Federal Register: October 19, 2007 (Volume 72, Number 202)
DOCID: fr19oc07-85 FR Doc E7-20650
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCID: fr19oc07-85
DOCUMENT ACTION: Notice of petitions for modification of existing mandatory safety standards.
SUBJECT CATEGORY:
Petitions for Modification
DATES: Comments on the petitions must be received by the Office of Standards,
[[Page 59310]]
Regulations, and Variances on or before November 19, 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; application, processing, disposition, etc.,
SUPPLEMENTAL 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)
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: M2007058C.
Petitioner: Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942.
Mine: Bridger Underground Coal Mine, MSHA I.D. No. 4801646, located in Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 75.1902(c)(2)(i), (ii), and (iii) (Underground diesel fuelgeneral requirements).
Modification Request: The petitioner requests a modification of the
existing standard as it pertains to temporary underground diesel fuel
storage area location within: (i) 500 feet of the loading point; (ii)
500 feet of the projected loading point where equipment is being
installed; or (iii) 500 feet of the loading point where equipment is
being removed. The petitioner states that: (1) Due to the size of the
pillars utilized at the Bridger Underground mine (80' x 200') for
ground control purposes in the longwall gate roads, there is little
room to store all of the necessary longwall components and the
temporary diesel transportation unit; (2) the longwall train consisting
of transformers, emulsion pumps, emulsion tanks and other required
longwall components is over 180 inches long and takes up a full pillar
length; (3) the crosscuts are filled with either roof supports, and/or
roof support material due to the necessity of ``gob isolation''
stopping and supplemental roof support (can cribs, wood cuts, rok
props, etc) along the gateroads. The petitioner proposes to: (1) Store
the temporary diesel transportation unit no more than 1000 feet from
the section loading point; or projected loading point during equipment
installation; or the last designated loading point during equipment
removal; (2) equip the diesel selfpropelled fuel transportation unit
and the dieselfuel storage tank with MSHA approved automatic fire
suppression systems that would be installed to meet the requirements of
30 CFR 75.1911; (3) have a certified person examine the temporary
diesel fuel storage area twice each shift when work is performed inby
the temporary diesel fuel storage area, and conduct a preshift
examination of the diesel fuel storage area when work is performed in
the area; (4) monitor the temporary diesel fuel storage area with an
automated Atmospheric Monitoring System (AMS) that will give an alarm
to the responsible person on the surface if an elevated carbon monoxide
level is detected; (5) equip the selfpropelled fuel transportation
unit with either two additional
Docket Number: M2007059C.
Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, P.O. Box 591, Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No. 0503672, located in Gunnison County, Colorado.
Regulation Affected: 30 CFR 75.335(c) (Seal requirement).
Modification Request: The petitioner requests a modification of the
existing standard to permit welding, cutting, and soldering with an arc
or flame hereinafter referred to as ``hot work'' within 150 feet of a
seal with the following stipulations: (1) Affected personnel will be
trained in the requirements of this petition for modification; (2) hot
work will be done under the supervision of a qualified person who will
continuously test for methane with means approved by the Secretary for
detecting methane, and will make a diligent search for fire during and
after such operations; (3) a qualified person will examine the area
that will be traveled between the hot work location and the closest
seal prior to the hot work operations; (4) hot work operations will not
be conducted in locations that contain 1.0 volume per centum or more of
methane, and hot work area will be rock dusted or wetted prior to such
operations; and (5) provide an additional 40 pounds of rock dust or one
fire extinguisher that will be immediately available during such hot
work operations, in addition to the requirements of 30 CFR 75.1100
2(g). The petitioner asserts that application of the existing standard
would result in a diminution safety to the miners and that the proposed
alternative method would provide at least the same measure of protection as the existing standard.
Docket Number: M2007060C.
Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, Pennsylvania 15650.
Mine: Nolo Mine, MSHA I.D. No. 3608850, located in. [[Page 59311]]
Regulation Affected: 30 CFR 75.364(a) (Weekly examination).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of conducting the
required weekly examination to the deepest points of penetration in the
mines 2 West Extension Section. The petitioner proposes to: (1) Flood
the down dip portions of the 2 West Extension section to a maximum
elevation of 1020. The flooding would occur naturally as water
infiltrates into part of the mine; and (2) conduct examinations along
the water's edge and adjust ventilation controls during the
examinations to ensure proper ventilation is maintained, at intervals
not to exceed 7 days, as the water rises and/or recedes in the 2 West
Extension section. The petitioner states that: (1) The flood level in
the 2 West Extension section will be controlled by pumping; (2) a mine
dewatering system will be installed in the adjacent 2 Right section
that is connected to 2 West Extension via an inseam horizontal borehole
with an 8inch cased inside diameter located at approximately the 1005
elevation to provide water control to a minimum of 1005 foot elevation;
(3) a maximum flood elevation will be controlled by monitoring the mine
pool via water level sensors and during the required 30 CFR 75.364(a)
weekly physical examination of the flood line or water's edge; (4) it
is estimated that it takes approximately 300 days for the 2 West
Extension section to flood, so if the proposed maximum flood elevation
of 1020 feet is reached prior to completion of the dewatering facility,
an inpump station will be used to maintain the approved flood level;
(5) flooding the section will provide a water seal for a considerable
portion of the worked out area, which will eliminate the requirement to
travel into the area for examinations; (6) the alternative to flooding
the 2 West Extension section is to control the water by pumping which
requires maintaining 6,000 +/ feet of electrical cable, 8 distribution
boxes, motor controls, a submersible pump, and other associated
electrical components; and (7) pumping the water out of 2 West
Extension section would require personnel to travel over a mile from an
active section and routed through worked out areas to the pump
installation to conduct a preshift examination. The petitioner asserts
that the proposed alternative method will at all times guarantee no
less than the same measure of protection afforded the miners by such standard.
Docket Number: M2007008M.
Petitioner: Phelps Dodge Tyrone, Inc., P.O. Drawer 571, Tyrone, New Mexico 88065.
Mine: Tyrone Mine, MSHA I.D. No. 2900159, located in Grant County, New Mexico.
Regulation Affected: 30 CFR 56.14207 (Parking procedures for unattended equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit wheel chocks to be placed in front and
behind the wheel when the vehicle is parked instead of applying the
mechanical parking brake. The petitioner states that the temperature
drops below 32 degrees Fahrenheit during the colder months in Grant
County. There exists a potential for the mechanical parking brakes to
freeze and not release. If the brakes are not fully released prior to
operating the vehicle, the effectiveness of the brake is reduced,
eventually rendering the brake useless. The petitioner further states
that the proposed alternative method would only apply to light vehicles
parked on level ground during the winter months when the likelihood of
the mechanical parking brake freezing is high. The petitioner asserts
that application of the existing standard has the potential of
compromising the safety of the miners during the colder months in New Mexico.
Docket Number: M2007009M.
Petitioner: Unimin Corporation, 48 West Boscawen Street, Winchester, Virginia 22601.
Mine: Unimin Elco Plant, MSHA I.D. No. 1101981, located in Alexander County, Illinois.
Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of a NIOSHtested clothes cleaning
booth process for cleaning miners' dust laden clothing. The petitioner
states that: (1) Only the miners trained in the operation of the NIOSH
tested clothes cleaning booth process will be permitted to use the
process; (2) the NIOSHtested process uses controlled compressed air
for the purpose of cleaning miners' dust laden clothing; (3) all miners
entering the clothes cleaning booth will be required to wear full seal
goggles for eye protection, ear plugs or muffs for hearing protection,
and fit tested respirators with N100 filters for respiratory
protection; (4) the NIOSHtested clothes cleaning booth process will
have a caution sign conspicuously posted indicating that use of half
face fittested respirators with N100 filters, hearing protection, and
full seal eye goggles are required before entering the booth. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as the existing standard, and
will provide a direct reduction in exposure to respirable crystalline
silica dust. 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: M2007010M.
Petitioner: St. Lawrence Zinc Company, LLC, 408 Sylvia Lake Road, Gouverneur, New York 13642.
Mine: St. Lawrence Zinc Mine, MSHA I.D. No. 3000185, located in St. Lawrence County, New York.
Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
Modification Request: The petitioner requests a modification of the
existing standard to permit refuge chambers in its underground mines to
be exempt from the required waterlines being piped into the refuge
chambers. The petitioner proposes to store 50 gallons of potable
bottled spring water in the refuge chambers. The petitioner states
that: (1) The bottled water would be stored and cycled out in
accordance with the suppliers' two year shelf life; (2) the storage of
50 gallons of potable water in each refuge chamber would ensure that
the miners have an ample supply of potable drinking water at all times
in the refuge chamber, because in a mine disaster, waterlines, pumps,
and electrical systems could fail. The petitioner asserts that
modification of the existing standard would in no way diminish or
lessen the measure of protection afforded by the standard for the miners.
Dated: October 12, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E720650 Filed 101807; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Edward Sexauer, Chief, Regulatory Development Division at 2026939444 (Voice), sexauer.edward@dol.gov (Email), or 2026939441 (Telefax), or contact Barbara Barron at 202 6939447 (Voice), barron.barbara@dol.gov (Email), or 2026939441 (Telefax). [These are not tollfree numbers].