Federal Register: December 5, 2006 (Volume 71, Number 233)
DOCID: FR Doc E6-20569
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCUMENT ACTION: Notice of petitions for modification of existing mandatory safety standards.
SUBJECT CATEGORY:
Petitions for Modification
DATES: Comments on the petitions must be postmarked and received by the Office of Standards, Regulations, and Variances on or before January 4, 2007.
DOCUMENT 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.
SUMMARY:
Petitions for safety standards modification; summary of affirmative decisions,
FOR FURTHER INFORMATION CONTACT
Ria Moore Benedict, Deputy Director,
Office of Standards, Regulations, and Variances at 2026939443
(Voice), benedict.ria@dol.gov (email), or 2026939441 (Telefax), or
you can contact Barbara Barron at 2026939447 (Voice),
barron.barbara@dol.gov (email), or 2026939441 (Telefax). [These are not tollfree numbers].
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 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 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: M2006076C.
Petitioner: Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama.
Mine: Shoal Creek Mine, (MSHA I.D. No. 0102901), located in Jefferson County, Alabama.
Regulation Affected: 30 CFR 75.507 (Power connection points).
Modification Request: The petitioner requests a modification of the existing standard to permit use of threephase, alternating current deepwell submersible pumps in boreholes in its Shoal Creek Mine. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard.
Docket Number: M2006077C.
Petitioner: Arch Western Bituminous Group, LLC, 225 N. 5th Street, Suite 900, Grand Junction, Colorado 81510.
Mine: SUFCO Mine, (MSHA I.D. No. 4200089), located in Sevier County, Utah.
Regulation Affected: 30 CFR 75.1909(c)(2) (Nonpermissible diesel powered equipment; design and performance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of Getman 220 tractors towing fully
loaded Uintah 2m shield trailers that are: (a) Equipped with a
supplemental braking system on the tractor; (b) Equipped with a system
to automatically lower the load in the trailer onto the roadway
providing additional braking action; (c) Operated by personnel that
have been trained to recognize appropriate levels of speed for
different road conditions and slopes, and all hazards associated with
an additional supplemental braking system; and (d) Maintenance
personnel will be trained in recognizing all hazards with the
additional supplemental braking system. The petitioner states that the
miners will be trained in the terms and conditions of the Proposed
Decision and Order and within 60 days submit revisions of its Part 48
training plan to the District Manager that includes initial and
refresher training to comply with final order. The petitioner asserts
that the proposed alternative method would provide at least the same measure of protection as the existing standard.
Docket Number: M2006078C.
Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421.
Mine: San Juan South Mine, (MSHA I.D. No. 2902170), located in San Juan County, New Mexico.
Regulation Affected: 30 CFR 75.335(a)(2) (Construction of seals).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of an alternative method for
construction of seals in the San Juan South Mine. Persons may review a complete
[[Page 70548]]
description of petitioner's alternative method at the MSHA address
listed in this notice. The petitioner asserts that application of the
existing standard will result in a diminution of safety to the miners
and the proposed alternative method will provide an equal or higher degree of safety as the existing standard.
Docket Number: M2006079C.
Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421.
Mine: San Juan South Mine, (MSHA I.D. No. 2902170), located in San Juan County, New Mexico.
Regulation Affected: 30 CFR 75.335(a)(1) (Construction of seals).
Modification Request: The petitioner requests a modification of the existing standard to permit the use of an alternative method for construction of seals in the San Juan South Mine. Persons may review a complete description of petitioner's alternative method at the MSHA address listed in this notice. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and the proposed alternative method will provide an equal or higher degree of safety as the existing standard.
Dated at Arlington, Virginia this 22nd day of November 2006. Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E620569 Filed 12406; 8:45 am]
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