[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Notices]
[Pages 56175-56177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8246]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

    The following parties have filed petitions to modify the 
application of existing safety standards under section 101(c) of the 
Federal Mine Safety and Health Act of 1977 and 30 CFR part 44.

1. Wabash Mine Holding Company

[Docket No. M-2006-043-C]

    Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401 
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to 
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to 
its Wabash Mine, Old B-1/Fault Crossing Area of the Mine (MSHA I.D. No. 
11-00877) located in Wabash County, Illinois. The petitioner requests a 
modification of the existing standard to permit an alternative method 
of complying with the examination requirement due to deteriorating roof 
conditions in the abandoned old B1 panel area. The petitioner proposes 
to: (1) Establish an inlet evaluation point in the affected area of the 
mine as ``Intake EP,'' which will be evaluated by a certified person on 
a weekly basis; (2) establish an outlet evaluation point in the 
affected area as ``Outlet EP,'' which will be evaluated by a certified 
person on a weekly basis; and (3) within 60 days submit revisions of 
its Part 48 training plan to the District Manager that includes initial 
and refresher training to comply with the final order. The petitioner 
states that the proposed alternative method of compliance provides a 
measure of protection equal to that of the standard. The petitioner 
also states that traveling the affected area of the air courses in 
their entirety would present a hazard to the miners because of exposure 
to the deteriorating roof conditions and limited access and result in a 
diminution of safety.

2. Wabash Mine Holding Company

[Docket No. M-2006-044-C]

    Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401 
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to 
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to 
its Wabash Mine, 1N/3W Area of the Mine (MSHA I.D. No. 11-00877) 
located in Wabash County, Illinois. The petitioner requests a 
modification of the existing standard to permit an alternative method 
of compliance for examination of the 1N/3W Area of the Mine due to roof 
falls shortly after mining at the entrance of the abandoned 1N/3W panel 
area petitioner avers that this activity has made sealing the panel 
virtually impossible, and to construct seals to close off the entire 
area from the 1W3B tail area to the mouth of the 1N/3W would expose 
workers to hazardous conditions. The petitioner states that to examine 
the 1N/3W air course from the 1W3B tail area to the west side of the 
existing 1N/3W seals would be hazardous. The petitioner proposes to: 
(1) Establish an inlet evaluation point in the affected area of the 
mine as ``Intake EP,'' which will be evaluated by a certified person on 
a weekly basis; (2) establish two (2) outlet evaluation points in the 
affected area as ``Permanent Outlet EP,'' which will be evaluated by a 
certified person on a weekly basis; and (3) within 60 days submit 
revisions of its Part 48 training plan to the District Manager that 
includes initial and refresher training to comply with the final order. 
The petitioner states that the proposed alternative method of 
compliance provides a measure of protection equal to that of the 
standard. The petitioner also states that traveling the affected area 
of the air courses in their entirety would present a hazard to the 
miners because of exposure to the deteriorating roof conditions and 
limited access and result in a diminution of safety.

3. Wabash Mine Holding Company

[Docket No. M-2006-045-C]

    Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401 
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to 
modify the application of 30 CFR 75.364(b)(1) and (b)(4) (Weekly 
examination) to its Wabash Mine, Main East Seals Area of the Mine (MSHA 
I.D. No. 11-00877) located in Wabash County, Illinois. The petitioner 
requests a modification of the existing standard to permit an 
alternative method of compliance for examination of the certain areas 
of the Mine that have been

[[Page 56176]]

sealed off, known as the Main East Seals, due to roof falls. The 
petitioner states that the air that passes by these seals do not 
ventilate any working section but rather it flows to a nearby return 
air shaft. Further, petitioner states that roof falls have occurred in 
several of the airways that formerly provided access to the seals, and 
the remaining entries that provided access to the seals have 
deteriorating roof conditions and hinders safe access to the seals. The 
petitioner proposes to: (1) Establish a permanent monitoring station to 
permit monitoring of the air for oxygen and methane after it passes 
through the hazardous roof areas at the Main East. The monitoring 
stations will be linked to the mine's approved mine-wide monitoring 
system and located in the area of the ``Permanent Outby EP''; (2) 
evaluate the air that passes the seals by a certified person on a 
weekly basis before it reaches the seals in the area of the location 
shown as ``Intake EP'' on the attached map; and (3) within 60 days 
submit revisions of its Part 48 training plan to the District Manager 
that includes initial and refresher training to comply with the final 
order. The petitioner asserts that inspection of the air course would 
result in a diminution of safety to the miners and that the proposed 
alternative method of compliance provides a measure of protection equal 
to that of the standard.

4. Wabash Mine Holding Company

[Docket No. M-2006-046-C]

    Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401 
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to 
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to 
its Wabash Mine, Main West and 2 South/3 West Areas of the Mine (MSHA 
I.D. No. 11-00877) located in Wabash County, Illinois. The petitioner 
requests a modification of the existing standard to permit an 
alternative method of compliance for examination of the Main West 
Returns and 2 South/3 West Returns. The petitioner states that roof 
falls in conjunction with deteriorating roof conditions have made 
examining the air courses known as the Main West Returns and 2 South/3 
West Returns a hazard to travel in their entirety due to the 
deteriorated roof conditions and limited access. The petitioner 
proposes to: (1) Establish evaluation points in the affected area which 
will be evaluated by a certified person on a weekly basis, and (2) 
within 60 days submit revisions of its Part 48 training plan to the 
District Manager that includes initial and refresher training to comply 
with the final order. The petitioner asserts that the proposed 
alternative method of compliance provides a measure of protection equal 
to that of the standard and application of the standard results in a 
diminution of safety.

5. FKZ Coal Company

[Docket No. M-2006-047-C]

    FKZ Coal Company, P.O. Box 62, Locust Gap, Pennsylvania 17840 has 
filed a petition to modify the application of 30 CFR 75.1714-2(c) 
(Self-rescue devices; use requirements) to its No. 1 Slope Mine (MSHA 
I.D. No. 36-08637) located in Northumberland County, Pennsylvania. The 
petitioner requests a modification of the existing standard to permit 
self-contained self-rescue (SCSR) devices to be stored within 200 feet 
of the working face. The petitioner states that in steeply pitching, 
conventional anthracite mines, entries are advanced as far as 200 feet 
vertically, which exposes the miner to trip and fall hazards. The 
petitioner further states that the necessity of carrying supplies up 
narrow entries while wearing the SCSRs, may result in damage to the 
SCSR and also may result in a diminution of safety to the miner. The 
petitioner also states that the method proposed would in no way provide 
less than the same measure of protection than that afforded miners 
under the existing standard.

6. FKZ Coal Company

[Docket No. M-2006-049-C]

    FKZ Coal Company, P.O. Box 62, Locust Gap, Pennsylvania 17840 has 
filed a petition to modify the application of 30 CFR 75.381(c)(5) 
(Escapeways; anthracite mines) to its No. 1 Slope Mine (MSHA I.D. No. 
36-08637) located in Northumberland County, Pennsylvania. The 
petitioner requests a modification of the existing standard to 
eliminate the requirement to use a continuous directional lifeline at 
the Orchard Slope Mine. The petitioner states that: (1) The pitching 
seams in the anthracite coal mines are inherently directional; (2) the 
entries are either driven horizontal in one direction or vertical with 
the pitching geology; (3) when entering the mine if the mine roof is on 
your right side, it is basic knowledge to know that when leaving the 
mine, the mine roof is on your left side; and (4) even if vision is 
impaired, it is impossible to lose your sense of direction, simply by 
the location of the roof and rib. The petitioner asserts that 
application of the existing standard would cause a diminution of safety 
to the miners because to stretch any type of line across the opening of 
a vertical entry could result in a tripping hazard with a fall 
potential in excess of 30 to 60 feet.

7. Tito Coal Company

[Docket No. M-2005-050-C]

    Tito Coal Company, 118 Fairview Lane, Williamstown, Pennsylvania 
17098 has filed a petition to modify the application of 30 CFR 
75.381(c)(5) (Escapeways; anthracite mines) to its No. 2 Slope Mine 
(MSHA I.D. No. 36-06815) located in Schuylkill County, Pennsylvania. 
The petitioner requests a modification of the existing standard to 
eliminate the requirement to use a continuous directional lifeline at 
the No. 2 Slope Mine. The petitioner states that: (1) The pitching 
seams in the anthracite coal mines are inherently directional; (2) the 
entries are either driven horizontal in one direction or vertical with 
the pitching geology; (3) when entering the mine if the mine roof is on 
your right side, it is basic knowledge to know that when leaving the 
mine, the mine roof is on your left side; and (4) even if vision is 
impaired, it is impossible to lose your sense of direction, simply by 
the location of the roof and rib. The petitioner asserts that 
application of the existing standard would cause a diminution of safety 
to the miners because to stretch any type of line across the opening of 
a vertical entry could result in a tripping hazard with a fall 
potential in excess of 30 to 60 feet.

8. Tito Coal Company

[Docket No. M-2006-051-C]

    Tito Coal Company, 118 Fairview Lane, Williamstown, Pennsylvania 
17098 has filed a petition to modify the application of 30 CFR 75.1714-
2(c) (Self-rescue devices; use requirements) to its No. 2 Slope Mine 
(MSHA I.D. No. 36-06815) located in Schuylkill County, Pennsylvania. 
The petitioner requests a modification of the existing standard to 
permit self-contained self-rescue (SCSR) devices to be stored within 
200 feet of the working face. The petitioner states that in steeply 
pitching, conventional anthracite mines, entries are advanced as far as 
200 feet vertically. The petitioner states that the miner is exposed to 
trip and fall hazards and the necessity of carrying supplies up these 
narrow entries while wearing the SCSRs, may result in damage to the 
SCSR and in a diminution of safety to the miner.

9. D & D Coal Company

[Docket No. M-2006-053-C]

    D & D Coal Company, 409 W. Centre Street, Donaldson, Pennsylvania 
17981

[[Page 56177]]

has filed a petition to modify the application of 30 CFR 75.381(c)(5) 
(Escapeways; anthracite mines) to its Primrose Slope Mine (MSHA I.D. 
No. 36-08341) located in Schuylkill County, Pennsylvania. The 
petitioner requests a modification of the existing standard to 
eliminate the requirement to use a continuous directional lifeline at 
the Primrose Slope Mine. The petitioner states that: (1) The pitching 
seams in the anthracite coal mines are inherently directional; (2) the 
entries are either driven horizontal in one direction or vertical with 
the pitching geology; (3) when entering the mine if the mine roof is on 
your right side, it is basic knowledge to know that when leaving the 
mine, the mine roof is on your left side; and (4) even if vision is 
impaired, it is impossible to lose your sense of direction, simply by 
the location of the roof and rib. The petitioner asserts that 
application of the existing standard would cause a diminution of safety 
to the miners because to stretch any type of line across the opening of 
a vertical entry could result in a tripping hazard with a fall 
potential in excess of 30 to 60 feet.

10. D & D Coal Company

[Docket No. M-2006-054-C]

    D & D Coal Company, 409 W. Centre Street, Donaldson, Pennsylvania 
17981 has filed a petition to modify the application of 30 CFR 75.1714-
2(c) (Self-rescue devices; use requirements) to its Primrose Slope Mine 
(MSHA I.D. No. 36-08341) located in Schuylkill County, Pennsylvania. 
The petitioner requests a modification of the existing standard to 
permit self-contained self-rescue (SCSR) devices to be stored within 
200 feet of the working face. The petitioner states that in steeply 
pitching, conventional anthracite mines, entries are advanced as far as 
200 feet vertically. The petitioner states that the miner is exposed to 
trip and fall hazards and the necessity of carrying supplies up these 
narrow entries while wearing the SCSRs, may result in damage to the 
SCSR and in a diminution of safety to the miner.

11. Usibelli Coal Mine, Inc.

[Docket No. M-2006-056-C]

    Usibelli Coal Mine, Inc., P.O. Box 1000, Healy, Alaska 99743 has 
filed a petition to modify the application of 30 CFR 77.803 (Fail safe 
ground check circuits on high-voltage resistance grounded systems) to 
its Usibelli Mine (MSHA I.D. No. 50-00030) located in Yukon-Koyukuk 
County, Alaska. The petitioner requests a modification of the existing 
standard to permit an alternative method of compliance when the boom/
mast is raised or lowered during construction and repairs/maintenance 
on a Bucyrus 1300W dragline machine. The petitioner proposes to disable 
the ground monitoring while lowering and raising the boom as a safer 
alternative in case it loses power which would cause the boom to fall. 
The petitioner proposes to use the boom raising/lowering the boom 
procedures during construction and maintenance while the machine is not 
in mining operations. The petitioner states that major maintenance 
requiring the raising/lowering of the boom/mast would only be performed 
as needed. Petitioner further avers that it will provide review, 
training, and retraining of the procedures to all persons involved 
before the boom is raised or lowered because boom lowering/raising is 
done infrequently with long intervals of time between each occurrence. 
The petitioner proposes to use the following guidelines to minimize the 
potential for electrical power loss during the boom lowering/raising 
procedure: (1) A written procedure will be developed and implemented by 
the mine operator/contractor that will: (a) Limit the number of persons 
needed on board the machine during the boom-mast raising/lowering, and 
only those persons critical to performing necessary functions will be 
permitted on board the machine; (b) rope off or guard the area around 
the machine and explain the methods that will be used to prevent off-
board persons from contacting the frame or cable of the machine; and 
(c) prohibit other work activities in close proximity to the machine 
during the boom/mast operation. The petitioner would establish a 
responsible person at the work site, and provide enumerated electrical 
safety precautions. The petitioner asserts that these procedures for 
raising/lowering the boom will not result in a diminution of safety to 
the miners.

12. Lane Mountain Silica Company

[Docket No. M-2006-004-M]

    Lane Mountain Silica Company, 500 Union Street, Suite 847, Seattle, 
Washington 98101 has filed a petition to modify the application of 30 
CFR 56.9300 (Berms and guardrails) to its Lane Mountain Silica Mine 
(MSHA I.D. No. 45-00983) located in Stevens County, Washington. The 
petitioner requests a modification of the existing standard for berms 
on elevated roadways to and from quarries of the Lane Mountain Silica 
Mine where drop-offs of sufficient grad exist to cause a vehicle to 
overturn or endanger individuals operating equipment. The petitioner 
proposes to enhance its longstanding safety program as an alternate 
method. The petitioner states that mining and hauling operations are 
seasonal and no hauling occurs from approximately November through 
April when the weather conditions are severe. Petitioner also asserts 
that the roadway is typically clear and dry from May through October 
when hauling occurs and the equipment operator by the petitioner is 
street legal and inspected on a daily basis. Petitioner states that it 
enhanced its safety program by: (1) Installing delineates at 
approximately 100 feet intervals along the outboard side of the entire 
roadway; (2) establishing reduced speed limits; and (3) updated its 
driver safety program. Petitioner states that the existing and enhanced 
safety requirements for use of the roadway equals or surpasses the 
existing standard. The petitioner further states that erection of berms 
would narrow the roadway to a point where safety is detrimentally 
impacted. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard and that application of the standard would result in a 
diminution of safety to the miners.

Request for Comments

    Persons interested in these petitions are encouraged to submit 
comments via E-mail to <a href="/cdn-cgi/l/email-protection#3e6d4a5f505a5f4c5a4d136e5b4a574a5751504d7e5a515210595148"><span class="__cf_email__" data-cfemail="2e7d5a4f404a4f5c4a5d037e4b5a475a4741405d6e4a414200494158">[email protected]</span></a> Include ``petitions 
for modification'' in the subject line of the e-mail. Comments can also 
be submitted by fax, regular mail, or hand-delivery. If faxing your 
comments, include ``petitions for modification'' on the subject line of 
the fax. Comments by regular mail or hand-delivery should be submitted 
to the Mine Safety and Health Administration, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia 22209. If hand-delivered, you are required to stop 
by the 21st floor to check in with the receptionist. All comments must 
be postmarked or received by the Office of Standards, Regulations, and 
Variances on or before October 26, 2006. Copies of the petitions are 
available for inspection at that address.

    Dated at Arlington, Virginia this 19th day of September 2006.
Ria Moore Benedict,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 06-8246 Filed 9-25-06; 8:45 am]
BILLING CODE 4510-43-P


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