[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Notices]
[Pages 16186-16188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7197]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health Administration (MSHA), 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 April 30, 2010.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected].
2. Facsimile: 1-202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, 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
22209-3939, 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
[[Page 16187]]
business hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
[email protected] (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
Docket Number: M-2010-011-C.
Petitioner: Alex Energy, Jerry Fork Road, Drennen, West Virginia
26667.
Mine: Jerry Fork Eagle Mine, MSHA I. D. No. 46-08787, located in
Nicholas County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of blow-off dust covers for the
spray nozzles of a deluge-type water spray system. As an alternative to
using the blow-off dust covers, the petitioner proposes the following
terms and conditions: (1) A person trained in the testing procedures
specific to the deluge-type water spray fire suppression systems
utilized at each belt drive will once each week: (a) Conduct a visual
examination of each of the deluge-type water spray fire suppression
systems; (b) conduct functional test of the deluge-type water spray
fire suppression systems by actuating the system and watching its
performance; and (c) record the results of the examination and
functional test in a book maintained on the surface for that purpose.
The record will be made available to the authorized representative of
the Secretary and retained at the mine for one year; (2) any
malfunction or clogged nozzle detected as a result of the weekly
examination or functional test will be corrected immediately; and (3)
the procedure used to perform the functional test will be posted at or
near each belt drive that utilizes a deluge-type water spray fire
suppression system. The petitioner asserts that the proposed
alternative method will provide a measure of protection equal to or
greater than that of the standard.
Docket Number: M-2010-012-C.
Petitioner: White Buck Coal Company, P.O. Box 180, Leivasy, West
Virginia 26676.
Mine: Grassy Creek Mine, MSHA I.D. No. 46-08365 and Hominy Creek
Mine, MSHA I.D. No. 46-09266, located in Nicholas County, West
Virginia; and Pocahontas Mine, MSHA I.D. No. 46-09154, located in
Greenbrier County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of blow-off dust covers for the
spray nozzles of a deluge-type water spray system. As an alternative to
using the blow-off dust covers, the petitioner proposes the following
terms and conditions: (1) A person trained in the testing procedures
specific to the deluge-type water spray fire suppression systems
utilized at each belt drive will once each week: (a) Conduct a visual
examination of each of the deluge-type water spray fire suppression
systems; (b) conduct functional test of the deluge-type water spray
fire suppression systems by actuating the system and watching its
performance; and (c) record the results of the examination and
functional test in a book maintained on the surface for that purpose.
The record will be made available to the authorized representative of
the Secretary and retained at the mine for one year; (2) any
malfunction or clogged nozzle detected as a result of the weekly
examination or functional test will be corrected immediately; and (3)
the procedure used to perform the functional test will be posted at or
near each belt drive that utilizes a deluge-type water spray fire
suppression system. The petitioner asserts that the proposed
alternative method will provide a measure of protection equal to or
greater than that of the standard.
Docket Number: M-2010-013-C.
Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149,
Friedens, Pennsylvania 15541.
Mine: Quecreek No. 1 Mine, MSHA I. D. No. 36-08746, and Roytown
Deep Mine, MSHA I.D. No. 36-09260, located in Somerset County,
Pennsylvania.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternate method of compliance with the
blow-off dust cover requirement at deluge-type water spray systems. In
lieu of using blow-off dust covers, the petitioner proposes to: (1)
Once every 7 days, a person trained in the testing procedures specific
to the water deluge-type fire suppression systems utilized at each belt
drive will: (a) Conduct a visual examination of each water deluge-type
fire suppression system; (b) conduct a functional test of the water
deluge-type fire suppression systems by actuating the system; and (c)
any malfunction or clogged nozzle detected as a result of the
examination and functional test will be recorded in a book maintained
on the surface for that purpose. The record will be made available to
the authorized representative of the Secretary and retained at the mine
for one year; (2) any malfunction or clogged nozzle detected as a
result of the weekly examination or functional test will be corrected
immediately; (3) the written procedure used to perform the functional
test will be provided to each individual trained in the testing
procedure for reference; and (4) conducting weekly functional tests of
the water deluge-type fire suppression systems as the proposed
alternative method will provide for a level of safety equal to or
greater than the statute in place. 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
with no diminution of safety to the miners.
Docket Number: M-2010-014-C.
Petitioner: Sunrise Coal, LLC, 1183, East Canvasback Drive, Terre
Haute, Indiana 47802.
Mine: Carlisle Mine, MSHA I.D. No. 12-02349, located in Sullivan
County, Indiana.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to permit weekly examinations and functional testing
of the deluge-type water fire suppression systems in lieu of providing
blow-off dust covers. The petitioner states that: (1) Conducting a
weekly examination and functional test of the deluge water fire
suppression systems will provide an improvement in safety and insure
that the spray nozzles do not become plugged; and (2) replacing the
dust caps creates an unnecessary hazard by exposing miners
[[Page 16188]]
to the risk of a slip/fall type accident. The petitioner asserts that
this petition upon approval will be mandated throughout the Carlisle
Mine and will provide no less than the same measure of protection
afforded by the standard.
Docket Number: M-2010-015-C.
Petitioner: Sunrise Coal, LLC, 1183 East Canvasback Drive, Terre
Haute, Indiana 47802.
Mine: Carlisle Mine, MSHA I.D. No. 12-02349, located in Sullivan
County, Indiana.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard to permit mine through or near (whenever the safety
barrier diameter is reduced to a distance less than the District
Manager would approve pursuant to 75.1700) plugged oil and gas wells
penetrating the Indian V coal seam. The petitioner has listed in this
petition a complete list of procedures to be utilized when plugging oil
and gas wells. Persons may review these procedures at the MSHA address
listed in this notice. The petitioner asserts that the proposed
alternative method will at all times guarantee no less than the same
measure of protection afforded to the miners under 30 CFR 75.1700.
Docket Number: M-2010-016-C.
Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles,
Virginia 24282.
Mine: Huff Creek No. 1 Mine, MSHA I.D. No. 15-17234, Darby Fork No.
1 Mine, MSHA I.D. No. 15-02263, Clover Fork No. 1 Mine, MSHA I.D. No.
15-18647, all located in Harlan County, Kentucky.
Regulation Affected: 30 CFR 75.208 (Warning devices).
Modification: The petitioner requests a modification of the
existing standard to permit a readily visible warning to be posted, or
a physical barrier to be installed on the second row of permanent roof
support outby unsupported roof to impede travel beyond permanent
support, except during the installation of roof supports. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded by
the appropriate portion of 30 CFR 75.208.
Dated: March 26, 2010.
Patricia W. Silvey,
Director.
[FR Doc. 2010-7197 Filed 3-30-10; 8:45 am]
BILLING CODE 4510-43-P