963.
Mine: Bottom Split Slope, (MSHA I.D. No. 36-09491), located in
Schuylkill County, Pennsylvania.
Regulation Affected: 30 CFR 75.335 (Construction of seals).
Modification Request: The petitioner proposes to: (1) Construct
alternative seals from wooden materials of moderate size and weight;
(2) design the seals in the 10 psi range; and (3) install the seals in
pairs, which require water traps to be installed in the gangway seal
(lowest elevation) and sampling tube in the monkey seal (higher
elevation). In addition, petitioner asserts that concrete block and
mortar construction for openings parallel to the pitching vein would be
almost impossible to construct and would be subject to fail because of
its weight and would expose miners to safety hazards during transport.
The petitioner cites non-explosibility of anthracite coal dust and
minimal potential for either an accumulation of methane in previously
mined pitching veins or an ignition source in the gob area, as
justification for the proposed 10 psi design. The petitioner asserts
that the proposed alternative method would provide at least the same
measure of protection as the existing standard.
Docket Number: M-2007-020-C.
Petitioner: Energy West Mining Company, P.O. Box 310, Huntington,
Utah 84528.
Mine: Deer Creek Mine, (MSHA I.D. No. 42-00212), located in Emery
County, Utah.
Regulation Affected: 30 CFR 75.350 (Air courses and belt haulage
entries).
Modification Request: The petitioner requests an amendment to the
proposed decision and order (PDO) for its previously granted petition
for modification, docket number M-2002-012-C to: (1) Remove section
IV(c) and section IV(d) regarding heavy duty diesel-powered equipment
and replace these sections with language described in this amended
petition; (2) to remove language addressing refueling of diesel
equipment in a two entry in section IV(e) of the PDO, and replace it
with language described in the amended petition. Persons may review the
amended petition at the MSHA address listed in this notice.
Docket Number: M-2007-021-C.
Petitioner: Black Beauty Coal Company, P.O. Box 347, Francisco,
Indiana 47649.
Mine: Francisco Underground Pit, (MSHA I.D. No. 12-02295), located
in Gibson County, Indiana.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner proposes to operate the Getman
Road Builder, RDG-1504S, Serial Number 6925, without front brakes as it
was originally designed. The petitioner states that: (1) The Road
Builder has dual brake systems on the four (4) rear wheels and is
designed to prevent a loss of braking due to a single component
failure; (2) the operators will be trained
[[Page 30397]]
to recognize appropriate speeds for different road conditions and
slopes, and to lower the grader blade to provide additional stopping
capability; and (3) the safety of the miners will not be compromised.
The petitioner asserts that the alternative braking method will provide
the necessary safety for the workforce as is required in 30 CFR
75.1909(b)(6).
Docket Number: M-2007-005-M.
Petitioner: Oldcastle Industrial Minerals, 550 S. Biesecker Road,
Thomasville, Pennsylvania.
Mine: Thomasville Mine, (MSHA I.D. No. 36-03432), located in York
County, Pennsylvania.
Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of compressed air cylinders and
bottled water instead of using compressed air and water lines to
underground refuge chambers. The petitioner states that: (1) The
Thomasville Mine is a high purity, non-gas liberating limestone mine
where multiple geologic deformation phases have occurred which has led
to the utilization of multiple mining techniques on many different
working levels within multiple underground and surface mine operations;
(2) the refuge chamber will contain enough compressed air to support
four (4) people for up to 2 days, which based on NIOSH figures of
oxygen consumption, will require a minimum of 672 cubic feet of oxygen
or 3215 cubic feet of breathable air (of which 20.9% is oxygen)
supplied in compressed air tanks; and (3) since there is no source of
potable water underground it will supply bottled water in the refuge
chamber to provide a source of safe, clean water, which would not be
the case if water lines from the pumping stations were used.
Dated: May 18, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-10442 Filed 5-30-07; 8:45 am]
BILLING CODE 4510-43-P