Federal Register: November 19, 2007 (Volume 72, Number 222)
DOCID: fr19no07-88 FR Doc E7-22561
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCID: fr19no07-88
DOCUMENT ACTION: Notice of petitions for modification of existing mandatory safety standards.
SUBJECT CATEGORY:
Petitions for Modification
DATES: All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before December 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)
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: M2007061C.
[[Page 65077]]
Petitioner: D & R Coal Company, P.O. Box 728, Barbourville, Kentucky 40906.
Mine: Mine
Regulation Affected: 30 CFR 75.342 (Methane monitors).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of handheld continuousduty
methane and oxygen indicators in lieu of machinemounted methane
monitors on threewheel tractors with drag bottom buckets. The
petitioner states that: (1) All persons will be qualified to use the
handheld detectors; (2) a gas test will be taken to determine if any
methane concentration is present in the atmosphere prior to allowing
the coalloading tractor in the face area and air quality will be
monitored by the handheld detector during each trip; (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 continuousduty handheld
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: M2007062C.
Petitioner: D & R Coal Company, Inc., P.O. Box 728, Barbourville, Kentucky 40906.
Mine: Mine
Regulation Affected: 30 CFR 75.380(f)(4) (Escapeways; bituminous and lignite mines).
Modification Request: The petitioner requests a modification of the
existing 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 is operated in
the Blue Gem Seam of coal and has seam averaging 24 to 25 inches. The
petitioner proposes to use portable fire suppression equipment on
threewheel tractors in lieu of installing fire suppression systems.
The petitioner proposes to use one twenty or two ten pound portable
chemical fire extinguishers on each Mescher tractor used at the mine.
If two extinguishers are used, a ten pound extinguisher will be mounted
in the operators' deck with the other mounted on the tractor 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 twenty pounds of fire extinguisher capability on each Mescher
tractor, which will be readily available to the operator. The
petitioner states that: (1) The fire hazard potential on a Mescher
tractor is extremely low because no hydraulics are used on these
machines; (2) all other components of the tractor are permissible and
are not susceptible to fire hazard; (3) the equipment operator will
inspect each fire extinguisher daily before entering the primary
escapeway; (4) a record of the inspections will be maintained; and (5)
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
tractor is in the primary escapeway is limited to the travel time to
the face at the start of the shift, at midshift, to change batteries,
and to travel out at the end of the shift during which time the drag
bucket is empty and the tractor is not transporting coal; (3) portable
fire suppression equipment can be used to direct the chemical fire
suppressant by the operator in a more effective manner in case there is
a fire; and (4) in this low coal mine the small fire extinguishers
would be more effective to extinguish a fire than the machinemounted
systems. The petitioner also states that application of the existing
standard will 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. The petitioner
asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard.
Docket Number: M2007063C.
Petitioner: Alden Resources, LLC, 332 W. Cumberland Gap Parkway, Suite 100, Corbin, Kentucky 40701.
Mine: Bain Branch Refuse Piles (I.D. No. 1211KY70715701), MSHA I.D. No. 1517691, located in Whitley County, Kentucky.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the existing standard because: (1) The proposed refuse pile is constructed over abandoned underground mine openings in the Blue Gem coal bed; (2) the abandoned openings have been sealed and backfilled with dirt; and (3) the abandoned pit is a ``boxcut'' and the refuse will be placed in 2foot lifts and used to reclaim the pit to approximately the original contour. The petitioner states that: (1) The proposed modification will not reduce or diminish the safety of the proposed refuse pile since the pit being reclaimed is a boxcut and the dip of the coal seam is away from the portal area; (2) there is no danger of water from the abandoned workings saturating the fill and causing a failure; and (3) modification of the standard will allow for safe disposal of coal refuse at this site and will allow mining to continue in the area. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard.
Docket Number: M2007064C.
Petitioner: P & A Engineers and Consultants, Inc., for Stirrat Coal Company, P.O. Box 279, Louisa, Kentucky 41230.
Preparation Plant, MSHA I.D. No. 4602515, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the
existing standard to permit a dry refuse structure to be added to the
existing plant and rescue facility located near Stirrat in Logan
County, West Virginia. The petitioner states that: (1) The mine
(Williamson Seam) was faced up using the conventional method of
creating two mine benches and two highwalls for the mine entries; (2)
it is estimated that mining was completed in Mid1988; (3) the mine
seals were certified by Registered Professional Engineer on September
20, 1988; and (4) upon completion of mining the portals were sealed and
the highwalls were returned to an approximate 2:1 slope; and (5) a 6
inch Interior Diameter (ID) steel drain was installed eliminating any
potential head of water on the mine seals. The petitioner has provided
with this petition a photo of the installed drain pipe and the
backfilled portals. The petitioner further states that: (1) The
existing drain pipe will be routed to the outside and beyond the limits of the
[[Page 65078]]
coarse refuse fill; and (2) a rock filter will be placed around the
extended pipe and wrapped in filter fabric (Mirafi 140N or equivalent)
and extended through the refuse pile. The petitioner asserts that the
proposed alternative method would provide at least the same measure of protection as the existing standard.
Docket Number: M2007065C.
Petitioner: R S & W Coal Company, 207 Creek Road, Klingerstown, Pennsylvania 17941.
Mine: R S & W Drift Mine, MSHA I.D. No. 3601818, located Schuylkill County, Pennsylvania.
Regulation Affected: 30 CFR 75.311(a) (Main mine fan operation).
Modification Request: The petitioner requests a modification of the
existing standard to allow the main mine fan to be idle during non
working hours. The petitioner states that historically, the main mine
fan operation has been shut down during nonworking shifts, because of
icing during the winter months. The petitioner proposes to use the
following stipulations in the fan stoppage plan: (1) Shut the main mine
fan down during idle periods; (2) no mechanized equipment will be used
underground; (3) no electric power circuits enter the underground mine;
(4) the main mine fan will be operated for a minimum of onehalf hour
after the pressure recorder indicates that the normal mine ventilating
pressure has been reached prior to any one entering the mine; (5) the
mine battery locomotive may be used to make the required preshift
examination; (6) the communication circuit 9volts will be energized prior to the preshift being made;
(7) a certified person will conduct an examination of the entire
mine according to the requirements in 30 CFR 75.360; (8) persons will
be allowed to enter the mine after it is determined to be safe and the
preshift examination results have been recorded. The petitioner
further states that the gangway, chutes, and headings are developed in
rock and tests have shown that measurements taken every three seconds
at the main mine fan found no detectable methane concentrations. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as the existing standard.
Dated: November 13, 2007.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E722561 Filed 111607; 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].