Federal Register: June 8, 2009 (Volume 74, Number 108)
DOCID: fr08jn09-92 FR Doc E9-13173
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCID: fr08jn09-92
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 July 8, 2009.
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 Modification of Existing Mandatory Safety Standards,
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 modification.
II. Petitions for Modification
Docket Number: M2009013C.
Petitioner: Wolf Run Mining Company, LLC, RT 3 Box 146, Philippi, West Virginia 26416.
Mine: Sentinel Mine, MSHA I.D. No. 4604168, located in Barbour County, West Virginia.
Regulation Affected: 30 CFR 75.11011(b) (Delugetype water spray systems).
Modification Request: The petitioner requests a modification of the existing standard to not provide blowoff dust covers on nozzles on deluge type systems. The petitioner states that although more than adequate pressure and flow rates for the deluge system are maintained, in some tests, the dust covers do not come off all sprays. The petitioner proposes to continue its weekly functional testing of the complete delugetype water spray system. The petitioner further states that dust covers are not necessary because the system will be inspected and maintained weekly. 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 the existing standard.
Docket Number: M2009014C.
Petitioner: Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444.
Mine: No. 4 Mine, MSHA I.D. No. 0101247, located in Tuscaloosa County, Alabama.
[[Page 27186]]
Regulation Affected: 30 CFR 75.351(q)(2) (Atmospheric monitoring systems).
Modification Request: The petitioner requests a modification of the
existing standard to permit the mine manager at the No. 4 Mine to
certify in writing, once every six months that the CO Supervisor has
demonstrated competence in the subject matter of the referenced
standard without requiring him to travel underground. The petitioner
states that: (1) The room where the CO Supervisor works is equipped
with more than a dozen cameras trained on key underground areas, and
these cameras give the CO Supervisor a realtime continual view of
activities and events in these areas; (2) the room where the CO
Supervisor works is equipped with computer equipment that is part of a
monitoring system that gives a more extensive continual view of the No.
4 Mines underground workings; and (3) the room where the CO Supervisor
works is equipped with an underground mine map that is regularly
updated, and the CO Supervisor regularly refers to this map when
performing his duties. The petitioner further states that allowing the
mine manger at the No. 4 Mine to certify in writing, once every six
months that the CO Supervisor has demonstrated competence in the
subject matter of the referenced standard without requiring him to
travel underground will advance the safety and health purposes of the
Act and will at all times guarantee at least the same measure of safety to the miners as the referenced standard.
Docket Number: M2009002M.
Petitioner: Resolution Copper Mining, 102 Magma Heights, P.O. Box 1944, Superior, Arizona 85273.
Mine: Resolution Copper Mine, MSHA I.D. No. 0200152, located in Pinal County, Arizona.
Regulation Affected: 30 CFR 57.15030 (Provision and maintenance of selfrescue devices).
Modification Request: The petitioner requests a modification of the
existing standard to permit the miner to wear the Ocenco M20 self
contained selfrescue (SCSR) (MSHA rated 10 minutes) unit on their
person and a 60 minute unit (the CSE SR100 or equivalent MSHA rated
for 60 minutes) on their vehicles or equipment. The petitioner states
that: (1) In addition, caches of these units will be placed and
maintained at strategic locations within 300 to 500 feet or 5 minutes
maximum of the employee; (2) the combination of devices will be made
available to all employees working underground and maintained in good
condition; and (3) every underground miner will be trained on an annual
basis in the use, limitations, care, and donning (including transition
donning) of selfcontained selfrescue devices. The petitioner further
states that: (1) This proposal will satisfy the State Mining Act while
enabling the miners to wear an ergonomically suitable SCSR on their
belt; (2) the alternative to the smaller M20 type are bulky and heavy
units that will expose the miners to additional risk associated with a
large and heavy unit hanging off their belt; and (3) the current MSA W
65 filter selfrescuer (Approval No. TC14G82) weighs 2.2 pounds, and
the smallest SCSR is the SR100 which weighs 6 pounds and is
approximately 2.5 pounds larger than the W65 filter and is awkward to
wear. The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing standard.
Docket Number: M2009003M.
Petitioner: Resolution Copper Mining, 102 Magma Heights, P.O. Box 1944, Superior, Arizona 85273.
Mine: Resolution Copper Mine, MSHA I.D. No. 0200152, located in Pinal County, Arizona.
Regulation Affected: 30 CFR 57.15031 (Location of selfrescue devices).
Modification Request: The petitioner requests a modification of the
existing standard to permit the miner to wear the Ocenco M20 self
contained selfrescue (SCSR) (MSHA rated 10 minutes) unit on their
person and a 60 minute unit (the CSE SR100 or equivalent MSHA rated
for 60 minutes) on their vehicles or equipment. The petitioner states
that: (1) In addition, caches of these units will be placed and
maintained at) strategic locations within 300 to 500 feet or 5 minutes
maximum of the employee; (2) the combination of devices will be made
available to all employees working underground and maintained in good
condition; and (3) every underground miner will be trained on an annual
basis in the use, limitations, care, and donning (including transition
donning) of selfcontained selfrescue devices. The petitioner further
states that: (1) This proposal will satisfy the State Mining Act while
enabling the miners to wear an ergonomically suitable SCSR on their
belt; (2) the alternative to the smaller M20 type are bulky and heavy
units that will expose the miners to additional risk associated with a
large and heavy unit hanging off their belt; and (3) the current MSA W
65 filter selfrescuer (Approval No. TC14G82) weighs 2.2 pounds, and
the smallest SCSR is the SR100 which weighs 6 pounds and is
approximately 2.5 pounds larger than the W65 filter and is awkward to
wear. The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing standard.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E913173 Filed 6509; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Barbara Barron, Office of Standards, Regulations and Variances at 2026939447 (Voice),
barron.barbara@dol.gov (Email), or 2026939441 (Telefax). [These are
not tollfree numbers].