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[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75498-75499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30370]

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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.

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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 January 3, 2011.

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]. 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: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances.

[[Page 75499]]

    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 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-2010-035-C.
    Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New 
Mexico 87421.
    Mine: San Juan Mine 1, MSHA I.D. No. 29-02170, located in San Juan 
County, New Mexico.
    Regulation Affected: 30 CFR 75.500(d) (permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to: (1) Permit the use of certain non-permissible 
low-voltage electronic testing, diagnostic, measurement, and survey 
equipment in or inby the last open crosscut; and (2) the use of other 
testing, diagnostic, and survey equipment under this petition for 
modification if that equipment is approved in advance by MSHA's 
District Office. The petitioner states that: (1) All non-permissible 
testing and diagnostic equipment used in or inby the last open crosscut 
will be examined by a qualified person as defined in 30 CFR 75.153 
prior to being used to insure the equipment is being maintained in a 
safe operating condition and the examination results will be recorded 
in the weekly examination book and made available to an authorized 
representative of the Secretary and the miners at the mine; (2) a 
qualified person as defined in existing 30 CFR 75.151 will continuously 
monitor for methane immediately before and during the use of non-
permissible electronic test, diagnostic, measurement, or survey 
equipment in or inby the last open crosscut; (3) non-permissible 
electronic testing, diagnostic, measurement, or survey equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent methane; (4) when 1.0 percent or more of methane is detected 
while the non-permissible electronic equipment is being used, the 
equipment will be de-energized immediately and the non-permissible 
electronic equipment will be withdrawn to outby the last open crosscut; 
(5) all hand-held methane detectors will be MSHA approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320 and calibrated in accordance with the requirements in the 
approved ventilation plan; (6) except for time necessary to trouble 
shoot under actual mining conditions, coal production in the section 
will cease. However, coal may remain in or on the equipment in order to 
test and diagnose the equipment under ``load''; (7) non-permissible 
electronic test, diagnostic, measurement, or survey equipment will not 
be used when float coal dust is in suspension in the area; (8) all 
electronic test, diagnostic, measurement, or survey equipment will be 
used in accordance with the manufacturers recommended safe use 
procedures; (9) qualified personnel engaged in the use of electronic 
test, diagnostic, measurement, or survey equipment will be properly 
trained to recognize the hazards and limitations associated with the 
use of electronic test and diagnostic equipment; (10) any piece of 
equipment subject to this petition will be inspected by an authorized 
representative of the Secretary prior to initially placing it in 
service underground; and (11) within 60 days after the Proposed 
Decision and Order becomes final, proposed revisions to the approved 30 
CFR 48 training plan will be submitted to the District Manager, which 
will include specific initial and refresher training regarding any 
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 existing standard.
    Docket Number: M-2010-036-C.
    Petitioner: Sequoia Energy, LLC, P.O. Box 838, Middlesboro, 
Kentucky 40965.
    Mine: Sequoia Preparation Facility, MSHA I.D. No. 15-12428, located 
in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 77.214 (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an additional site in the head of Upper 
Double Branch to be reclaimed as part of the Upper Double Branch Refuse 
Pile, Site I.D. No. 1211-KY7-07139-02. The petitioner proposes to cover 
abandoned mine openings with refuse piles. The petitioner states that: 
(1) The pile will be constructed of coarse refuse material from the 
Sequoia Preparation Facility; (2) the refuse in the pile will be placed 
in 2 feet lifts along an exposed surface mine highwall; (3) the 
material will be placed in level terraces to prevent the ponding of 
water; (4) the material will be compacted to reduce the possibility of 
water saturation and slope failure; (5) the mine openings will be 
plugged and proper drainage from the abandoned mine will be implemented 
to allow the abandoned mine to drain should any water accumulate in the 
mine; and (6) the abandoned mine openings will be covered with at least 
four feet of non-toxic, non-combustible material to separate it from 
the coarse refuse. The petitioner also states that there are no miners 
working within the mine nor is any other mine cut into the mine and 
there is no diminution of safety for the miners working within the 
mine.

    Dated: November 30, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-30370 Filed 12-2-10; 8:45 am]
BILLING CODE 4510-43-P
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