Petitions for Modification, 56178-56180 [06-8247]
Download as PDF
<![CDATA[
56178
Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices
1. Orchard Coal Company
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.
[Docket No. M–2006–033–C]
3. R & D Coal Company
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.
Orchard Coal Company, 214 Vaux
Road, Tremont, Pennsylvania 17981 has
filed a petition to modify the
application of 30 CFR 75.381(c)(5)
(Escapeways; anthracite mines) to its
Orchard Slope Mine (MSHA I.D. No.
36–08346) 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
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.
2. R S & W Coal Company
pwalker on PRODPC60 with NOTICES
[Docket No. M–2006–034–C]
R S & W Coal Company, 207 Creek
Road, Klingerstown, Pennsylvania
17941 has filed a petition to modify the
application of 30 CFR 75.381(c)(5)
(Escapeways; anthracite Mines) to its R
S & W Slope Mine (MSHA I.D. No. 36–
01818) 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 R
S & W 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
VerDate Aug<31>2005
21:03 Sep 25, 2006
Jkt 208001
[Docket No. M–2006–035-C]
R & D Coal Company, 214 Vaux Road,
Tremont, Pennsylvania 17981 has filed
a petition to modify the application of
30 CFR 75.1714–2(c) (Self-rescue
devices; use and location requirements)
to its R & D Slope Mine (MSHA I.D. No.
36–02053) 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 which is less than 1
minute travel time. 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 and 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.
4. R & D Coal Company, Inc.
[Docket No. M–2006–036–C]
R & D Coal Company, 214 Vaux Road,
Tremont, Pennsylvania 17981 has filed
a petition to modify the application of
30 CFR 75.381(c)(5) (Escapeways;
anthracite mines) to its R & D Slope
Mine (MSHA I.D. No. 36–02053) 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 R & D 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
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
across the opening of a vertical entry
could result in a tripping hazard with a
fall potential in excess of 30 to 60 feet.
5. Ohio County Coal Company
[Docket No. M–2006–037–C]
Ohio County Coal Company, 19050
Highway 1078 South, Henderson,
Kentucky 42420 has filed a petition to
modify the application of 30 CFR
75.1101–1(b) (Deluge-type water spray
systems) to its Freedom Mine (MSHA
I.D. No. 15–17587) located in Henderson
County, Kentucky. In lieu of providing
nozzles with blow-off dust covers, the
petitioner proposes to: (1) Conduct a
weekly visual examination of each
deluge-type water spray fire suppression
system; (2) conduct a weekly functional
test of the deluge-type water spray fire
suppression systems by actuating the
system and observing its performance;
and (3) record the results of the
examination and functional test in a
book maintained on the surface and
made available to authorized
representatives of the Secretary and
retained at the mine for one year by a
person trained in the testing procedures
specific to the deluge-type water spray
fire suppression systems at each belt
drive. The petitioner states that if any
malfunction or clogged nozzle is
detected, corrections will be made
immediately, and the procedures used
to perform the functional test will be
posted at or near each belt drive that
uses a deluge-type water spray fire
suppression system. The petitioner
asserts that the proposed alternative
method would provide at least the same
measure of protection as the existing
standard.
6. S & M Coal Company
[Docket No. M–2006–038–C]
S & M Coal Company, 1744 E. Grand
Avenue, Tower City, Pennsylvania
17980 has filed a petition to modify the
application of 30 CFR 75.381(c)(5)
(Escapeways; anthracite mines) to its S
& M Slope Mine (MSHA I.D. No. 36–
02022) located in Dauphin County,
Pennsylvania. The petitioner requests a
modification of the existing standard to
eliminate the requirement to use the
continuous directional lifeline at the S
& M 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,
E:\FR\FM\26SEN1.SGM
26SEN1
Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices
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. S & M Coal Company
[Docket No. M–2006–039–C]
S & M Coal Company, 1744 E. Grand
Avenue, Tower City, Pennsylvania
17980 has filed a petition to modify the
application of 30 CFR 75.1714–2(c)
(Self-rescue devices; use and location
requirements) to its S & M Slope Mine
(MSHA I.D. No. 36–02022) located in
Dauphin County, Pennsylvania. The
petitioner requests a modification of the
existing standard to permit selfcontained self-rescue (SCSR) devices to
be stored within 200 feet of the working
face. The petitioner states that in a steep
pitch mine, the passageways are very
thin and have a 3-foot ceiling clearance.
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.
8. Orchard Coal Company
pwalker on PRODPC60 with NOTICES
[Docket No. M–2006–041–C]
Orchard Coal Company, 214 Vaux
Road, Tremont, Pennsylvania 17981 has
filed a petition to modify the
application of 30 CFR 75.360 (Preshift
examination at fixed intervals) to its
Orchard Slope Mine (MSHA I.D. No.
36–08346) located in Schuylkill County,
Pennsylvania. The petitioner proposes
to: (1) Conduct an examination and
evaluation, including a visual
examination of each seal for physical
damage, from the slope gunboat during
the pre-shift examination after an air
quantity reading is taken just inby the
intake portal; (2) take an additional air
reading and gas test for methane and
oxygen deficiency at the intake air split
location(s) just off the slope in the
gangway portion of the working section;
and (3) have the examiner place the
date, time and his/her initials at
locations where air readings and gas test
are taken, with the results properly
recorded prior to anyone entering the
mine. The petitioner states that
regardless of conditions found at the
section evaluation point, the slope will
be traveled and physically examined for
its entire length on a monthly basis with
dates, times, and initials placed at
sufficient locations throughout and
VerDate Aug<31>2005
21:03 Sep 25, 2006
Jkt 208001
results of the examination recorded on
the surface, and any hazards will be
corrected prior to transporting
personnel in the slope. The petitioner
asserts that the proposed alternative
method would provide at least the same
measure of protection as the existing
standard for the following reasons: (1)
Miners would have to climb around
platform ladder obstructions increasing
the risk of falling; (2) when a platform
is not provided, a significant injury or
fall exists when a miner gets in and out
of the gunboat when conducting
examinations; (3) accurate readings
cannot be obtained with the gunboat
blocking a major portion of the intake
slope and platforms installed across the
intake would almost totally restrict the
mine’s only intake; (4) the intake slope
is also the location for electrical
conductors and discharge piping the
pump system located in the sump area
and since the intake haulage slope is the
only intake for the mine, oxygen
deficiency is highly unlikely; and (5)
thorough examination of the intake
haulage slope on a monthly basis will
ensure the safety of miners traveling the
intake escapeway and would minimize
the fall hazard potential of miners
conducting examinations.
9. Drummond Company, Inc.
[Docket No. M–2006–042–C]
Drummond Company, Inc., P.O. Box
10246, Birmingham, Alabama 35202 has
filed a petition to modify the
application of 30 CFR 75.507 (Power
connection points) to its Shoal Creek
Mine (MSHA I.D. No. 01–02901) located
in Jefferson County, Alabama. The
petitioner requests modification of the
existing standard which pertains to ‘‘all
power-connection points outby the last
open crosscut shall be in intake air.’’
The petitioner proposes to use threephase, alternating current deep-well
submersible pumps in boreholes or
shafts in the Shoal Creek Mine.
Petitioner states that the three-phase
alternative significantly reduces the
exposure of employees to travel in
remote areas and significantly improves
the de-watering process at the Shoal
Creek Mine. Thus, the petitioner asserts
that the proposed alternative method
would provide at least the same
measure of protection as the existing
standard.
10. Hanson Aggregates Pma, Inc.
[Docket No. M–2006–003–M]
Hanson Aggregates Pma Inc., 394
Quarry Road, Latrobe, Pennsylvania
15650 has filed a petition to modify the
application of 30 CFR 57.4461 (Gasoline
use restrictions underground) to its
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
56179
Whitney Plant (MSHA I.D. No. 36–
08284) located in Westmoreland
County, Pennsylvania. The petitioner
requests a modification of the existing
standard to permit the use of gasolinepowered trucks to transport personnel
into and out of the mine as an
equivalent safe method of evacuating
the mine in the event that certain
passageways could not be used in an
emergency. The petitioner proposes to
provide an escape and evacuation plan
that will: (1) Notify all underground
personnel of an emergency by means of
strobe light; (2) instruct all personnel to
evacuate the mine in an emergency; and
(3) instruct all mine personnel to follow
the primary evacuation route, or follow
the secondary escape route if the
primary route is not passable. The
petitioner states that if the mine portal
is considered to be unsafe, the mine
personnel will meet at the clock office.
The petitioner further states that: (1)
The proposed alternative method of
compliance provides equivalent or
superior safety to the application of the
existing standard because it reduces the
potential health risk; (2) the mine design
that permits ready evacuation in under
an hour from all points, even where
some passageways may be bermed or
barricaded off due to inactive status or
because ground conditions may require
remediation; and (3) application of the
existing standard is infeasible and
impractical at the Whitney Plant due to
the historical use of gasoline-powered
trucks to transport personnel into and
out of the mine and the potential health
risk from diesel particulate matter
associated with diesel-powered trucks.
Request for Comments
Persons interested in these petitions
are encouraged to submit comments via
e-mail to Standards-Petitions@dol.gov.
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 handdelivery 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.
E:\FR\FM\26SEN1.SGM
26SEN1
56180
Federal Register / Vol. 71, No. 186 / Tuesday, September 26, 2006 / Notices
Dated at Arlington, Virginia this 19th day
of September 2006.
Ria Moore Benedict,
Deputy Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 06–8247 Filed 9–25–06; 8:45 am]
BILLING CODE 4510–43–P
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. Excel Coal Company
[Docket No. M–2006–057–C]
Excel Coal Company, RD #2 Box 665,
Shamokin, Pennsylvania 17872 has filed
a petition to modify the application of
30 CFR 75.1400 (Hoisting equipment;
general) to its Three S. Slope Mine
(MSHA I.D. No. 36–09309) located in
Northumberland County, Pennsylvania.
The petitioner proposes to use the slope
(gunboat) to transport persons in shafts
and slopes using an increased rope
strength/safety factor and secondary
safety rope connection instead of using
safety catches or other no less effective
devices. The petitioner asserts that the
proposed alternative method would
provide at least the same measure of
protection as the existing standard.
2. Excel Coal Company
pwalker on PRODPC60 with NOTICES
[Docket No. M–2005–058–C]
Excel Coal Company, RD #2 Box 665,
Shamokin, Pennsylvania 17872 has filed
a petition to modify the application of
30 CFR 75.1100–2(a)(2) (Quantity and
location of firefighting equipment) to its
Three S. Slope Mine (MSHA I.D. No.
36–09309) located in Northumberland
County, Pennsylvania. The petitioner
proposes to use portable fire
extinguishers only to replace existing
requirements where rock dust, water
cars, and other water storage equipped
with three, 10 quart pails is not
practical. The petitioner asserts that
equivalent fire protection will be
provided for the mine with two portable
fire extinguishers near the slope bottom
and an additional portable fire
extinguisher within 500 feet of the
working face and that the proposed
alternative method would provide at
least the same measure of protection as
the existing standard.
VerDate Aug<31>2005
21:03 Sep 25, 2006
Jkt 208001
3. Excel Coal Company
[Docket No. M–2006–059–C]
Excel Coal Company, RD #2 Box 665,
Shamokin, Pennsylvania 17872 has filed
a petition to modify the application of
30 CFR 75.1200(d) & (i) (Mine map) to
its Three S. Slope Mine (MSHA I.D. No.
36–09309) located in Northumberland
County, Pennsylvania. The petitioner
proposes to use cross-sections 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
vein being mined except when veins are
interconnected to other veins beyond
the 100-foot limit through rock tunnels.
The petitioner states that due to the
steep pitch encountered in mining
anthracite coal veins, contours provide
no useful information and their
presence would make portions of the
map illegible. The petitioner further
states that use of cross-sections in lieu
of contour lines has been practiced
since the late 1800’s and provides
critical information about the spacing
between veins and proximity to other
mine workings, which fluctuate
considerably. Additionally, they state
that the mine workings above and below
are usually inactive and abandoned, and
therefore, are not subject to changes
during the life of the mine. Petitioner
asserts that when evidence indicates
that prior mining was conducted on a
vein above or below and 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, when possible. Thus, when
potential hazards exist and mine
drilling capabilities limit penetration,
petitioner will drill surface boreholes to
intercept the mine workings and will
analyze the results prior to mining in
the affected area. The petitioner asserts
that the proposed alternative method
would provide at least the same
measure of protection as the existing
standard.
4. Excel Coal Company
[Docket No. M–2006–060–C]
Excel Coal Company, RD #2 Box 665,
Shamokin, Pennsylvania 17872 has filed
a petition to modify the application of
30 CFR 49.2(b) (Availability of mine
rescue teams) to its Three S. Slope Mine
(MSHA I.D. No. 36–09309) located in
Northumberland County, Pennsylvania.
The petitioner requests a modification
of the existing standard to permit the
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
reduction of two mine rescue teams
with five members and one alternate
each, to two mine rescue teams of three
members with one alternate for either
team. The petitioner states that the mine
is small and an attempt to utilize five or
more rescue team members in the
mine’s confined working places would
result in a diminution of safety to both
the miners at the mine and the members
of the rescue team. The petitioner
asserts that the proposed alternative
method would provide at least the same
measure of protection as the existing
standard.
5. Big River Mining, LLC
[Docket No. M–2006–061–C]
Big River Mining, LLC, P.O. Box 186,
New Haven, West Virginia 25626 has
filed a petition to modify the
application of 30 CFR 75.900 (Low- and
medium-voltage circuits serving threephase alternating current equipment;
circuit breakers) to its Broad Run Mine
(MSHA I.D. No. 46–09136) located in
Mason County, West Virginia. The
petitioner proposes to use a contactor in
certain locations in series with the
circuit breaker. The petitioner states
that: (1) The contactors are designed and
rated for switching and will switch a
great number of times more than a
circuit breaker without failure and are
more reliable than circuit breakers for
switching when used within their
rating; (2) many of the installations use
a circuit breaker in series with a
contactor, but Big River Mining would
like to use the circuit breaker for short
circuit; (3) the contactor may be
equipped to provide undervoltage,
grounded phase protection, overload
protection, and other protective
functions normally provided by the
circuit breaker; and (4) the contactors
would provide undervoltage, grounded
phase, overload, and monitor the
grounding conductors for low- and
medium-voltage power circuits serving
three-phase alternating current
equipment using the following special
terms and conditions: (a) The nominal
voltage of the power circuits(s) will not
exceed 995 volts; (b) the nominal
voltage of the control circuit(s) and
audible alarms units will not exceed 120
volts; and (c) the contactor will be built
into the same enclosure as the circuit
breakers. Further details of the terms
and conditions are listed in the petition
for modification and are available upon
request. The petitioner further states
that the proposed alternative method
would not be implemented until all
qualified persons who perform work on
the equipment and the circuits have
received training in the safe
E:\FR\FM\26SEN1.SGM
26SEN1
]]>Agencies
[Federal Register Volume 71, Number 186 (Tuesday, September 26, 2006)]
[Notices]
[Pages 56178-56180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8247]
[[Page 56178]]
-----------------------------------------------------------------------
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. Orchard Coal Company
[Docket No. M-2006-033-C]
Orchard Coal Company, 214 Vaux Road, Tremont, Pennsylvania 17981
has filed a petition to modify the application of 30 CFR 75.381(c)(5)
(Escapeways; anthracite mines) to its Orchard Slope Mine (MSHA I.D. No.
36-08346) 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 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.
2. R S & W Coal Company
[Docket No. M-2006-034-C]
R S & W Coal Company, 207 Creek Road, Klingerstown, Pennsylvania
17941 has filed a petition to modify the application of 30 CFR
75.381(c)(5) (Escapeways; anthracite Mines) to its R S & W Slope Mine
(MSHA I.D. No. 36-01818) 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 R S & W 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.
3. R & D Coal Company
[Docket No. M-2006-035-C]
R & D Coal Company, 214 Vaux Road, Tremont, Pennsylvania 17981 has
filed a petition to modify the application of 30 CFR 75.1714-2(c)
(Self-rescue devices; use and location requirements) to its R & D Slope
Mine (MSHA I.D. No. 36-02053) 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 which is less than 1 minute
travel time. 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 and 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.
4. R & D Coal Company, Inc.
[Docket No. M-2006-036-C]
R & D Coal Company, 214 Vaux Road, Tremont, Pennsylvania 17981 has
filed a petition to modify the application of 30 CFR 75.381(c)(5)
(Escapeways; anthracite mines) to its R & D Slope Mine (MSHA I.D. No.
36-02053) 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 R & D 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.
5. Ohio County Coal Company
[Docket No. M-2006-037-C]
Ohio County Coal Company, 19050 Highway 1078 South, Henderson,
Kentucky 42420 has filed a petition to modify the application of 30 CFR
75.1101-1(b) (Deluge-type water spray systems) to its Freedom Mine
(MSHA I.D. No. 15-17587) located in Henderson County, Kentucky. In lieu
of providing nozzles with blow-off dust covers, the petitioner proposes
to: (1) Conduct a weekly visual examination of each deluge-type water
spray fire suppression system; (2) conduct a weekly functional test of
the deluge-type water spray fire suppression systems by actuating the
system and observing its performance; and (3) record the results of the
examination and functional test in a book maintained on the surface and
made available to authorized representatives of the Secretary and
retained at the mine for one year by a person trained in the testing
procedures specific to the deluge-type water spray fire suppression
systems at each belt drive. The petitioner states that if any
malfunction or clogged nozzle is detected, corrections will be made
immediately, and the procedures used to perform the functional test
will be posted at or near each belt drive that uses a deluge-type water
spray fire suppression system. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as the existing standard.
6. S & M Coal Company
[Docket No. M-2006-038-C]
S & M Coal Company, 1744 E. Grand Avenue, Tower City, Pennsylvania
17980 has filed a petition to modify the application of 30 CFR
75.381(c)(5) (Escapeways; anthracite mines) to its S & M Slope Mine
(MSHA I.D. No. 36-02022) located in Dauphin County, Pennsylvania. The
petitioner requests a modification of the existing standard to
eliminate the requirement to use the continuous directional lifeline at
the S & M 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,
[[Page 56179]]
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. S & M Coal Company
[Docket No. M-2006-039-C]
S & M Coal Company, 1744 E. Grand Avenue, Tower City, Pennsylvania
17980 has filed a petition to modify the application of 30 CFR 75.1714-
2(c) (Self-rescue devices; use and location requirements) to its S & M
Slope Mine (MSHA I.D. No. 36-02022) located in Dauphin 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 a steep pitch mine, the passageways are very thin and have a 3-foot
ceiling clearance. 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.
8. Orchard Coal Company
[Docket No. M-2006-041-C]
Orchard Coal Company, 214 Vaux Road, Tremont, Pennsylvania 17981
has filed a petition to modify the application of 30 CFR 75.360
(Preshift examination at fixed intervals) to its Orchard Slope Mine
(MSHA I.D. No. 36-08346) located in Schuylkill County, Pennsylvania.
The petitioner proposes to: (1) Conduct an examination and evaluation,
including a visual examination of each seal for physical damage, from
the slope gunboat during the pre-shift examination after an air
quantity reading is taken just inby the intake portal; (2) take an
additional air reading and gas test for methane and oxygen deficiency
at the intake air split location(s) just off the slope in the gangway
portion of the working section; and (3) have the examiner place the
date, time and his/her initials at locations where air readings and gas
test are taken, with the results properly recorded prior to anyone
entering the mine. The petitioner states that regardless of conditions
found at the section evaluation point, the slope will be traveled and
physically examined for its entire length on a monthly basis with
dates, times, and initials placed at sufficient locations throughout
and results of the examination recorded on the surface, and any hazards
will be corrected prior to transporting personnel in the slope. The
petitioner asserts that the proposed alternative method would provide
at least the same measure of protection as the existing standard for
the following reasons: (1) Miners would have to climb around platform
ladder obstructions increasing the risk of falling; (2) when a platform
is not provided, a significant injury or fall exists when a miner gets
in and out of the gunboat when conducting examinations; (3) accurate
readings cannot be obtained with the gunboat blocking a major portion
of the intake slope and platforms installed across the intake would
almost totally restrict the mine's only intake; (4) the intake slope is
also the location for electrical conductors and discharge piping the
pump system located in the sump area and since the intake haulage slope
is the only intake for the mine, oxygen deficiency is highly unlikely;
and (5) thorough examination of the intake haulage slope on a monthly
basis will ensure the safety of miners traveling the intake escapeway
and would minimize the fall hazard potential of miners conducting
examinations.
9. Drummond Company, Inc.
[Docket No. M-2006-042-C]
Drummond Company, Inc., P.O. Box 10246, Birmingham, Alabama 35202
has filed a petition to modify the application of 30 CFR 75.507 (Power
connection points) to its Shoal Creek Mine (MSHA I.D. No. 01-02901)
located in Jefferson County, Alabama. The petitioner requests
modification of the existing standard which pertains to ``all power-
connection points outby the last open crosscut shall be in intake
air.'' The petitioner proposes to use three-phase, alternating current
deep-well submersible pumps in boreholes or shafts in the Shoal Creek
Mine. Petitioner states that the three-phase alternative significantly
reduces the exposure of employees to travel in remote areas and
significantly improves the de-watering process at the Shoal Creek Mine.
Thus, the petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing
standard.
10. Hanson Aggregates Pma, Inc.
[Docket No. M-2006-003-M]
Hanson Aggregates Pma Inc., 394 Quarry Road, Latrobe, Pennsylvania
15650 has filed a petition to modify the application of 30 CFR 57.4461
(Gasoline use restrictions underground) to its Whitney Plant (MSHA I.D.
No. 36-08284) located in Westmoreland County, Pennsylvania. The
petitioner requests a modification of the existing standard to permit
the use of gasoline-powered trucks to transport personnel into and out
of the mine as an equivalent safe method of evacuating the mine in the
event that certain passageways could not be used in an emergency. The
petitioner proposes to provide an escape and evacuation plan that will:
(1) Notify all underground personnel of an emergency by means of strobe
light; (2) instruct all personnel to evacuate the mine in an emergency;
and (3) instruct all mine personnel to follow the primary evacuation
route, or follow the secondary escape route if the primary route is not
passable. The petitioner states that if the mine portal is considered
to be unsafe, the mine personnel will meet at the clock office. The
petitioner further states that: (1) The proposed alternative method of
compliance provides equivalent or superior safety to the application of
the existing standard because it reduces the potential health risk; (2)
the mine design that permits ready evacuation in under an hour from all
points, even where some passageways may be bermed or barricaded off due
to inactive status or because ground conditions may require
remediation; and (3) application of the existing standard is infeasible
and impractical at the Whitney Plant due to the historical use of
gasoline-powered trucks to transport personnel into and out of the mine
and the potential health risk from diesel particulate matter associated
with diesel-powered trucks.
Request for Comments
Persons interested in these petitions are encouraged to submit
comments via e-mail to Standards-Petitions@dol.gov. 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.
[[Page 56180]]
Dated at Arlington, Virginia this 19th day of September 2006.
Ria Moore Benedict,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 06-8247 Filed 9-25-06; 8:45 am]
BILLING CODE 4510-43-P
