[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51058-51060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20978]


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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.

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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 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 September 16, 2011.

ADDRESSES: You may submit your comments, identified by ``docket

[[Page 51059]]

number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#4e3434031d060f632d2123232b203a3d0e2a212260292138"><span class="__cf_email__" data-cfemail="86fcfccbd5cec7abe5e9ebebe3e8f2f5c6e2e9eaa8e1e9f0">[email protected]</span></a>. 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, Attention: Roslyn B. Fontaine, 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's 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), 
<a href="/cdn-cgi/l/email-protection#b2d0d3c0c0dddc9cd0d3c0d0d3c0d3f2d6ddde9cd5ddc4"><span class="__cf_email__" data-cfemail="04666576766b6a2a6665766665766544606b682a636b72">[email protected]</span></a> (E-mail), 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 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-2011-022-C.
    Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Peabody Sage Creek Mine, MSHA Mine I.D. No. 05-04952, located 
in Routt County, Colorado.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements.
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to the braking systems on a grader. The petitioner states that: 
(1) The petition is limited in application to the diesel motorgraders. 
(2) The maximum speed on the Diesel Motorgraders will be limited to 10 
mph by: (a) permanently blocking out the gear(s) or any gear ratio(s) 
that provide higher speeds. The device will limit the vehicle speed in 
both forward and reverse; and (b) using transmission(s) and 
differential(s) geared in accordance with the equipment manufacturer 
which limits the maximum speed to 10 mph. (3) Prior to implementing the 
alternative method: (a) The diesel grader will be inspected by MSHA to 
determine compliance with the terms and conditions; (b) grader 
operators will be trained to recognize appropriate levels of speed for 
different road conditions and slopes; (c) grader operators will be 
trained to lower the moldboard (grader blade) to provide additional 
stopping capability in emergencies; and (d) grader operators will be 
trained to recognize the transmission gear blocking device and its 
proper application requirements. (4) The grader will comply with all 
other applicable requirements of the Federal Mine Safety and Health Act 
of 1977 and the applicable requirements of 30 CFR, parts 75 and 77. (5) 
Within 60 days after the proposed decision and order becomes final, the 
petitioner will submit proposed revisions for its approved 30 CFR part 
48 training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions 
stated in the petition. 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-2011-023-C.
    Petitioner: Peabody Twentymile Mining LLC, Three Gateway Center, 
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Foidel Creek Mine, MSHA Mine I.D. No. 05-03836, located in 
Routt County, Colorado.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to the braking systems on a grader. The petitioner states that: 
(1) The petition is limited in application to the Diesel Motorgraders. 
(2) The maximum speed on the Diesel Motorgraders will be limited to 10 
mph by: (a) permanently blocking out the gear(s) or any gear ratio(s) 
that provide higher speeds. The device will limit the vehicle speed in 
both forward and reverse; and (b) using transmission(s) and 
differential(s) geared in accordance with the equipment manufacturer 
which limits the maximum speed to 10 mph. (3) Prior to implementing the 
alternative method: (a) the diesel grader will be inspected by MSHA to 
determine compliance with the terms and conditions; (b) grader 
operators will be trained to recognize appropriate levels of speed for 
different road conditions and slopes; (c) grader operators will be 
trained to lower the moldboard (grader blade) to provide additional 
stopping capability in emergencies; and (d) grader operators will be 
trained to recognize the transmission gear blocking device and its 
proper application requirements. (4) The grader will comply with all 
other applicable requirements of the Federal Mine Safety and Health Act 
of 1977 and the applicable requirements of 30 CFR, Parts 75 and 77. (5) 
Within 60 days after the proposed decision and order becomes final, the 
petitioner will submit proposed revisions for its approved 30 CFR part 
48 training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions 
stated in the petition. 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-2011-005-M.
    Petitioner: Troy Mine, Inc., P.O. Box 1660, Highway 56 South Mine 
Road, Troy, Montana 59935.
    Mine: Troy Mine, MSHA Mine I.D. No. 24-01467, located in Lincoln 
County, Montana.
    Regulation Affected: 30 CFR 57.11055 (Inclined escapeways).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of a 317-foot portion of a designated secondary 
escapeway, which is steel-encased, with secure landings, and equipped 
with a leaky feeder communication system. The petitioner

[[Page 51060]]

seeks a modification of the existing standard: (1) As it pertains to a 
secondary escapeway/raisebore from the C Bed to the Lower Quartzite 
area; (2) The secondary escapeway/raisebore from the C Bed to the Lower 
Quartzite area is 42 inches in diameter and steel-encased. The 
escapeway/raisebore from the C Bed to the Lower Quartzite area is 
equipped with a ladder and secure landings at least every 30 feet, in 
conformance with 30 CFR 57.11025. The secondary escapeway/raisebore 
from the C Bed to the Lower Quartzite area consists of two sections. 
The first section is 114 feet, and the second section is 317 feet. The 
first section begins at the C Bed and ends at the Upper C Bed. The 
second section begins at the Upper C Bed and ends at the Lower 
Quartzite area. Refer to Attachments A and B for diagrams of the area 
in question; (3) The mine proposes an alternative method of compliance 
with the existing standard, by installation of a leaky feeder 
communication system in the steel-encased secondary escapeway. The 
alternative method provides mines in the escapeway with continuous 
communication with the surface and will allow for notification that 
personnel are in the raise and on their way out. The leaky feeder 
system will be protected from damage due to steel encasement of the 
escapeway/raisebore. The steel encasement of the escapeway/raisebore 
will also prevent exposure to falling rock in the secondary escapeway 
to miners. The landings spaced at a maximum of 30 foot intervals are 
configured to provide protection to resting miners from falling down 
the escapeway; (4) In the alternative to compliance with the existing 
standard, the petitioner proposes to: (a) Install a leaky feeder 
communication cable in the secondary escapeway/raisebore from the C Bed 
to the Lower Quartzite area; (b) install radio boxes in the secondary 
escapeway/raisebore from the C Bed to the Lower Quartzite area. The 
radio boxes will each contain: (i) A radio; (ii) A charging station for 
the radio; and (iii) An extra battery for the radio; (c) within 45 days 
after the proposed decision and order becomes final, the petitioner 
will submit proposed revisions to the escape and evacuation plan as 
required in 30 CFR 57.11053; and (d) with 60 days after the proposed 
decision and order becomes final, the petitioner will submit proposed 
revisions of its approved 30 CFR part 48 training plan to the Metal/
Nonmetal Safety and Health District Manager. In addition to the 
requirements specified, these 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 existing standard.
    Docket Number: M-2011-006-M.
    Petitioner: Degerstrom Ventures, 3268 Blackfoot River Road, Soda 
Springs, Idaho 83276.
    Mine: Enoch Valley Mine and South Rasmussen Mine, MSHA Mine I.D. 
No. 10-01702, located in Caribou County, Idaho.
    Regulation Affected: 30 CFR 56.9300(a) (Berms or guardrails).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the haul road to be used without berms or 
guardrails being provided or maintained on the banks of the roadway 
where a drop-off exists of sufficient grade or depth to cause a vehicle 
to overturn or endanger persons in equipment. The petitioner asserts 
that the addition of berms or guardrails to the haul road will add a 
substantial hazard to the safety of the haul trucks and will expose the 
operators of the trucks to an unnecessary, unsafe condition. The 
petitioner states that: (1) Its predecessor, Dravo Soda Springs, has 
previously obtained similar modification of 30 CFR 56.9300(a) on two 
previous occasions relating to other sections of the same roadway that 
applies to 8.6 miles of haul road covered by previous decision and 
orders as well as a new 3.1 mile section of roadway; and (2) The 
modification is needed because the mining operation is expected to be 
extended to a new site in the same vicinity, known as the Blackfoot 
Bridge Mine. The Record of Decision for the new proposed Blackfoot 
Bridge Mine was filed June 17, 2011, and will be covered under the same 
mine identification number as the Enoch Valley Mine and South Rasmussen 
Mine. The petitioner asserts that the use of berms or guardrails on the 
haul road will add a hazard to the safety of the haul trucks and will 
expose the operators of the trucks to unsafe conditions.

    Dated: August 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-20978 Filed 8-16-11; 8:45 am]
BILLING CODE 4510-43-P


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