[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16640-16641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6918]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Existing Mandatory Safety Standards
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Notice.
-----------------------------------------------------------------------
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 25, 2011.
ADDRESSES: You may submit your comments, identified by the petition's
``docket number'' on the subject line, using any of the following
methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
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: April E. Nelson, Acting 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: April E. Nelson, Acting 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 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
[[Page 16641]]
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-2010-040-C.
Petitioner: Kingston Mining, Inc., Route 1, Box 76-C, Scarbro, West
Virginia 25917.
Mine: Kingston No. 1 Mine, MSHA I.D. No. 46-08625, located in
Fayette 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 permit deluge-type water spray systems to be used
without blow-off dust covers on the nozzles. The petitioner states
that: (1) Weekly inspections and functional tests of its complete
deluge-type water spray system are currently being conducted at the
mine; (2) each nozzle is provided with a blow-off dust cover; (3) due
to frequent inspections and functional testing of the system, the dust
covers are not necessary because the nozzles can be maintained in an
unclogged condition through weekly use; and (4) it is burdensome to
recap the large number of covers weekly after each inspection and
functional test. The petitioner proposes to continue its weekly
inspection and functional testing of the complete deluge-type water
spray system at the Kingston No. 1 Mine, and to remove the blow-off
dust covers from the nozzles. The petitioner asserts that the proposed
alternative method will at all times guarantee no less than the same
measure of protection afforded the miners as would be provided by the
existing standard.
Docket Number: M-2010-041-C.
Petitioner: Twentymile Coal LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.1714-2(b) (Self-rescue devices; use
and location requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow additional outby storage caches of Self-Contained Self-Rescuers
(SCSR's) to be stored along normal travelways in lieu of carrying one-
hour SCSR units by pumpers, examiners, and other persons who do not
have a fixed work location. The petitioner seeks modification of the
existing standard that requires that self-rescue devices be worn or
carried at all times by each person when underground. The petitioner
states that: (1) Twentymile utilizes three entry gateroads for longwall
mining. (2) Gateroad lengths range from 6,000 feet to 20,000 feet. (3)
Main entry lengths range from 4,000 feet to 8,500 feet. (4) Mine
examiners travel (walk) belt line entries three times per day. (5)
Maximum SCSR cache spacing is 5700 feet along primary and alternate
escapeways. The petitioner further states that: (a) Additional SCSR
outby storage caches will be placed a maximum of 2,000 feet apart in
beltlines and return air courses; (b) these additional SCSR outby
storage caches will have no less than two units available for pumpers,
examiners, and other persons who do not have a fixed work location and
who would be expected to be traveling in the area; (c) pumpers,
examiners, and other persons who do not have a fixed work location
traveling along the normal travel routes will at no time be farther
than 1,000 feet from a one-hour SCSR; (d) all full time personnel are
issued and wear or carry an Ocenco M-20 SCSR; (e) individuals would
carry a one-hour SCSR with them along with the Ocenco M-20-SCSR while
traveling in mantrips or other mobile equipment; and (f) individuals
traveling in mantrips or other mobile equipment will at no time be
farther than 1425 feet from additional SCSRs. The petitioner asserts
that the proposed alternative method will at all times guarantee no
less than the same measure of protection to all miners as would be
provided by the standard.
Docket Number: M-2010-043-C.
Petitioner: Twentymile Coal LLC, Three Gateway Center, Suite 1340,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.1714-4(b) (Additional self-contained
self-rescuers (SCSRs).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow additional mantrip storage caches of Self-Contained Self-Rescuers
(SCSRs) to be stored along travelways in lieu of additional SCSRs
carried and stored on mantrips or mobile equipment. The petitioner
seeks modification of the existing standard that requires additional
SCSRs on mantrips. The petitioner states that: (1) Twentymile utilizes
diesel pick-up mantrips and utility vehicles and diesel material
haulage equipment for underground transportation; (2) Normal mantrip
travel time to operating sections is less than 1 hour; (3) During the
winter months, outside temperatures reach 40 degrees below zero
Fahrenheit for extended periods of time; (4) The manufacturer
recommends the unit be stored at temperatures above 10 degrees below
zero Fahrenheit; (5) Because of such temperatures and the storage of
SCSRs on the mantrips, there is a potential for damage to the SCSRs
while they are outside the mine; (6) Maximum SCSR cache spacing is 5700
feet along primary and alternate escapeways; (7) Twentymile propose to
provide additional SCSRs along travelways in lieu of additional SCSRs
carried and stored on mantrips or mobile equipment. In that regard,
Twentymile proposes the following alternative to providing additional
oxygen along travelways: (a) the petitioner will provide additional
SCSR mantrip storage caches placed half way between the existing
escapeway SCSRs required by 30 CFR 75.1502 and 30 CFR 75.1714-4(c); (b)
these additional SCSR mantrip storage caches will have no less than the
maximum number of individuals that can be carried by the largest
capacity personnel carrier; (c) all full time personnel are issued and
shall wear or carry an Ocenco M-20 SCSR; (d) individuals will carry a
one-hour SCSR with them along with the Ocenco M-20 SCSR while traveling
in mantrips or other mobile equipment; (e) individuals traveling in
mantrips or other mobile equipment will at no time be farther than 1425
feet from additional SCSRs. The petitioner asserts that the proposed
alternative method will at all times guarantee no less than the same
measure of protection to all miners as would be provided by the
standard.
Dated: March 18, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-6918 Filed 3-23-11; 8:45 am]
BILLING CODE 4510-43-P