[Federal Register: July 18, 2007 (Volume 72, Number 137)]
[Notices]
[Page 39464-39466]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy07-112]
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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 August 17, 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, 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 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: 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-2007-037-C.
Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin,
Kentucky 40701.
Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County,
Kentucky.
Regulation Affected: 30 CFR 75.380(f)(4)(i) (Escapeways; bituminous
and lignite mines).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method for the use of mobile
equipment traveling in the primary escapeway. The petitioner asserts
that technology has not developed a fire suppression system that will
fit on the type of equipment used in this mine, which has an average
coal seam of 28 inches. The petitioner proposes to use one ten pound or
two five pound portable chemical fire extinguishers on each Mescher
Jeep used at the Mine. If two extinguishers are used, one five pound
extinguisher will be mounted in the operators' deck with the other
mounted on the jeep accessible to the operator. If one extinguisher is
used, it will be mounted in the operators' deck. In either case, the
petitioner proposes to use a total of ten pounds of fire extinguisher
capability on each Mescher Jeep, which will be readily accessible to
the operator. The petitioner states that: (1) The equipment operator
will inspect each fire extinguisher daily before entering the primary
escapeway; and (2) a record of the inspections will be maintained; and
(3) defective fire extinguishers will be replaced prior to entering the
mine. The petitioner further states that: (1) The main travelway of the
mine is also the primary escapeway; (2) the amount of time each Mescher
Jeep is in the primary escapeway is limited to the travel time to the
face at the start of the shift, and at mid-shift, to change batteries,
and travel out at the end of the shift during which time the drag
bucket is empty and the tractor is not transporting coal; (3) employees
who operate the Mescher Jeeps in the primary escapeway have been
properly trained in the daily inspection of fire extinguishers
installed on the equipment they operate; and (4) the employees have
been trained to properly operate the fire extinguishers should it
become necessary to extinguish a fire on the equipment they operate.
The petitioner also states that it is likely that the application of
the existing standard would reduce the safety of the affected miners,
since fire suppression equipment is not presently available for this
type of equipment, and currently, technology does not provide fire
suppression equipment for the type of machinery used at the Mine No. 7.
The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing
standard.
Docket Number: M-2007-038-C.
Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin,
Kentucky 40701.
Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County,
Kentucky.
Regulation Affected: 30 CFR 75.342 (Methane monitors).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of hand-held continuous-duty
methane and oxygen indicators in lieu of machine-mounted methane
monitors on three-wheel tractors with drag bottom buckets. The
petitioner states that: (1) The operator
[[Page 39465]]
will be qualified to use the hand-held detectors; (2) a gas test will
be taken to determine if any methane concentration is present in the
atmosphere prior to allowing the coal-loading tractor in the face area;
(3) if one percent (1%) of methane is detected, the operator will
manually de-energize his/her battery operated tractor immediately,
production will immediately cease, work will be performed to eliminate
the elevated methane levels, and production will resume when the
methane has been lowered to less than one percent; (4) a spare
continuous-duty hand-held methane and oxygen detector will be available
to ensure that all coal hauling tractors are equipped with a working
detector; and (5) the monitors will be inspected daily and fully
charged, calibrated at least every 30 days, and will not be changed
from manufacturer's specifications unless by a person qualified to do
so. The petitioner asserts that application of the existing standard
reduces protection and the proposed alternative method would greatly
increase the safety and well being of miners.
Docket Number: M-2007-039-C.
Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset,
Colorado 81434.
Mine: West Elk Mine, (MSHA I.D. No. 05-03672), located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.380(d)(4) (Escapeway; bituminous and
lignite mines).
Modification Request: The petitioner requests an amendment to its
previous petition for modification, docket number M-94-023-C, to
increase the affected distance in the belt entry from 1,050 feet to
2,300 feet with the same terms and conditions as its previously
approved petition. The petitioner asserts that application of the
existing standard will result in a diminution of safety to the miners
and that application of the approved terms and conditions of the
previous petition will at all times provide a safe work environment to
the miners. In addition, the petitioner asserts that the requested
amendment will provide at least as much protection as the previously
granted petition.
Docket Number: M-2007-040-C.
Petitioner: UAE CoalCorp Associates, One Harmony Road, P.O. Box
0306, Mount Carmel, Pennsylvania.
Mine: Harmony Mine, (MSHA I.D. No. 36-07838), located in Columbia
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
Modification Request: The petitioner requests a modification of the
existing standard for its anthracite coal mine to permit the use of the
slope (gunboat) to transport persons in shafts and slopes using an
increased rope strength/safety factor and secondary safety rope
connection instead of using safety catches or other no less effective
devices. The petitioner asserts that: (1) A functional safety catch
capable of working in slopes with knuckles or curves is not
commercially available; (2) a makeshift device would be activated on or
by knuckles or curves when no emergency exists; and (3) 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 being battered about within the conveyance. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as the existing standard.
Docket Number: M-2007-041-C.
Petitioner: Brooks Run Mining Company, LLC, 25 Little Birch Road,
Sutton, West Virginia 25601.
Mine: Cucumber Mine, (MSHA I.D. No. 46-09066), located in McDowell
County, West Virginia.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance).
Modification Request: The petitioner requests a modification of the
existing standard to permit mining on a complete line of pillars
without having to tram the Mine Roof Supports (MRS) units around the
pillars. The petitioner states that: (1) This petition will apply only
to trailing cables that are at least a No. 6 American Wire Gauge and
have a 90 degree insulation rating to supply 575-volt three-phase
alternating current to mobile roof supports; (2) the size of the
trailing cable will be according to the equipment approval
documentation and the maximum cable length will not exceed 800 feet;
(3) all circuit breakers used to protect the trailing cables exceeding
600 feet in length will have instantaneous trip units calibrated to
trip at 300 amperes; (4) each trip setting of the circuit breakers will
be sealed and the circuit breakers will have permanent, legible labels
to identify the circuit breaker as being suitable for protecting the
cables; (5) during each production day, a person designated by the
operator will visually examine the trailing cables to ensure that the
cables are in safe operating condition and visually examine the
instantaneous settings of the specially calibrated breakers to ensure
that the seals have not been removed or tampered with or do not exceed
the settings; (6) warning labels will be installed and properly
maintained permanently on the cover(s) of the power center or
distribution box identifying the location of each sealed short circuit
protective device; (7) back-spooling and temporary discharging points
shall be limited; and (8) Part 48 training plan will be revised to
include additional training. The petitioner further states that labels
will warn miners not to change or alter the sealed short circuit
settings. The petitioner asserts that the proposed alternative method
would provide at least the same measure of protection as the existing
standard.
Docket Number: M-2007-042-C.
Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky
41763.
Mine: Mine 75, MSHA I.D. No. 15-17478, located in Perry
County, Kentucky.
Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
Modification Request: The petitioner requests a modification of the
existing standard to permit check points (examination points) for air
volume and quality to be established in two locations of the Return
Mains due to water accumulations in these areas that prevent foot
travel. The petitioner proposes to establish examination points at
certain points to evaluate airflow entering the 2nd Return Mains and
exiting the 2nd Return Mains. The petitioner also proposes to establish
ventilation check points between certain breaks of the 2nd Return Mains
near the installed man doors and in the cut-through of certain breaks
in the 2nd Return Mains. The petitioner states that due to water
accumulations and the distance from active works, it is impractical to
expose personnel to traveling the affected area. The petitioner
describes additional safety precautions, such as, signage and
establishing and monitoring air measurement stations, at locations that
would allow a certified person to effectively evaluate ventilation in
the affected areas of the mine. The petitioner has listed specific
additional procedures in this petition that will be used to comply with
the proposed alternative method. Individuals may review a complete
description of the procedures at the MSHA address listed in this
notice. The petitioner asserts that this petition for modification will
provide no less protection than the existing standard.
[[Page 39466]]
Dated: July 12, 2007.
Jack Powasnik,
Acting Deputy Director, Office of Standards, Regulations, and
Variances.
[FR Doc. E7-13921 Filed 7-17-07; 8:45 am]
BILLING CODE 4510-43-P