Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34369 

be provided on the inby and outby sides 

of the overcast to provide easy access to 

the top of the overcast. A wheeled dolly, 

suitable to place a stretcher carrying a 

disabled miner, will be located on top 

of the overcast at all times. The dolly 

will be used to transport a disabled 

miner from the inby side of the top of 

the overcast to the outby side of the top 

of the overcast, a distance of 

approximately 24 feet, which leads to 

the mechanically operated escape 

capsule. 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 standard. 

Docket Number: M–2009–004–M. 

Petitioner: Arch Materials, LLC, 4438 

State Route 276, Batavia, Ohio 45103. 

Mine: Batavia Mine, MSHA I.D. No. 

33–04578, located in Clermont County, 

Ohio. 

Regulation Affected: 30 CFR 49.2(c) 

(Availability of mine rescue teams). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the services of 

Central Kentucky Mine Rescue Team 

(CKMRT) as the mine rescue provider 

for the Batavia Mine. The petitioner 

states that: (1) The CKMRT, also known 

as Eastwood Fire District Fire Fighting 

and Rescue Team is located in 

Eastwood, Kentucky within the required 

travel distance proposed by MSHA; (2) 

the rescue team consists of professional 

firefighters, and several career miners, 

who have had experience in 

underground mines; (3) the rescue team 

has extensive mine training in 

accordance with 30 CFR 49.8, not 

limited to, firefighting, evacuation, and 

rescue; and (4) the team is on duty 24 

hours per day, seven days per week, and 

will be able to provide immediate 

response to any mine emergency. The 

petitioner further states that the Central 

Kentucky Mine Rescue Team has 

worked closely with the Arch Materials, 

LLC, and are prepared for the conditions 

of the Batavia Mine. The team has 

traveled to the Batavia Mine and 

observed the mine facility and 

operations. The petitioner asserts that 

the proposed alternative method will 

not reduce the safety of the miners at 

the Batavia Mine, but will increase the 

safety of the miners, and that the 

proposed alternative method is adequate 

and will properly cover Batavia Mine in 

the event of an emergency. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–16741 Filed 7–14–09; 8:45 am] 

BILLING CODE 4510–43–P 

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. 

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 August 14, 2009. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: StandardsPetitions@dol.gov. 

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), 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–2009–015–C. 

Petitioner: UtahAmerican Energy, 

Inc., P.O. Box 910, East Carbon, Utah 

84520. 

Mine: Lila Canyon Mine, MSHA I.D. 

No. 42–02241, located in Emery County, 

Utah. 

Regulation Affected: 30 CFR 75.350(a) 

(Belt air course ventilation). 

Modification Request: The petitioner 

requests site specific relief from 

application of the existing standard to 

permit the use of return air in the belt 

air course. The petitioner states that: (a) 

Relief from the standard will only be in 

effect during the underground 

development process, to establish a 

ventilation breakout to the surface; and 

(b) relief from the standard will only be 

applicable to the underground ‘‘Rock 

Slope’’ area and will terminate upon 

establishing the ventilation breakout in 

the coal seam to the surface. The 

petitioner proposes to: (1) Install an 

atmospheric monitoring system (AMS) 

incorporating diesel discriminating 

(carbon monoxide and nitric oxide) 

sensors for early warning fire detection 

in the primary escapeway (intake) entry 

and the belt entry; (2) have the air in the 

monitoring entry(s) at a velocity of at 

least 50 feet per minute and have 

definite and distinct movement in the 

designated direction. The velocity 

measurements will be determined at 

locations in the entry which are 

representative of the cross-sectional 

areas found through the entry and not 

at locations where the entry is 

abnormally high (e.g. belt drives) or low 

(e.g. under overcasts); (3) determine the 

correct carbon monoxide ambient, alert, 

and alarm levels upon implementation 

of this site specific petition with the 

carbon monoxide ambient level at 5 


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ppm, and the alert and alarm levels at 

10 ppm and 15 ppm respectively above 

the ambient ; (4) incorporate time delays 

in the AMS, when a demonstrated need 

exists, to account for non-fire related 

carbon monoxide alert and alarm sensor 

signals; with time delays limited to 

three minutes. The length of any time 

delays or other techniques or methods 

that eliminate or reduce the need for 

time delays will be specified and 

approved in the mine ventilation plan; 

(5) the AMS will activate an alarm 

signal if the total concentration on 

uncorrected carbon monoxide measured 

by any sensor exceeds or is equal to 50 

ppm. The concentration will represent 

all the carbon monoxide present in the 

sensor’s atmosphere which includes 

carbon monoxide from diesel engines; 

(6) the methane monitoring system will 

be capable of providing both audible 

and visual signals on both the working 

section and at a manned location on the 

surface of the mine where personnel 

will be on duty at all times when miners 

are underground. When the methane 

level is 1.0 volume per centum, the 

monitoring system will initiate alarm 

signals; (7) design and install the 

methane monitoring system to deenergize the belt conveyor drive units 

when the methane level is 1.0 volume 

per centum. A trained person at the 

surface location will have two-way 

communication with the working 

section; (8) an AMS will be operating 

and a designated AMS operator will be 

on duty at a location on the surface of 

the mine where audible and visual 

signals from the AMS will be seen or 

heard and the AMS operator can 

promptly respond to these signals, 

whenever personnel are underground; 

(9) provide visual and audible signals at 

the designated surface location for any 

interruption of circuit continuity and 

any electrical malfunction of the system 

and have the signals at a sufficient 

magnitude to be seen or heard by the 

AMS operator; (10) provide sensors to 

detect carbon monoxide, nitric oxide, or 

methane that will be visually examined 

at least once each shift when belts are 

operated as part of a production shift; 

and (11) when a malfunction, alert, or 

alarm signal is received at the 

designated surface, the sensor(s) that are 

activated will be identified and the 

AMS operator will promptly notify 

appropriate personnel, including the 

‘‘responsible person(s)’’ as referenced in 

30 CFR 75.1501 on the affected working 

section(s) and in the affected areas 

where mechanized mining equipment is 

being installed or removed. In addition, 

an immediate investigation of the cause 

of the signal shall begin and the 

required actions set forth in this site 

specific petition will be taken. Persons 

may review a complete description of 

the petitioner’s alternative procedures at 

the MSHA address listed in this notice. 

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–2009–016–C. 

Petitioner: RoxCoal, Inc., 1576 

Stoystown Road, P.O. Box 149, 

Friedens, Pennsylvania 15541. 

Mine: Augustus Mine, MSHA I.D. No. 

36–08636; Geronimo Mine, MSHA I.D. 

No. 36–08645; Horning Mine, MSHA 

I.D. No. 36–09666; Kimberly Run Mine, 

MSHA I.D. No. 36–09549; Miller Mine, 

MSHA I.D. No. 36–08622; Quecreek #1 

Mine, MSHA I.D. No. 36–08746; 

Roytown Mine, MSHA I.D. No. 36– 

09260, all located in Somerset County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of batterypowered non-permissible surveying 

equipment in or inby the last crosscut. 

The petitioner states that: (1) All nonpermissible electronic surveying 

equipment used in or inby the last open 

crosscut will be examined prior to use 

to ensure the equipment is being 

maintained in a safe operating 

condition; (2) the equipment will be 

examined by a qualified person at 

intervals not to exceed 7 days; (3) 

results of the examinations will be 

recorded in the weekly examination 

electrical equipment book. The 

examinations will include: (i) Checking 

the instrument for any physical damage 

and the integrity of the case; (ii) 

removing the battery and inspecting for 

corrosion; (iii) inspecting the contact 

points to ensure a secure connection to 

the battery; (iv) reinserting the battery 

and powering up and shutting down to 

ensure proper connections; and (v) 

checking the battery compartment cover 

to ensure that it is securely fastened; (4) 

a qualified person will continuously 

monitor for methane immediately before 

and during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return; (5) nonpermissible surveying equipment will 

not be used if methane is detected in 

concentrations at or above 1.0 percent 

methane; (6) when 1.0 percent or more 

of methane is detected while the 

equipment is being used, the equipment 

will be de-energized immediately and 

will be withdrawn outby the last open 

crosscut; (7) non-permissible surveying 

equipment will not be used where float 

coal dust is in suspension; (8) batteries 

contained in the surveying equipment 

will be changed out or charged in fresh 

air outby the last open crosscut; (9) 

qualified personnel engaged in the use 

of surveying equipment will be properly 

trained to recognize the hazards and 

limitations associated with the use of 

surveying equipment. The equipment 

will not be put into service initially 

until MSHA has inspected the 

equipment and determined that it is in 

compliance with all of the above terms 

and conditions; and (10) within 60 days 

after the Proposed Decision and Order 

becomes final, the petitioner will submit 

to the District Manager proposed 

revisions for its part 48 training plan. 

The training plan will specify initial 

and refresher training. The petitioner 

asserts that application of the existing 

standard will result in a diminution of 

safety to the miners and the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded the miners by the 

standard. 

Docket Number: M–2009–017–C. 

Petitioner: RoxCoal, Inc., 1576 

Stoystown Road, P.O. Box 149, 

Friedens, Pennsylvania 15541. 

Mine: Augustus Mine, MSHA I.D. No. 

36–08636; Geronimo Mine, MSHA I.D. 

No. 36–08645; Horning Mine, MSHA 

I.D. No. 36–09666; Kimberly Run Mine, 

MSHA I.D. No. 36–09549; Miller Mine, 

MSHA I.D. No. 36–08622; Quecreek #1 

Mine, MSHA I.D. No. 36–08746; 

Roytown Mine, MSHA I.D. No. 36– 

09260, all located in Somerset County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of batterypowered non-permissible surveying 

equipment in return airways, including, 

but no limited to portable battery 

operated mine transits, total station 

surveying equipment, distance meters, 

and lap top computers. The petitioner 

states that: (1) All non-permissible 

electronic surveying equipment used in 

or inby the last open crosscut will be 

examined prior to use to ensure the 

equipment is being maintained in a safe 

operating condition; (2) the equipment 

will be examined by a qualified person 

at intervals not to exceed 7 days; (3) 

results of the examinations will be 

recorded in the weekly examination 

electrical equipment book. The 

examinations will include: (i) Checking 


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the instrument for any physical damage 

and the integrity of the case; (ii) 

removing the battery and inspecting for 

corrosion; (iii) inspecting the contact 

points to ensure a secure connection to 

the battery; (iv) reinserting the battery 

and powering up and shutting down to 

ensure proper connections; and (v) 

checking the battery compartment cover 

to ensure that it is securely fastened; (4) 

a qualified person will continuously 

monitor for methane immediately before 

and during the use of non-permissible 

surveying equipment in or inby the last 

open crosscut or in the return; (5) nonpermissible surveying equipment will 

not be used if methane is detected in 

concentrations at or above 1.0 percent 

methane; (6) when 1.0 percent or more 

of methane is detected while the 

equipment is being used, the equipment 

will be de-energized immediately and 

will be withdrawn out of the return; (7) 

non-permissible surveying equipment 

will not be sued where float coal dust 

is in suspension; (8) batteries contained 

in the surveying equipment will be 

changed out or charged in fresh air out 

of the return; (9) qualified personnel 

engaged in the use of surveying 

equipment will be properly trained to 

recognize the hazards and limitations 

associated with the use of surveying 

equipment. The equipment will not be 

put into service initially until MSHA 

has inspected the equipment and 

determined that it is in compliance with 

all of the above terms and conditions; 

and (10) within 60 days after the 

Proposed Decision and Order becomes 

final, the petitioner will submit to the 

District Manager proposed revisions for 

its part 48 training plan. The training 

plan will specify initial and refresher 

training. The petitioner asserts that 

application of the existing standard will 

result in a diminution of safety to the 

miners and the proposed alternative 

method will at all times guarantee no 

less than the same measure of protection 

afforded the miners by the standard. 

Docket Number: M–2009–018–C. 

Petitioner: R & K Coal Company, Inc., 

642 Suedberg Road, Pine Grove, 

Pennsylvania 17963. 

Mine: No. 1 Slope Mine, MSHA I.D. 

No. 36–09138, located in Daupin 

County, Pennsylvania. 

Regulation Affected: 30 CFR 

75.1200(d) & (i) (Mine map). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of crosssections instead of contour lines 

through the intake slope at locations of 

rock tunnel connections between veins, 

and at 1,000-foot intervals of advance 

from the intake slope. In addition, the 

petitioner proposes to limit the required 

mapping of the mine workings above 

and below to those present within 100 

feet of the veins being mined, except 

when these veins are interconnected to 

other veins beyond the 100-foot limit, 

through rock tunnels. The petitioner 

states that: (1) Contour lines provide no 

useful information due to the steep 

pitch encountered in mining anthracite 

coal veins, and their presence would 

make portions of the map illegible; (2) 

use of cross-sections in lieu of contour 

lines has been practiced since the late 

1800’s and provide critical information 

about the spacing between veins and the 

proximity to other mine workings, 

which fluctuate considerably; (3) the 

mine workings above and below are 

usually inactive and abandoned, and 

therefore not subject to changes during 

the life of the mine; (4) all mapping for 

mines above and below is researched by 

petitioner’s contract engineer for the 

presence of interconnecting rock 

tunnels between veins in relation to the 

mine; and (5) a hazard analysis is done 

when mapping indicates that prior 

mining was conducted on a vein above 

or below. When research exhausts the 

availability of mine mapping, the vein 

will be considered to be mined and 

flooded and appropriate precautions 

will be taken under 30 CFR 75.388, 

where possible. The petitioner further 

states that where potential hazards exist 

and in-mine drilling capabilities limit 

penetration, surface boreholes will be 

drilled to intercept the mine workings 

and results will be analyzed prior to 

mining in the affected area. The 

petitioner asserts that the proposed 

alternative method will provide at least 

the same measure of protection as the 

existing standard. 

Docket Number: M–2009–019–C. 

Petitioner: Sidney Coal Co., Inc., 

d/b/a Process Energy Mining Coo., 115 

North Big Creek Road, P.O. Box 299, 

Sidney, Kentucky 41564. 

Mine: Mine No. 1, MSHA I.D. No. 15– 

19097, located in Pike County, 

Kentucky. 

Regulation Affected: 30 CFR 

75.380(d)(3) (Escapeways; bituminous 

and lignite mines). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit a primary escapeway 

over an overcast for the limited distance 

of 24 feet. The petitioner proposes to 

have a minimum of 36 inches of 

clearance above the location of the 

overcast instead of the minimum of 511⁄2

inches. The areas of the primary 

escapeway leading up to and away from 

the proposed overcast will have a 

minimum height of 6 feet. Ramps will 

be provided on the inby and outby sides 

of the overcast to provide easy access to 

the top of the overcast. A wheeled dolly, 

suitable to place a stretcher carrying a 

disabled miner, will be located on top 

of the overcast at all times. The dolly 

will be used to transport a disabled 

miner from the inby side of the top of 

the overcast to the outby side of the top 

of the overcast, a distance of 

approximately 24 feet, which leads to 

the mechanically operated escape 

capsule. 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 standard. 

Docket Number: M–2009–004–M. 

Petitioner: Arch Materials, LLC, 4438 

State Route 276, Batavia, Ohio 45103. 

Mine: Batavia Mine, MSHA I.D. No. 

33–04578, located in Clermont County, 

Ohio. 

Regulation Affected: 30 CFR 49.2(c) 

(Availability of mine rescue teams). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the services of 

Central Kentucky Mine Rescue Team 

(CKMRT) as the mine rescue provider 

for the Batavia Mine. The petitioner 

states that: (1) The CKMRT, also known 

as Eastwood Fire District Fire Fighting 

and Rescue Team is located in 

Eastwood, Kentucky within the required 

travel distance proposed by MSHA; (2) 

the rescue team consists of professional 

firefighters, and several career miners, 

who have had experience in 

underground mines; (3) the rescue team 

has extensive mine training in 

accordance with 30 CFR 49.8, not 

limited to, firefighting, evacuation, and 

rescue; and (4) the team is on duty 24 

hours per day, seven days per week, and 

will be able to provide immediate 

response to any mine emergency. The 

petitioner further states that the Central 

Kentucky Mine Rescue Team has 

worked closely with the Arch Materials, 

LLC, and are prepared for the conditions 

of the Batavia Mine. The team has 

traveled to the Batavia Mine and 

observed the mine facility and 

operations. The petitioner asserts that 

the proposed alternative method will 

not reduce the safety of the miners at 

the Batavia Mine, but will increase the 

safety of the miners, and that the 

proposed alternative method is adequate 

and will properly cover Batavia Mine in 

the event of an emergency. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–16740 Filed 7–14–09; 8:45 am] 

BILLING CODE 4510–43–P 


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