[Federal Register Volume 74, Number 108 (Monday, June 8, 2009)]
[Notices]
[Pages 27185-27186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13173]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of petitions for modification of existing mandatory 
safety standards.

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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 July 8, 2009.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#9ccfe8fdf2f8fdeef8efb1ccf9e8f5e8f5f3f2efdcf8f3f0b2fbf3ea"><span class="__cf_email__" data-cfemail="762502171812170412055b2613021f021f1918053612191a58111900">[email protected]</span></a>.
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209, 
Attention: Patricia W. Silvey, 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, 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), 
<a href="/cdn-cgi/l/email-protection#63010211110c0d4d0102110102110223070c0f4d040c15"><span class="__cf_email__" data-cfemail="f1939083839e9fdf93908393908390b1959e9ddf969e87">[email protected]</span></a> (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-2009-013-C.
    Petitioner: Wolf Run Mining Company, LLC, RT 3 Box 146, Philippi, 
West Virginia 26416.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
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 not provide blow-off dust covers on nozzles on 
deluge type systems. The petitioner states that although more than 
adequate pressure and flow rates for the deluge system are maintained, 
in some tests, the dust covers do not come off all sprays. The 
petitioner proposes to continue its weekly functional testing of the 
complete deluge-type water spray system. The petitioner further states 
that dust covers are not necessary because the system will be inspected 
and maintained weekly. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners by the existing standard.

    Docket Number: M-2009-014-C.
    Petitioner: Jim Walter Resources, Inc., P.O. Box 133, Brookwood, 
Alabama 35444.
    Mine: No. 4 Mine, MSHA I.D. No. 01-01247, located in Tuscaloosa 
County, Alabama.

[[Page 27186]]

    Regulation Affected: 30 CFR 75.351(q)(2) (Atmospheric monitoring 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the mine manager at the No. 4 Mine to 
certify in writing, once every six months that the CO Supervisor has 
demonstrated competence in the subject matter of the referenced 
standard without requiring him to travel underground. The petitioner 
states that: (1) The room where the CO Supervisor works is equipped 
with more than a dozen cameras trained on key underground areas, and 
these cameras give the CO Supervisor a real-time continual view of 
activities and events in these areas; (2) the room where the CO 
Supervisor works is equipped with computer equipment that is part of a 
monitoring system that gives a more extensive continual view of the No. 
4 Mines underground workings; and (3) the room where the CO Supervisor 
works is equipped with an underground mine map that is regularly 
updated, and the CO Supervisor regularly refers to this map when 
performing his duties. The petitioner further states that allowing the 
mine manger at the No. 4 Mine to certify in writing, once every six 
months that the CO Supervisor has demonstrated competence in the 
subject matter of the referenced standard without requiring him to 
travel underground will advance the safety and health purposes of the 
Act and will at all times guarantee at least the same measure of safety 
to the miners as the referenced standard.

    Docket Number: M-2009-002-M.
    Petitioner: Resolution Copper Mining, 102 Magma Heights, P.O. Box 
1944, Superior, Arizona 85273.
    Mine: Resolution Copper Mine, MSHA I.D. No. 02-00152, located in 
Pinal County, Arizona.
    Regulation Affected: 30 CFR 57.15030 (Provision and maintenance of 
self-rescue devices).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the miner to wear the Ocenco M-20 self-
contained self-rescue (SCSR) (MSHA rated 10 minutes) unit on their 
person and a 60 minute unit (the CSE SR-100 or equivalent MSHA rated 
for 60 minutes) on their vehicles or equipment. The petitioner states 
that: (1) In addition, caches of these units will be placed and 
maintained at strategic locations within 300 to 500 feet or 5 minutes 
maximum of the employee; (2) the combination of devices will be made 
available to all employees working underground and maintained in good 
condition; and (3) every underground miner will be trained on an annual 
basis in the use, limitations, care, and donning (including transition 
donning) of self-contained self-rescue devices. The petitioner further 
states that: (1) This proposal will satisfy the State Mining Act while 
enabling the miners to wear an ergonomically suitable SCSR on their 
belt; (2) the alternative to the smaller M-20 type are bulky and heavy 
units that will expose the miners to additional risk associated with a 
large and heavy unit hanging off their belt; and (3) the current MSA W-
65 filter self-rescuer (Approval No. TC-14G-82) weighs 2.2 pounds, and 
the smallest SCSR is the SR-100 which weighs 6 pounds and is 
approximately 2.5 pounds larger than the W-65 filter and is awkward to 
wear. The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2009-003-M.
    Petitioner: Resolution Copper Mining, 102 Magma Heights, P.O. Box 
1944, Superior, Arizona 85273.
    Mine: Resolution Copper Mine, MSHA I.D. No. 02-00152, located in 
Pinal County, Arizona.
    Regulation Affected: 30 CFR 57.15031 (Location of self-rescue 
devices).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the miner to wear the Ocenco M-20 self-
contained self-rescue (SCSR) (MSHA rated 10 minutes) unit on their 
person and a 60 minute unit (the CSE SR-100 or equivalent MSHA rated 
for 60 minutes) on their vehicles or equipment. The petitioner states 
that: (1) In addition, caches of these units will be placed and 
maintained at) strategic locations within 300 to 500 feet or 5 minutes 
maximum of the employee; (2) the combination of devices will be made 
available to all employees working underground and maintained in good 
condition; and (3) every underground miner will be trained on an annual 
basis in the use, limitations, care, and donning (including transition 
donning) of self-contained self-rescue devices. The petitioner further 
states that: (1) This proposal will satisfy the State Mining Act while 
enabling the miners to wear an ergonomically suitable SCSR on their 
belt; (2) the alternative to the smaller M-20 type are bulky and heavy 
units that will expose the miners to additional risk associated with a 
large and heavy unit hanging off their belt; and (3) the current MSA W-
65 filter self-rescuer (Approval No. TC-14G-82) weighs 2.2 pounds, and 
the smallest SCSR is the SR-100 which weighs 6 pounds and is 
approximately 2.5 pounds larger than the W-65 filter and is awkward to 
wear. The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-13173 Filed 6-5-09; 8:45 am]
BILLING CODE 4510-43-P


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