[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Notices]
[Page 18406-18408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap09-77]
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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 22, 2009.
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 2350, 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 2350,
Arlington, Virginia 22209, Attention: Patricia W. Silvey, 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),
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 modification.
II. Petitions for Modification
Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern
Cambria, Pennsylvania 15714.
Docket Number: M-2009-001-C.
Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine,
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701,
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D.
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania;
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No.
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania;
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County,
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in
Cambria County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered non-permissible surveying equipment,
including, but not limited to, portable battery operated mine transits,
total station surveying equipment, distance meters, and laptop
computers in or inby the last open crosscut. The petitioner proposes
to: (1) Use non-permissible electronic surveying equipment in or inby
the last open crosscut and examine the equipment prior to use to ensure
that the equipment is in safe operating condition; (2) have a qualified
person examine the equipment at intervals not to exceed 7 days and
record the examination results in the weekly electrical equipment
examination book. The examination will include: (i) Checking the
instrument for any
[[Page 18407]]
physical damage and the integrity of the case; (ii) removing the
battery and inspecting for corrosion; (iii) inspecting the contact
points to ensure a secure connection to the battery; (iv) reinserting
the battery and powering up and shutting down to ensure proper
connections: and (v) checking the battery compartment cover to ensure
that it is securely fastened. In addition, the operator will also: (1)
Have a qualified person continuously monitor for methane immediately
before and during the use of non-permissible surveying equipment in or
inby the last open crosscut or in the return; (2) eliminate the use of
non-permissible surveying equipment if methane is detected in
concentrations at or above 1.0 percent; (3) de-energize the equipment
immediately and withdraw the equipment further than 150 feet from
pillar workings when 1.0 percent or more of methane is detected while
the equipment is in use; (4) eliminate the use of non-permissible
surveying equipment where float coal dust is in suspension; (5) charge
or change batteries contained in the surveying equipment in fresh air
out of the return; (6) provide training to qualified personnel who use
the surveying equipment to properly recognize the hazards and
limitations associated with the use of the equipment; (7) put the non-
permissible surveying equipment in service only after MSHA has
initially inspected the equipment and determined that it is in
compliance with all of the terms and conditions of this petition; and
(8) submit proposed revisions for the part 48 training plan to the
District Manager, which will include specified initial and refresher
training regarding the terms and conditions stated in the Proposed
Decision and Order. The petitioner asserts that application of the
existing standard would result in a diminution of safety to the miners
and the proposed alternative method would at all times guarantee no
less than the same measure of protection afforded by the existing
standard.
Docket Number: M-2009-002-C.
Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern
Cambria, Pennsylvania 15714.
Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine,
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701,
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D.
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania;
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No.
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania;
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County,
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in
Cambria County, Pennsylvania.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered non-permissible surveying equipment
in return airways. The petitioner proposes to: (1) Use non-permissible
electronic surveying equipment in or inby the last open crosscut and
examine the equipment prior to use to ensure that the equipment is in
safe operating condition; (2) have a qualified person examine the
equipment at intervals not to exceed 7 days and record the examination
results in the weekly electrical equipment examination book. The
examination will include: (i) Checking the instrument for any physical
damage and the integrity of the case; (ii) removing the battery and
inspecting for corrosion; (iii) inspecting the contact points to ensure
a secure connection to the battery; (iv) reinserting the battery and
powering up and shutting down to ensure proper connections: and (v)
checking the battery compartment cover to ensure that it is securely
fastened. In addition, the operator will also: (1) Have a qualified
person continuously monitor for methane immediately before and during
the use of non-permissible surveying equipment in or inby the last open
crosscut or in the return; (2) eliminate the use of non-permissible
surveying equipment if methane is detected in concentrations at or
above 1.0 percent; (3) de-energize the equipment immediately and
withdraw the equipment further than 150 feet from pillar workings when
1.0 percent or more of methane is detected while the equipment is in
use; (4) eliminate the use of non-permissible surveying equipment where
float coal dust is in suspension; (5) charge or change batteries
contained in the surveying equipment in fresh air out of the return;
(6) provide training to qualified personnel who use the surveying
equipment to properly recognize the hazards and limitations associated
with the use of the equipment; (7) put the non-permissible surveying
equipment in service only after MSHA has initially inspected the
equipment and determined that it is in compliance with all of the terms
and conditions of this petition; and (8) submit proposed revisions for
the part 48 training plan to the District Manager, which will include
specified initial and refresher training regarding the terms and
conditions stated in the Proposed Decision and Order. The petitioner
asserts that application of the existing standard would result in a
diminution of safety to the miners and the proposed alternative method
would at all times guarantee no less than the same measure of
protection afforded by the existing standard.
Docket No: M-2009-003.
Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern
Cambria, Pennsylvania 15714.
Mines: Clementine Mine, MSHA I.D. No. 36-08862, Darmac No. 2 Mine,
MSHA I.D. No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701,
Logansport Mine, MSHA I.D. No. 36-08841, Tracy Lynne Mine, MSHA I.D.
No. 36-08603, located in Armstrong County, Pennsylvania; Beaver Valley
Mine, MSHA I.D. No. 36-08725, located in Beaver County, Pennsylvania;
Brush Valley Mine, MSHA I.D. No. 36-09437, Lowry Mine, MSHA I.D. No.
36-09287, Tom's Run Mine, MSHA I.D. No. 36-08525, Heilwood Mine, MSHA
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Little Toby
Mine, MSHA I.D. No. 36-08847, located in Elk County, Pennsylvania; Mine
78, MSHA I.D. No. 36-09371, located in Somerset County, Pennsylvania;
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County,
Pennsylvania; and Twin Rocks Mine, MSHA I.D. No. 36-08836, located in
Cambria County, Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of battery-powered non-permissible surveying equipment,
including, but not limited to, portable battery operated mine transits,
total station surveying equipment, distance meters, and laptop
computers within 150 feet of pillar workings. The petitioner proposes
to: (1) Use non-permissible electronic
[[Page 18408]]
surveying equipment in or inby the last open crosscut and examine the
equipment prior to use to ensure that the equipment is in safe
operating condition; (2) have a qualified person examine the equipment
at intervals not to exceed 7 days and record the examination results in
the weekly electrical equipment examination book. The examination will
include: (i) Checking the instrument for any physical damage and the
integrity of the case; (ii) removing the battery and inspecting for
corrosion; (iii) inspecting the contact points to ensure a secure
connection to the battery; (iv) reinserting the battery and powering up
and shutting down to ensure proper connections: and (v) checking the
battery compartment cover to ensure that it is securely fastened. In
addition, the operator will also: (1) Have a qualified person
continuously monitor for methane immediately before and during the use
of non-permissible surveying equipment within 150 feet of pillar
workings; (2) eliminate the use of non-permissible surveying equipment
if methane is detected in concentrations at or above 1.0 percent; (3)
de-energize the equipment immediately and withdraw the equipment
further than 150 feet from pillar workings when 1.0 percent or more of
methane is detected while the equipment is in use; (4) eliminate the
use of non-permissible surveying equipment where float coal dust is in
suspension; (5) charge or change batteries contained in the surveying
equipment in fresh air outby the last open crosscut; (6) provide
training to qualified personnel who use the surveying equipment to
properly recognize the hazards and limitations associated with the use
of the equipment; (7) put the non-permissible surveying equipment in
service only after MSHA has initially inspected the equipment and
determined that it is in compliance with all of the terms and
conditions of this petition; and (8) submit proposed revisions for the
part 48 training plan to the District Manager, which will include
specified initial and refresher training regarding the terms and
conditions stated in the Proposed Decision and Order. The petitioner
asserts that application of the existing standard would result in a
diminution of safety to the miners and the proposed alternative method
would at all times guarantee no less than the same measure of
protection afforded by the existing standard.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E9-9168 Filed 4-21-09; 8:45 am]
BILLING CODE 4510-43-P