810 Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices 

STC members will participate in up to 

fifteen 2-day meetings over an 18-month 

time period with the goal of completing 

development of the standard and 

certification program requirements. 

It is anticipated that STC meetings 

will begin in March 2012. Travel 

expenses and per diem will be 

reimbursed for all STC meetings; 

however, participation time will not be 

funded. NIJ is seeking representatives 

from (1) certification bodies and (2) test 

laboratories with experience in 

programs for similar types of ballisticresistant personal protective equipment. 

Additional preferred knowledge 

includes experience with law 

enforcement and corrections operations. 

There are up to four positions to be 

filled on the STC, and NIJ will accept 

the first 20 submissions for peer review. 

Interested parties should nominate 

individuals from their organizations and 

submit an application describing the 

nominee’s relevant experience, 

preferred knowledge, and affiliations 

with standards development 

organizations. To be considered, there 

must not be any conflict of interest in 

which the proposed STC member has a 

direct financial relationship with 

manufacturers of ballistic-resistant 

armor. 

Debra Stoe is the NIJ Program 

Manager responsible for this work, and 

Casandra Robinson is the point of 

contact for Ms. Stoe. Interested parties 

must contact Casandra Robinson at 

casandra.robinson@usdoj.gov to request 

further information on what must be 

submitted. Any submissions must be 

emailed to Casandra Robinson by 

January 20, 2012. The submissions will 

be peer reviewed, and selected 

participants will be notified regarding 

the results of the peer review by 

February 6, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Casandra Robinson by telephone at 

(202) 305–2596 [Note: this is not a tollfree telephone number] or by email at 

casandra.robinson@usdoj.gov. 

DATES: Any submissions must be 

emailed to Casandra Robinson by 

January 20, 2012. The submissions will 

be peer reviewed, and selected 

participants will be notified regarding 

the results of the peer review by 

February 6, 2012. 

John H. Laub, 

Director, National Institute of Justice. 

[FR Doc. 2012–66 Filed 1–5–12; 8:45 am] 

BILLING CODE 4410–18–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration, 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 

submitted to the Mine Safety and Health 

Administration (MSHA) by the parties 

listed below to modify the application 

of existing mandatory safety standards 

codified 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 February 6, 2012. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: (202) 693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

Attention: Roslyn B. Fontaine, 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. Individuals who submit 

comments by hand-delivery are required 

to check in at the receptionist’s desk on 

the 21st floor. Individuals may inspect 

copies of the petitions and comments 

during normal business hours at the 

address listed above. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations, and Variances at (202) 693– 

9447 (Voice), barron.barbara@dol.gov 

(email), or (202) 693–9441 (facsimile). 

[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 of Labor 

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–2011–040–C. 

Petitioner: D & F Deep Mine, 15 

Motter Drive, Pine Grove, Pennsylvania 

17963. 

Mine: Buck Drift #2 Mine, MSHA I.D. 

No. 36–09963, 15 Motter Drive, Pine 

Grove, Pennsylvania 17963, located in 

Schuylkill County, Pennsylvania. 

Regulation Affected: 30 CFR 75.1100– 

2(a)(2) (Quantity and location of 

firefighting equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of portable 

fire extinguishers only to replace 

existing requirements where rock dust, 

water cars, and other water storage 

equipped with three 10-quart pails is 

not practical. The petitioner states that: 

(1) Equipping its small anthracite 

mine with two portable fire 

extinguishers near the slope bottom and 

an additional portable fire extinguisher 

within 500 feet of the working face will 

provide equivalent fire protection. 

(2) Anthracite coal is low in volatile 

matter and dust is not explosive. 

(3) The working section is at or below 

mine pool elevation with frequent 

pumping required to de-water the work 

area. 

(4) All up-pitch workings of moderate 

to steep pitch are accessed only through 

ladders making the carrying of water in 

pails impractical. 

(5) Electric face equipment is 

nonexistent in this hand-loading 

anthracite mine and only air-operated 

equipment is used in or in by the last 

open crosscut. 

(6) The history of underground 

anthracite mines shows that fires 

occurring in the working faces are 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices 811 

nonexistent in recent years due to 

improved explosives and low volatile 

matter in anthracite coal. 

(7) This anthracite mine produces far 

less than the 300 ton per shift criteria 

using the hand-loading method. 

(8) Belt conveyor haulage is not used 

in this underground mine for section/ 

main haulage minimizing fire potential. 

The petitioner asserts that the proposed 

alternative method will provide no less 

than the same measure of protection 

afforded the miners under the existing 

standard. 

Docket Number: M–2011–041–C. 

Petitioner: D & F Deep Mine, 15 

Motter Drive, Pine Grove, Pennsylvania 

17963. 

Mine: Buck Drift #2 Mine, MSHA I.D. 

No. 36–09963, 15 Motter Drive, Pine 

Grove, Pennsylvania 17963, located in 

Schuylkill County, Pennsylvania. 

Regulation Affected: 30 CFR 

75.1200(d) & (i) (Mine map). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of crosssections on mine maps in lieu of 

contour lines through the intake slope, 

at locations of rock tunnel connections 

between veins, and at 1,000-foot 

intervals of advance from the intake 

slope. In addition, the petitioner 

proposes to limit the required mapping 

of mine workings above and below to 

those present within 100 feet of the 

vein(s) being mined unless the veins are 

interconnected through rock tunnels to 

other veins beyond the 100-foot limit. 

The petitioner states that: 

(1) Due to the steep pitch encountered 

in mining anthracite coal veins, 

contours provide no useful information 

and their presence would make portions 

of the map illegible. 

(2) The use of cross-sections in lieu of 

contour lines has been practiced since 

the late 1800s and provides critical 

information about spacing between 

veins and proximity to other mine 

workings, which fluctuate considerably. 

(3) The vast majority of current 

underground anthracite mining involves 

either second mining of remnant pillars 

from previous mining/mine operators or 

the mining of veins of lower quality in 

proximity to inaccessible and frequently 

flooded abandoned mine workings that 

may or may not be mapped. 

(4) All mapping for mines above and 

below is researched by the petitioner’s 

contract engineer for the presence of 

interconnecting rock tunnels between 

veins in relation to the Petitioner’s 

mine, and a hazard analysis is done 

when mapping indicates the presence of 

known or potentially flooded workings. 

(5) When no rock tunnel connections 

are found, mine workings that exist 

beyond 100 feet from the mine are 

recognized as presenting no hazard to 

the mine due to the pitch of the vein 

and rock separation. 

(6) Additionally, the mine workings 

above and below are usually inactive 

and abandoned and, therefore, are not 

usually subject to changes during the 

life of the mine. 

(7) Where evidence indicates prior 

mining was conducted on a vein above 

or below and research exhausts the 

availability of mine mapping, the vein 

will be considered mined and flooded 

and appropriate precautions will be 

taken through § 75.388, which addresses 

drilling boreholes in advance of mining, 

where possible. 

(8) Where potential hazards exist and 

in-mine drilling capabilities limit 

penetration, surface boreholes may be 

used to intercept the workings and the 

results analyzed prior to beginning 

mining in the affected area. 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2011–042–C. 

Petitioner: D & F Deep Mine, 15 

Motter Drive, Pine Grove, Pennsylvania 

17963. 

Mine: Buck Drift #2 Mine, MSHA I.D. 

No. 36–09963, 15 Motter Drive, Pine 

Grove, Pennsylvania 17963, located in 

Schuylkill County, Pennsylvania. 

Regulation Affected: 30 CFR 75.1202 

and 1202–1(a) (Temporary notations, 

revisions and requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the interval of survey 

to be established on an annual basis 

from the initial survey in lieu of every 

6 months as required. The petitioner 

proposes to continue to update the mine 

map by hand notations on a daily basis 

and conduct subsequent surveys prior to 

commencing retreat mining, and 

whenever either a drilling program 

under § 75.388 or plan for mining into 

accessible areas under § 75.389 is 

required. The petitioner states that: 

(1) The low production and slow rate 

of advance in anthracite mining make 

surveying on 6-month intervals 

impractical. In most cases annual 

development is frequently limited to 

less than 500 feet of gangway advance 

with associated up-pitch development. 

(2) The vast majority of small 

anthracite mines is non-mechanized and 

use hand-loading mining methods. 

(3) Development above the active 

gangway is designed to mine into the 

level above at designated intervals 

thereby maintaining sufficient control 

between both surveyed gangways. 

(4) The available engineering/ 

surveyor resources are very limited in 

the anthracite coal fields and surveying 

on an annual basis is difficult to 

achieve, with four individual 

contractors currently available. 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2011–043–C. 

Petitioner: D & F Deep Mine, 15 

Motter Drive, Pine Grove, Pennsylvania 

17963. 

Mine: Buck Drift #2 Mine, MSHA I.D. 

No 36–09963, 15 Motter Drive, Pine 

Grove, Pennsylvania 17963, located in 

Schuylkill County, Pennsylvania. 

Regulation Affected: 30 CFR 75.1400 

(Hoisting equipment; general). 

Modification Request: The petitioner 

requests a modification of the existing 

standard for cages, platforms or other 

devices used to transport persons in 

shafts or slopes in underground coal 

mines. The petitioner seeks to permit 

the use of a slope conveyance (gunboat) 

to transport persons without installing 

safety catches or other no less effective 

devices but instead use an increased 

rope strength/safety factor and 

secondary safety rope connection in 

place of such devices. The petitioner 

states that: 

(1) The haulage slope of this 

anthracite mine is typical of those in the 

anthracite region, with a relatively high 

angle and frequently changing pitches. 

(2) A functional safety catch capable 

of working in slopes with knuckles and 

curves is not commercially available. A 

makeshift device would be activated on 

or by knuckles or curves when no 

emergency exists. Activation of a safety 

catch can or will damage the haulage 

system and subject persons being 

transported to hazards from dislodged 

timbering, roof material, or guide rails, 

and to being battered about within the 

conveyance. 

(3) A safer alternative is to provide 

secondary safety connections securely 

fastened around the gunboat and to the 

hoisting rope above the main 

termination and use a hoisting rope 

having a safety factor greater than that 

recommended in the American 

Standards Specifications for the Use of 

Wire Rope in Mines or at least three 

times greater than the strength required 

under section § 75.1431(a). 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 


pmangrum on DSK3VPTVN1PROD with NOTICES
812 Federal Register / Vol. 77, No. 4 / Friday, January 6, 2012 / Notices 

Dated: December 30, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–33860 Filed 1–05–12; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration, 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 

submitted to the Mine Safety and Health 

Administration (MSHA) by the parties 

listed below to modify the application 

of existing mandatory safety standards 

codified 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 February 6, 2012. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: (202) 693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations, and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

Attention: Roslyn B. Fontaine, 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. Individuals who submit 

comments by hand-delivery are required 

to check in at the receptionist’s desk on 

the 21st floor. Individuals may inspect 

copies of the petitions and comments 

during normal business hours at the 

address listed above. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations, and Variances at (202) 693– 

9447 (Voice), barron.barbara@dol.gov 

(Email), or (202) 693–9441 (Facsimile). 

[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 of Labor 

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 Numbers: M–2011–038–C and 

M–2011–039–C. 

Petitioner: Midland Trail Energy, LLC, 

42 Rensford Star Route, Charleston, 

West Virginia 25306. 

Mines: Campbells Creek No. 7 Mine, 

MSHA I.D. No. 46–09107, and Blue 

Creek No. 1 Mine, MSHA I.D. No. 46– 

09297, 3301 Point Lick Road, 

Charleston, West Virginia 25306, 

located in Kanawha County, West 

Virginia. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of 900-feetmaximum length cables to supply 

power to its shuttle cars, roof bolters, 

and mobile roof supports at the 

Campbells Creek No. 7 Mine and Blue 

Creek No. 1 Mine. The petitioner states 

that: 

(1) The maximum length trailing 

cables supplying the 575-volt shuttle 

cars, 480-volt roof bolters, and 480-volt 

mobile roof supports will not exceed 

900 feet. 

(2) The trailing cable(s) for the shuttle 

car(s) and the roof bolter(s) will not be 

smaller than No. 2 American Wire 

Gauge (AWG), and the trailing cable(s) 

for mobile roof support(s) will not be 

smaller than No. 4 AWG. 

(3) All circuit breakers used to protect 

the No. 2 AWG trailing cables that 

exceed 700 feet in length will have 

instantaneous trip units calibrated to 

trip at 800 amperes. The trip setting of 

these circuit breakers will be sealed and 

will have permanent, legible labels. The 

labels will identify the circuit breaker as 

being a specially calibrated circuit 

breaker suitable for protecting No. 2 

AWG cables. This label will be 

maintained legible. 

(4) All circuit breakers used to protect 

No. 4 AWG trailing cables that exceed 

600 feet in length will have 

instantaneous trip units calibrated to 

trip at 500 amperes. The trip setting of 

these circuit breakers will be sealed and 

will have permanent, legible labels. The 

labels will identify the circuit breakers 

as being a specially calibrated circuit 

breaker and suitable for protecting No. 

4 AWG cables. This label will be 

maintained legible. 

(5) All components that provide short 

circuit protection for the No. 4 AWG 

and No. 2 AWG cables will have an 

interruption rating in accordance with 

the maximum available fault current. A 

short-circuit study, available as part of 

the petition, indicates the maximum 

fault current available on the coal 

producing section. Circuit breakers of 

sufficient interrupting rating will be 

provided in accordance with the study. 

(6) Replacement circuit breakers and/ 

or instantaneous trip units used to 

protect No. 2 AWG cables will be 

calibrated to trip at 800 amperes. This 

setting will be sealed. 

(7) Replacement circuit breakers and/ 

or instantaneous trip units used to 

protect No. 4 AWG cables will be 

calibrated to trip at 500 amperes. This 

setting will be sealed. 

(8) Any trailing cable that is not in 

safe operating condition will be 

removed from service immediately and 

repaired or replaced. 

(9) Each splice or repair in the trailing 

cable to the shuttle cars, roof bolters, 

and mobile roof supports will be made 

in a workmanlike manner and in 

accordance with the instructions of the 

manufacturer of the splice or repair 

materials. The outer jacket of each 

splice or repair will be sealed or made 

with material that has been accepted by 

MSHA as flame-resistant. 

(10) If the mining methods or 

operating procedures cause or 

contribute to the damage of any trailing 

cable, the cable will be removed from 

service immediately and repaired or 

replaced, and additional precautions 

will be taken to ensure that in the future 

the cable is protected and maintained in 

safe operating condition. 

(11) Permanent warning labels will be 

installed and maintained on the cover(s) 

of the power center identifying the 

location of each sealed short-circuit 


pmangrum on DSK3VPTVN1PROD with NOTICES