[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Notices]
[Page 20065-20067]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap08-87]
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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 May 14, 2008.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic mail: Standards-Petitions@dol.gov.
2. Facsimile: 1-202-693-9441.
3. Regular Mail: 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.
4. Hand-Delivery or Courier: 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: Lawrence D. Reynolds, Office of
Standards, Regulations, and Variances at 202-693-9449 (Voice),
reynolds.lawrence@dol.gov (E-mail), or 202-693-9441 (Telefax), or
contact Barbara Barron at 202-693-9447 (Voice), barron.barbara@dol.gov
(E-
[[Page 20066]]
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-2008-008-C.
Petitioner: D. Molesevich & Sons Construction Company, Inc., 333
South Pine Street, Mount Carmel, Pennsylvania 17851.
Mine: Snake Road Stripping Mine, MSHA I.D. No. 36-09485, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 77.1200(c) & (k) (Mine map).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of cross-sections in lieu of
contour lines at regular intervals through the area to be mined and to
limit the required mapping of mine workings below to those present
within 100 feet of the vein(s) being mined. 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) use of cross-sections in lieu of
contour lines has been practiced since the late 1800s thereby providing
critical information relative to the spacing between veins and
proximity to other mine workings which fluctuate considerably; (3) the
vast majority of current surface anthracite mining involves either the
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 which may or may not be
mapped; and (4) the mine workings below are usually inactive and
abandoned, therefore, are not subject to changes during the life of the
mine, but active mines will be mapped. The petitioner asserts that the
proposed alternative method will in no way provide less than the same
measure of protection than that afforded the miners under the existing
standard.
Docket Number: M-2008-009-C.
Petitioner: XMV, Inc., 215 Suppliers Road, Bluefield, Virginia
24605.
Mine: Mine No. 35, MSHA I.D. No. 46-08131, located in McDowell
County, West Virginia.
Regulation Affected: 30 CFR 75.364(b)(4) (Weekly examination).
Modification Request: The petitioner requests a modification of the
existing standard to permit the following examinations to be conducted
in lieu of evaluating the seals underground: (1) Establish Monitoring
Point P at an abandoned portal used by Postar Coal Company, Inc.,
Postar No. 1 Mine, MSHA I.D. No. 46-07983 for bleeder flow evaluation
and establish Evaluation Point X at a drill hole near the Mine No. 35,
MSHA I.D. No. 46-08131 side of the separator seals; (2) use Monitoring
Point P to evaluate the atmosphere behind the separator seals in the
abandoned Postar No. 1 Mine to insure that the atmosphere remains at a
non-explosive range and use Evaluation Point X to insure that the No.
35 Mine side of the separator seals are being ventilated with intake
air provided by the exhausting bleeder fan; and (3) have a certified
person conduct weekly examinations and evaluations that will be
maintained in an approved record book. The petitioner states that: (1)
The Mine is a drift operation with multiple outcrop and surface
openings with no history of methane or ventilation problems; (2) the
separator seals existed when the cross through to the U.S. Steel No. 9
Mine, MSHA I.D. No. 46-01418 old panel took place and the bleeder
system was established; and (3) ventilation is set up to prevent any
contaminant from the abandoned area to reach the working section. The
petitioner asserts that Monitoring Point P and Evaluation Point X will
provide a level of safety as is required by the existing standard.
Docket Number: M-2008-010-C.
Petitioner: Pleasant View Mining Company, Inc., 755 Nebo Road,
Madisonville, Kentucky 42431.
Mine: Richland No. 9 Mine, MSHA I.D. No. 15-17232, located in
Hopkins County, Kentucky.
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 an alternative method of compliance in lieu
of using blow-off dust covers for deluge-type water spray nozzles. The
petitioner proposes to have a person trained in the testing procedures
specific to the deluge-type water spray fire suppression systems used
at each belt drive to conduct the following procedures once each week:
(1) A visual examination of each of the deluge-type water spray fire
suppression system; (2) a functional test of the deluge-type water
spray fire suppression systems by actuating the system and observing
its performance; and (3) record the results of the examination and
functional test in a book maintained on the surface and made available
to the authorized representative of the Secretary. The record book will
be retained for one year. The petitioner asserts that the proposed
alternative method will provide a measure of protection equal to or
greater than that of the standard.
Docket Number: M-2008-011-C.
Petitioner: Chevron Mining, Inc., 12398 New Lexington Road, Barry,
Alabama 35546.
Mine: North River Mine, MSHA I.D. No. 01-00759, located in Fayette
County, Alabama.
Regulation Affected: 30 CFR 75.507 (Power Connection Points).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of three-phase, alternating
current, and deep-well non-permissible pumps in boreholes in the mine.
The petitioner proposes to use non-permissible pumps in boreholes into
an area of the North River Mine where water has accumulated and not on
intake air. The petitioner states that: (1) The pump will be equipped
with sensors to determine high and low water level; (2) pumps in
inaccessible underground locations will utilize undercurrent shutdown
protection with redundant electronic pressure transducers that are
suitable for submersible pump applications; (3) the low water probe
will be located not less than 30 feet above the pump inlet and motor
and electrical connections of the pump; (4) the high, low, or level
water probes will include redundant electronic pressure transducers
that are suitable for submersible pump control application; (5) all
probe circuits will be protected by MSHA approved intrinsically safe
barriers; and (6) the pumps will also be equipped with intrinsically
safe ultrasonic water level sensors isolated by MSHA approved barriers.
The petitioner further states that within 60 days of the Proposed
Decision and Order, proposed revisions of its Part 48 training plan
will be submitted to the District Manager for the
[[Page 20067]]
area in which the mine is located. Persons may review a complete
description of 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 as would be provided by
the standard.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-7804 Filed 4-11-08; 8:45 am]
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