Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 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 blowoff 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 SelfContained 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 selfrescue 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 selfrescuers (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 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of Existing 

Mandatory Safety Standards 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 


emcdonald on DSK2BSOYB1PROD with NOTICES
16642 Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 

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: zzMSHAcomments@dol.gov. 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), barron.barbara@dol.gov 

(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–2011–001–C. 

Petitioner: Left Fork Mining 

Company, Inc., P.O. Box 13, Arjay, 

Kentucky 40902. 

Mines: Straight Creek No. 1 Mine, 

MSHA I.D. No 15–12564, located in Bell 

County, Kentucky. 

Regulation Affected: 30 CFR 

75.364(b)(1) (Weekly examination). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit evaluation points to 

be established for weekly evaluation of 

the affected area of the intake return. 

The petitioner states that: (1) This 

petition is necessary for the intake slope 

entry due to a 26 degree incline. Three 

evaluation points located along the 

slope entry will be established for 

weekly evaluation of the affected area; 

(2) a certified person will examine each 

of the evaluation points at least every 7 

days, including: (a) examine for hazards 

on the approaches to and at the 

evaluation points: (b) evaluate and 

measure the quality and quantity of air 

flowing past the evaluation points to 

determine the methane, oxygen, and 

carbon monoxide concentrations using a 

MSHA approved hand-held device; (c) 

measure air quantity using an 

appropriately calibrated anemometer; 

(d) not permitting harmful gases to 

accumulate in exceed of the legal limits 

for a return air course; (e) if an increase 

of 0.5 percent methane above the 

previous reading or a 10 percent 

unplanned change in airflow quantity 

from the previous reading is determined 

at these evaluation points, an immediate 

examination and evaluation of the cause 

will be conducted; (f) a date board will 

be provided at each evaluation point 

where a certified examiner will record 

the date, time, and his or her initials; 

and (g) the results of each weekly 

examination in a book maintained on 

the surface; (3) the permanent 

ventilation controls and evaluation 

points will be shown on the annual 

mine ventilation map in accordance 

with 30 CFR 75.372; and (4) all 

evaluation points and approaches to the 

evaluation points will be maintained in 

a safe condition at all times. The 

petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Docket Number: M–2011–002–C. 

Petitioner: Rosebud Mining Company, 

P.O. Box 1025, Northern Cambria, 

Pennsylvania 15714. 

Mines: Beaver Valley Mine, MSHA 

I.D. No. 36–08725, located in Beaver 

County, Pennsylvania. Bergholz Mine, 

MSHA I.D. No. 33–04565, located in 

Jefferson County, Ohio. Cherry Tree 

Mine, MSHA I.D. No. 36–09224; 

Harmony Mine, MSHA I.D. No. 36– 

09477; Penfield Mine, MSHA I.D. No. 

36–09355, located in Clearfield County, 

Pennsylvania. Clementine Mine, MSHA 

I.D. No. 36–08862; Darmac #2 Mine, 

MSHA I.D. No. 36–08135; Dutch Run 

Mine, MSHA I.D. No. 36–0870; 

Logansport Mine, MSHA I.D. No. 36– 

08841; Tracy Lynne Mine, MSHA I.D. 

No. 36–08603, located in Armstrong 

County, Pennsylvania. Heilwood Mine, 

MSHA I.D. No. 36–09407; Knob Creek 

Mine, MSHA I.D. No. 36–09394; Lowry 

Mine, MSHA I.D. No. 36–09287; Tom’s 

Run Mine, MSHA I.D. No. 36–08525, 

located in Indiana County, 

Pennsylvania. Little Toby Mine, MSHA 

I.D. No. 36–08847, located in Elk 

County, Pennsylvania. Mine 78, MSHA 

I.D. No. 36–09371, located in Somerset 

County, Pennsylvania. Tusky Mine, 

MSHA I.D. No. 33–04509, located in 

Tuscarawas County, Ohio. Twin Rocks 

Mine, MSHA I.D. 36–08836, located in 

Cambria County, Pennsylvania. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment) 

and 30 CFR 18.35(a)(2) (Portable trailing 

cables and cords). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of MSHA 

approved five (5) conductor 10 

American Wire Gauge (AWG) cable (SO 

cable) with a diameter of 0.77 with a 

tolerance of +/¥ 0.03. The petitioner 

states that: (1) The cable will be hung on 

insulated hangers for the entire length at 

all times; (2) within 60 days after the 

proposed decision and order becomes 

final, proposed revisions for its 

approved 30 CFR part 48 training plan 

will be submitted to the District 

Manager. In addition, the proposed 

revisions will specify initial and 

refresher training regarding the terms 

and conditions stated in the proposed 

decision and order. The petitioner 

asserts that the proposed alternative 

method will at all times guarantee no 

less than the same measure of protection 

afforded by the standard. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 16643 

Docket Number: M–2011–003–C. 

Petitioner: Frasure Creek Mining, LLC, 

P.O. Box 142, Justice, West Virginia 

24851. 

Mine: Deep Mine No. 11, MSHA I.D. 

No. 46–09329, located in Fayette 

County, West Virginia, and Isaban Deep 

Mine No. 3, MSHA I.D. No. 46–09245, 

located in Mingo 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 blowoff dust covers for the spray nozzles of 

a deluge-type water spray system. The 

petitioner proposes to conduct a weekly 

inspection and functional test of its 

complete deluge-type spray system. The 

petitioner states that: (1) The system 

consists of an average of thirty (30) 

sprays along each of approximately ten 

(10) primary belt-conveyor drives and 

an average of sixty (60) sprays along 

each of eight (8) secondary drives; (2) 

the nozzles are currently provided with 

blow-off dust covers, but the dust covers 

are not necessary because the nozzles 

can be maintained in an unclogged 

condition through weekly use; and (3) it 

is burdensome to recap the large 

number of covers weekly after each 

inspection and functional test. The 

petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded the miners than 

the existing standard. 

Docket Number: M–2011–001–M. 

Petitioner: Carmeuse Industrial Sands, 

P.O. Box 429, Brady, Texas 76825. 

Mine: Brady Plant, MSHA I.D. No. 41– 

01371, located in McCulloch County, 

Texas. 

Regulation Affected: 30 CFR 56.13020 

(Use of compressed air). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the implementation 

of a clothes cleaning booth process that 

has been jointly developed with and 

successfully tested by the National 

Institute for Occupational Safety and 

Health (NIOSH). This process utilizes 

controlled compressed air for the 

purpose of cleaning miners’ dust laden 

clothing. The petitioner states: (1) Only 

miners trained in the operation of the 

NIOSH-tested clothes cleaning booth 

process will be permitted to use the 

process. (2) Clothes cleaning booth 

process training will be incorporated 

into the Part 46 training plan. (3) All 

miners entering the NIOSH-tested 

clothes cleaning booth will be required 

to wear full seal goggles for eye 

protection, ear plugs or muffs for 

hearing protection, and fit-tested 

respirators with N100 filters for 

respiratory protection. (4) The clothes 

cleaning booth will have a caution sign, 

conspicuously posted, indicating that 

the use of respirators, hearing 

protection, and goggles are required 

before entering the booth. (5) Air 

pressure through the spray manifold 

will be limited to 30 pounds per square 

inch. A lock-box with a single key 

controlled by the Plant Manager will be 

used to prevent tampering with the 

regulator. (6) The air spray manifold 

will consist of 1.5 inch schedule 80 

pipe, which has a failure pressure of 

1,300 pounds per square inch, capped at 

the base and actuated by an electricallycontrolled ball valve at the top. (7) The 

air spray manifold will contain 26 total 

nozzles of which 25 will be 18.4 SCFM 

@ 3 psig and the 26th and lowermost 

nozzle will be 19.2 SCFM @ 30 psig. (8) 

The uppermost spray nozzle will be 

located at a height of not more than 56 

inches. Those miners with a shoulder 

height less than 56 inches will use 

mechanical air spray deflectors, which 

are quick, effective, and easy to use. (9) 

Miners will be use side deflectors to 

eliminate the possibility of incidental 

contact with the air nozzles during use 

of the clothes cleaning booth. (10) 

Spraying Systems Company Nozzle No. 

AA727–23 contains a recessed design to 

provide air escape should the nozzle be 

accidentally placed against a surface. 

(11) An electrically actuated valve will 

be inter-locked into the bag house dust 

collector to prevent use of the clothes 

cleaning booth if the dust collection 

system is not functioning or inoperable. 

(12) The clothes cleaning booth will be 

fitted with a stand-alone dust collection 

system. (13) Airflow through the clothes 

cleaning booth will be sufficient to 

maintain negative pressure during its 

use in order to prevent contamination of 

the environment outside of the booth. 

(14) The air receiver tank supplying air 

to the manifold system will be of 

sufficient volume to permit not less than 

20 seconds of continuous cleaning time. 

(15) Airflow through the booth will be 

in the downward direction, thereby 

moving contaminants away from the 

miner’s breathing zone. (16) Miners 

entering the clothes cleaning booth will 

perform regular user checks examining 

the valves and nozzle for damage of 

malfunction and ensure that the door is 

fully closed before opening the air 

valve. (17) Periodic maintenance checks 

will be performed in accordance with 

the NIOSH recommendation contained 

within the ‘‘Clothes Cleaning Process 

Instruction Manual.’’ No significant 

safety or health concerns have been 

identified because the eyes are protected 

by full seal goggles, the skin is protected 

by work clothes, hearing is protected by 

plugs or muffs, and the lungs are 

protected by a respirator, and air is 

limited to 30 pounds per square inch, 

which is the Occupational Safety and 

Health Administration (OSHA) limit for 

cleaning purposes. The petitioner 

asserts that the cleaning process will 

provide a more effective clothes 

cleaning method and a direct reduction 

of a miners’ exposure to respirable 

crystalline silica dust, thus reducing 

their health risks while providing no 

less a degree of safety than that 

provided by the standard. 

Dated: March 18, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–6919 Filed 3–23–11; 8:45 am] 

BILLING CODE 4510–43–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice (11–024)] 

NASA Advisory Council; Aeronautics 

Committee; Meeting 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, Public 

Law 92–463, as amended, the National 

Aeronautics and Space Administration 

announces a meeting of the Aeronautics 

Committee of the NASA Advisory 

Council. The meeting will be held for 

the purpose of soliciting from the 

aeronautics community and other 

persons research and technical 

information relevant to program 

planning. 

DATES: Thursday, April 14, 2011, 8:30 

a.m. to 3:30 p.m., Local Time; Friday, 

April 15, 2011, 8:30 a.m. to 11:15 a.m., 

Local Time. 

ADDRESSES: Thursday, April 14, 2011— 

NASA Dryden Flight Research Center 

(DFRC), Lilly Drive Building 4825, 

Edwards, CA 93523. Friday, April 15, 

2011—The AERO Institute, 38256 Sierra 

Highway, Palmdale, CA 93550. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Susan L. Minor, Executive Secretary for 

the Aeronautics Committee, National 

Aeronautics and Space Administration 

Headquarters, Washington, DC 20546, 

(202) 358–0566, or 

susan.l.minor@nasa.gov. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public up 

to the capacity of the room. Any person 

interested in participating in the 

meeting by Webex and telephone 


emcdonald on DSK2BSOYB1PROD with NOTICES