Petitions for Modification, 20885-20888 [E7-8004]
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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Notices
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report must summarize project
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review ‘‘Help with Solicitation for Grant
Applications’’ (https://www.dol.gov/
cfbci/sgabrochure.htm).
• For a basic understanding of the
grants process and basic responsibilities
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20885
of receiving Federal grant support,
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Signed at Washington, DC, this 19th day of
April, 2007.
Eric D. Luetkenhaus,
Employment and Training Administration,
Grant Officer.
[FR Doc. E7–7974 Filed 4–25–07; 8:45 am]
BILLING CODE 4510–FT–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
Mine Safety and Health
Administration (MSHA), Labor.
AGENCY:
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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Notices
Notice of petitions for
modification of existing mandatory
safety standards.
ACTION:
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.
Comments on the petitions must
be received by the Office of Standards,
Regulations, and Variances on or before
May 29, 2007.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. E-mail: StandardsPetitions@dol.gov.
2. Telefax: 1–202–693–9441.
3. Hand-Delivery or Regular Mail:
Submit comments to the Mine Safety
and Health Administration (MSHA),
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2349, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director,
Office of Standards, Regulations, and
Variances.
We 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.
If you submit your comments by handdelivery, you are required to check in at
the receptionist desk on the 21st floor.
Copies of the petitions and comments
will be available during normal business
hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Ria
Moore Benedict, Deputy Director, Office
of Standards, Regulations, and
Variances at 202–693–9443 (Voice),
benedict.ria@dol.gov (E-mail), or 202–
693–9441 (Telefax), or you can contact
Barbara Barron at 202–693–9447
(Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Telefax).
[These are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
DATES:
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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
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exists that will at all times guarantee no
less than the same measure of protection
afforded the miners of such mine by
such standard; or (2) 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
modifications.
II. Petitions for Modification
Docket Number: M–2006–090–C.
Petitioner: Vandyke Mining, Inc., P.O.
Box 207, Tazewell, Virginia 24651.
Mine: Dom No. 7 Mill Branch Refuse
Pile, Site I.D. 1211 VA5–0358–01, and
(MSHA I.D. No. 44–06718), located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuse piles; general).
Modification Request: The petitioner
requests a modification of the existing
standard to permit abandoned mine
openings to be covered with coarse
scalp rock refuse material. The
petitioner proposes to use scalp rock
refuse to cover the mine bench in an
area containing abandoned mine
openings. The petitioner states that: (1)
This modification will not jeopardize
the safety of any miners at the mine or
refuse disposal area; (2) there are
presently a total of four (4) mine
openings in the area to be filled with
refuse located in Mill Branch of Dismal
near Whitewood in Buchanan County,
Virginia, in the Jawbone coal seam at
the approximate elevation of 1910.00
(formerly mined under Dominion Coal
Corporation, Mine No. 7); and (3) the
existing mine bench will be used as the
location to place scalp rock refuse. The
petitioner further proposes to use the
following methodology to seal the mine
openings: (1) Remove all sloughed
overburden of 10 to 12 feet in front of
and to either side of the drift openings
to allow placement of suitable material
for sealing; (2) Install an 18 pipe wet
seal in the lowest entry to prevent water
from impounding in the mine void. The
pipe will be covered with gravel and the
pipe will extend through the refuse pile
area and directed into the natural
drainage course; (3) Backfill all drifts to
a height of four (4) feet above the drifts
or to four (4) feet above any visible
cracks above the drifts with an
impervious, non-combustible material
which should contain enough fines to
ensure an airtight seal and which is
compacted to 90 percent of the Proctor.
All backfill material will be placed in 2foot lifts; and (4) Backfill all exposed
coal seams in the vicinity of the
openings to a minimum of 4 feet above
the top of the coal seam.
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Docket Number: M–2007–001–C.
Petitioner: Twentymile Coal
Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222.
Mine: Foidel Creek Mine, (MSHA I.D.
No. 05–03856), located in Routt County,
Colorado.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of battery
powered non-permissible hand-held
computers in the return airways. The
petitioner proposes to use Dell AMIM
X50/X50v hand-held computers to
allow supervisors and selected miners
to collect and record data pertinent to
safety observations during work
processes. The data recorded in the
hand-held computers will be
downloaded at the end of the shift and
collated with other data to allow the
petitioner to proactively correct unsafe
practices and prevent accidents before
they occur. In the alternative, the
petitioner would require all hand-held
computers to be examined by a certified
person. In addition, a qualified person
who is properly trained would monitor
continuously for methane before and
during their use. The petitioner would
de-energize any hand-held computers at
methane concentrations of 1.0% or
above.
Docket Number: M–2007–002–C.
Petitioner: Twentymile Coal
Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222.
Mine: Foidel Creek Mine, (MSHA I.D.
No. 05–03836), located in Routt County,
Colorado.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
is amending its petition for modification
of the existing standard to permit an
alternative method of compliance to
permit the use of battery-powered nonpermissible hand-held computers on
longwall faces or within 150 feet of
pillar workings. The petitioner proposes
to use the hand-held computers to allow
supervisors and selected miners to
collect and record data pertinent to
safety observations during work
processes. The petitioner states that the
data will be recorded in the hand-held
computers (such as the Dell AMIM X50/
X50v) and downloaded at the end of the
shift and collated with other data to
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allow Twentymile to proactively correct
unsafe practices and prevent accidents
before they occur. In the alternative, the
petitioner would require all hand-held
computers to be examined by a certified
person. In addition, a qualified person
who is properly trained would monitor
continuously for methane before and
during their use. The petitioner would
de-energize any hand-held computers at
methane concentrations of 1.0% or
above. The petitioner asserts that
implementation of this petition will
enhance the safety of the miners and
improve the overall level of protection
afforded them. The petitioner further
asserts that the proposed alternative
method will provide an equal measure
of protection as that afforded by the
standard.
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Docket Number: M–2007–003–C.
Petitioner: Summit Engineering, Inc.,
on behalf of Stirrat Coal Company, P.O.
Box 484, Omar, West Virginia 25638.
Mine: Mine No. 21, (MSHA I.D. No.
46–02515), located in Logan County,
West Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuse piles; general).
Modification Request: The petitioner
requests modification of the existing
standard to permit four (4) existing mine
openings to be backfilled with acid
producing soil. The petitioner proposes
to: (1) Extend the soil approximately 25
feet into the mine and at least 4 feet in
all directions beyond the limits of the
mine opening; (2) cover any exposed
coal seam along the mine bench with
soil at least 4 feet above the coal seam;
(3) install a rock underdrain along the
mine openings that would consist of
approximately 6-inch (O.D.) SDR 11
high density polyethylene pipes
installed in the lowest elevation mine
opening; and (4) install riser pipes at the
ends of the pipes to establish water
seals. The petitioner states that the
existing mine bench and highwall will
then be reclaimed with breaker rock
coal refuse, and the breaker rock
material will be placed at 3:1V
(Horizontal; Vertical) slope. The
petitioner asserts that the slope shall be
soil covered and revegetated in
accordance with the approved WVDEP
reclamation permit, and since the
existing mine is abandoned, this plan
will provide the same measure of
protection for the miners as given to
them by the standard.
Docket Number: M–2007–004–C.
Petitioner: Pinn Oak Resources, LLC
on behalf of Oak Grove Resources, LLC,
8800 Oak Grove Mine Road, Adger,
Alabama 35006.
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Mine: Oak Grove Mine, (MSHA I.D.
No. 01–00851), located Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.364(b)
(Weekly examination).
Modification Request: The petitioner
requests a modification of the existing
standard to permit a certified person to
make weekly examinations of the
Second East Return using evaluation
points. The petitioner bases its request
on the hazardous conditions of this area.
The petitioner states that: (1) These
evaluation points and all approaches to
the evaluation points will be maintained
in a safe condition; (2) the test for
proper quantity, quality, and direction
of air will be determined weekly by a
certified person at all proposed
evaluation points; and (3) the person
making the examinations and test will
place his/her initials, date, and time at
each proposed evaluation point and
record the results in a book, which will
be maintained on the surface and made
available for inspection by interested
persons. The petitioner further states
that use of evaluation points to measure
air and gas will provide an accurate
picture of the conditions in the air
course without unduly exposing
persons to hazards. The petitioner
asserts that the proposed alternative
method will at all times guarantee no
less than the same measure of protection
of all miners at the Oak Grove Mine.
Docket Number: M–2007–005–C.
Petitioner: ICG Eastern, LLC, P.O. Box
273, Charleston, West Virginia 25301.
Mine: Birch River Mine, (MSHA I.D.
No. 46–07945), located in Webster
County, West Virginia.
Regulation Affected: 30 CFR 77.501
(Electric distribution circuits and
equipment; repair).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method for working on electrical
equipment. The petitioner proposes to:
(1) Designate a certified electrician to
disconnect electricity, to visually
observe that the connecting devices on
high-voltage circuits are in the open
position, lockout the electricity
disconnect where possible, tag the
disconnection device, and test to assure
proper disconnection and ground; (2)
have the designated certified electrician
make personal, verbal contact with all
work areas involved to inform the
workers either by radio, intercom, or in
person, that power has been
disconnected and that circuits or
equipment are ready to repair. The
petitioner states that no work will be
performed until the notification has
been received by the certified electrician
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or the designated person(s) responsible
for performing maintenance work, and
that on occasion, maintenance work will
be performed and the equipment will
need to be de-energized but a certified
electrician may not be required to be
present at the work site if only
maintenance work is being performed.
Petitioner further states that no work
will be performed until the designated
person at the work site reports back to
the designated certified electrician at
the power source that the power has
been de-energized. Petitioner asserts
that the same verification process will
be used to re-energize the equipment.
Petitioner also states that if only one
certified electrician is employed on any
given shift and electrical work has to be
performed, this variance will not apply
and ICG must comply with the
provision of 30 CFR 77.501. The
petitioner has listed additional
procedures in this petition that will be
used when the proposed alternative
method is implemented. Persons may
review a complete description of the
procedures at the MSHA address listed
in this notice. The petitioner asserts that
the alternative method will at all times
guarantee no less that the same measure
of protection from the potential hazards
of accidental electrocution against
which 30 CFR 77.501 was intended to
guard.
Docket Number: M–2007–006–C.
Petitioner: Knight Hawk Coal, LLC,
7290 County Line Road, Cutler, Illinois
62238.
Mine: Prairie Eagle Underground
Mine, (MSHA I.D. No. 11–03147),
located in Perry County, Illinois.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance) and 30 CFR 18.35
(Portable trailing Cables and Cords).
Modification Request: The petitioner
requests a modification of the existing
standard to permit trailing cables that
supply power to permissible equipment
used in continuous mining sections to
be increased to the maximum length.
The petitioner states that: (1) This
petition will only apply to trailing
cables supplying three-phase, 995-volt
power to continuous mining machines
and trailing cables supplying threephase, 480-volt power to roof bolters; (2)
the maximum length of the 995-volt
continuous mining machine trailing
cables will be 950 feet, and the
maximum length of 480-volt trailing
cable for roof bolters will be 900 feet;
and (3) the 995-volt continuous mining
machine trailing cable will not be
smaller than 2/0 and the 480-volt
trailing cables for roof bolters will not
be smaller than #2 AWG. The petitioner
has listed specific procedures in this
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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Notices
petition, such as for trip setting of the
circuit breakers, labeling, inspections,
training, and splicing, which will be
used when the proposed alternative
method is implemented. Persons may
review a complete description of these
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 to all miners
at the Prairie Eagle Underground Mine
as would be provided by the mandatory
standard.
Docket Number: M–2007–001–M.
Petitioner: Ararat Rock Products
Company, P.O. Box 988, Mount Airy,
North Carolina 27030.
Mine: Surry Mine and Mill, (MSHA
I.D. No. 31–00002), located in Surry
County, North Carolina.
Regulation Affected: 30 CFR 56.17001
(Illumination of surface working areas).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of hydraulic
hammers without lights on the booms
on Caterpillar 235C excavator, Serial
Number 2PG00480, and Caterpillar 245
excavator, Serial Number 95V802. The
petitioner states that: (1) They only
operate during the daylight hours of
7:30 a.m. to 4:30 p.m. year round; (2) the
nature of their stone is hard and
produces heavy vibrations, which
presents a problem in maintaining lights
on the booms of the hydraulic hammers;
and (3) all miners will be withdrawn
from the equipment that is in operation
when visibility is limited. The
petitioner further states that in the event
of rain, snow, or fog in the pit area
where the hammers are located all
activity will cease, and the cab lights
will be retained and maintained because
they are not subject to the shock and
vibration like the boom lights. The
petitioner asserts that application of the
existing standard reduces the safety of
the mechanics because constant repair
to the boom lights exposes them to
strains as well as slips, trips, and falls.
Docket Number: M–2007–002–M.
Petitioner: Oldcastle Industrial
Minerals, 550 South Biesecker Road,
Thomasville, Pennsylvania 17364.
Mine: Thomasville Mine, (MSHA I.D.
No. 36–03432), located in York County,
Pennsylvania.
Regulation Affected: 30 CFR 49.2(b)
(Availability of mine rescue teams).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of two mine
rescue teams of three members with one
alternate for each team instead of two
teams of five members and one alternate
for each team. The petitioner states that
the underground mine is small and
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there is not enough room to
accommodate more than three or four
miners in the working places, and to use
five or more rescue team members in the
confined working places of the mine
would result in a diminution of safety
to the miners and the members of the
mine rescue team. Petitioner also asserts
that because electric power does not
reach the bottom of the slope and is
hauled by hand trammed cars, the risk
of disaster is considerably reduced.
Finally, petitioner states that the
Pennsylvania Deep Mine Safety and
other surrounding mines will assist
them in an emergency. The petitioner
asserts that the proposed alternative
method will in no way provide less than
the same measure of protection afforded
the miners under the existing standard.
awareness as to the advantages of hiring
veterans.
Individuals needing special
accommodations should notify Bill
Offutt at (202) 693–4717 by May 7,
2007.
Dated: April 20, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. E7–8004 Filed 4–25–07; 8:45 am]
Notice of Intent To Grant Exclusive
License
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Veterans’ Employment and Training
Service
The Advisory Committee on Veterans’
Employment Training and Employer
Outreach; Notice of Open Meeting
The Advisory Committee on Veterans’
Employment Training and Employer
Outreach (ACVETEO) was established
pursuant to Title II of the Veterans’
Housing Opportunity and Benefits
Improvement Act of 2006 (Pub. L. 109–
233) and Section 9 of the Federal
Advisory Committee Act (FACA) (Pub.
L. 92–462, Title 5 U.S.C. app.II). The
ACVETEO’s authority is codified in
Title 38 U.S. Code, Section 4110. The
ACVETEO’s Charter was signed and
transmitted to the Congress on March
16, 2007.
The ACVETEO is responsible for
assessing employment and training
needs of veterans; determining the
extent to which the programs and
activities of the Department of Labor
meet these needs; and assisting in
carrying out outreach to employers
seeking to hire veterans.
The Advisory Committee on Veterans’
Employment Training and Employer
Outreach will meet on Tuesday, May
15th from 8 a.m. to 4 p.m. at the U.S.
Department of Labor, 200 Constitution
Avenue, NW., Washington DC (202–
693–4700). The committee will discuss
programs assisting veterans seeking
employment and raising employer
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Signed in Washington, DC, this 16th day of
April 2007.
John McWilliam,
Deputy Assistant Secretary, Veterans’
Employment and Training.
[FR Doc. E7–7775 Filed 4–25–07; 8:45 am]
BILLING CODE 4510–79–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice 07–032]
National Aeronautics and
Space Administration.
ACTION: Notice of intent to grant
exclusive license.
AGENCY:
SUMMARY: This notice is issued in
accordance with 35 U.S.C. 209(c)(1) and
37 CFR 404.7(a)(1)(i). NASA hereby
gives notice of its intent to grant an
exclusive license in the United States to
practice the invention described and
claimed in U.S. Patent No. 6,706,549,
Multi-Functional Micro
Electromechanical Devices and Method
of Bulk Manufacturing Same, U.S.
Patent No. 6,769,303, Multi-Functional
Micro Electromechanical Silicon
Carbide Accelerometer, U.S. Patent No.
6,845,664, MEMS Direct Chip Attach
Packaging Methodologies and
Apparatuses for Harsh Environments to
Endevco having its principal place of
business in San Juan Capistrano,
California. The patent rights in these
inventions have been assigned to the
United States of America as represented
by the Administrator of the National
Aeronautics and Space Administration.
The prospective exclusive license will
comply with the terms and conditions
of 35 U.S.C. 209 and 37 CFR 404.7.
DATES: The exclusive license may be
granted unless, within fifteen (15) days
from the date of this published notice,
NASA receives written objections
including evidence and argument that
establish that the grant of the license
would not be consistent with the
requirements of 35 U.S.C. 209 and 37
CFR 404.7. Competing applications
completed and received by NASA
within fifteen (15) days of the date of
this published notice will also be
treated as objections to the grant of the
contemplated exclusive license.
E:\FR\FM\26APN1.SGM
26APN1
]]>Agencies
[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Notices]
[Pages 20885-20888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8004]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
[[Page 20886]]
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: Comments on the petitions must be received by the Office of
Standards, Regulations, and Variances on or before May 29, 2007.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. E-mail: Standards-Petitions@dol.gov.
2. Telefax: 1-202-693-9441.
3. Hand-Delivery or Regular Mail: Submit comments to the Mine
Safety and Health Administration (MSHA), Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2349,
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director,
Office of Standards, Regulations, and Variances.
We 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. If you
submit your comments by hand-delivery, you are required to check in at
the receptionist desk on the 21st floor.
Copies of the petitions and comments will be available during
normal business hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Ria Moore Benedict, Deputy Director,
Office of Standards, Regulations, and Variances at 202-693-9443
(Voice), benedict.ria@dol.gov (E-mail), or 202-693-9441 (Telefax), or
you can contact Barbara Barron 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 that
will at all times guarantee no less than the same measure of protection
afforded the miners of such mine by such standard; or (2) 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 Sec. Sec. 44.10 and 44.11 establish the requirements and
procedures for filing petitions for modifications.
II. Petitions for Modification
Docket Number: M-2006-090-C.
Petitioner: Vandyke Mining, Inc., P.O. Box 207, Tazewell, Virginia
24651.
Mine: Dom No. 7 Mill Branch Refuse Pile, Site I.D. 1211 VA5-0358-
01, and (MSHA I.D. No. 44-06718), located in Buchanan County, Virginia.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the
existing standard to permit abandoned mine openings to be covered with
coarse scalp rock refuse material. The petitioner proposes to use scalp
rock refuse to cover the mine bench in an area containing abandoned
mine openings. The petitioner states that: (1) This modification will
not jeopardize the safety of any miners at the mine or refuse disposal
area; (2) there are presently a total of four (4) mine openings in the
area to be filled with refuse located in Mill Branch of Dismal near
Whitewood in Buchanan County, Virginia, in the Jawbone coal seam at the
approximate elevation of 1910.00 (formerly mined under Dominion Coal
Corporation, Mine No. 7); and (3) the existing mine bench will be used
as the location to place scalp rock refuse. The petitioner further
proposes to use the following methodology to seal the mine openings:
(1) Remove all sloughed overburden of 10 to 12 feet in front of and to
either side of the drift openings to allow placement of suitable
material for sealing; (2) Install an 18 pipe wet seal in the lowest
entry to prevent water from impounding in the mine void. The pipe will
be covered with gravel and the pipe will extend through the refuse pile
area and directed into the natural drainage course; (3) Backfill all
drifts to a height of four (4) feet above the drifts or to four (4)
feet above any visible cracks above the drifts with an impervious, non-
combustible material which should contain enough fines to ensure an
airtight seal and which is compacted to 90 percent of the Proctor. All
backfill material will be placed in 2-foot lifts; and (4) Backfill all
exposed coal seams in the vicinity of the openings to a minimum of 4
feet above the top of the coal seam.
Docket Number: M-2007-001-C.
Petitioner: Twentymile Coal Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
Mine: Foidel Creek Mine, (MSHA I.D. No. 05-03856), located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery powered non-permissible
hand-held computers in the return airways. The petitioner proposes to
use Dell AMIM X50/X50v hand-held computers to allow supervisors and
selected miners to collect and record data pertinent to safety
observations during work processes. The data recorded in the hand-held
computers will be downloaded at the end of the shift and collated with
other data to allow the petitioner to proactively correct unsafe
practices and prevent accidents before they occur. In the alternative,
the petitioner would require all hand-held computers to be examined by
a certified person. In addition, a qualified person who is properly
trained would monitor continuously for methane before and during their
use. The petitioner would de-energize any hand-held computers at
methane concentrations of 1.0% or above.
Docket Number: M-2007-002-C.
Petitioner: Twentymile Coal Company, Three Gateway Center, Suite
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
Mine: Foidel Creek Mine, (MSHA I.D. No. 05-03836), located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner is amending its petition for
modification of the existing standard to permit an alternative method
of compliance to permit the use of battery-powered non-permissible
hand-held computers on longwall faces or within 150 feet of pillar
workings. The petitioner proposes to use the hand-held computers to
allow supervisors and selected miners to collect and record data
pertinent to safety observations during work processes. The petitioner
states that the data will be recorded in the hand-held computers (such
as the Dell AMIM X50/X50v) and downloaded at the end of the shift and
collated with other data to
[[Page 20887]]
allow Twentymile to proactively correct unsafe practices and prevent
accidents before they occur. In the alternative, the petitioner would
require all hand-held computers to be examined by a certified person.
In addition, a qualified person who is properly trained would monitor
continuously for methane before and during their use. The petitioner
would de-energize any hand-held computers at methane concentrations of
1.0% or above. The petitioner asserts that implementation of this
petition will enhance the safety of the miners and improve the overall
level of protection afforded them. The petitioner further asserts that
the proposed alternative method will provide an equal measure of
protection as that afforded by the standard.
Docket Number: M-2007-003-C.
Petitioner: Summit Engineering, Inc., on behalf of Stirrat Coal
Company, P.O. Box 484, Omar, West Virginia 25638.
Mine: Mine No. 21, (MSHA I.D. No. 46-02515), located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests modification of the
existing standard to permit four (4) existing mine openings to be
backfilled with acid producing soil. The petitioner proposes to: (1)
Extend the soil approximately 25 feet into the mine and at least 4 feet
in all directions beyond the limits of the mine opening; (2) cover any
exposed coal seam along the mine bench with soil at least 4 feet above
the coal seam; (3) install a rock underdrain along the mine openings
that would consist of approximately 6-inch (O.D.) SDR 11 high density
polyethylene pipes installed in the lowest elevation mine opening; and
(4) install riser pipes at the ends of the pipes to establish water
seals. The petitioner states that the existing mine bench and highwall
will then be reclaimed with breaker rock coal refuse, and the breaker
rock material will be placed at 3:1V (Horizontal; Vertical) slope. The
petitioner asserts that the slope shall be soil covered and revegetated
in accordance with the approved WVDEP reclamation permit, and since the
existing mine is abandoned, this plan will provide the same measure of
protection for the miners as given to them by the standard.
Docket Number: M-2007-004-C.
Petitioner: Pinn Oak Resources, LLC on behalf of Oak Grove
Resources, LLC, 8800 Oak Grove Mine Road, Adger, Alabama 35006.
Mine: Oak Grove Mine, (MSHA I.D. No. 01-00851), located Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.364(b) (Weekly examination).
Modification Request: The petitioner requests a modification of the
existing standard to permit a certified person to make weekly
examinations of the Second East Return using evaluation points. The
petitioner bases its request on the hazardous conditions of this area.
The petitioner states that: (1) These evaluation points and all
approaches to the evaluation points will be maintained in a safe
condition; (2) the test for proper quantity, quality, and direction of
air will be determined weekly by a certified person at all proposed
evaluation points; and (3) the person making the examinations and test
will place his/her initials, date, and time at each proposed evaluation
point and record the results in a book, which will be maintained on the
surface and made available for inspection by interested persons. The
petitioner further states that use of evaluation points to measure air
and gas will provide an accurate picture of the conditions in the air
course without unduly exposing persons to hazards. The petitioner
asserts that the proposed alternative method will at all times
guarantee no less than the same measure of protection of all miners at
the Oak Grove Mine.
Docket Number: M-2007-005-C.
Petitioner: ICG Eastern, LLC, P.O. Box 273, Charleston, West
Virginia 25301.
Mine: Birch River Mine, (MSHA I.D. No. 46-07945), located in
Webster County, West Virginia.
Regulation Affected: 30 CFR 77.501 (Electric distribution circuits
and equipment; repair).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method for working on
electrical equipment. The petitioner proposes to: (1) Designate a
certified electrician to disconnect electricity, to visually observe
that the connecting devices on high-voltage circuits are in the open
position, lockout the electricity disconnect where possible, tag the
disconnection device, and test to assure proper disconnection and
ground; (2) have the designated certified electrician make personal,
verbal contact with all work areas involved to inform the workers
either by radio, intercom, or in person, that power has been
disconnected and that circuits or equipment are ready to repair. The
petitioner states that no work will be performed until the notification
has been received by the certified electrician or the designated
person(s) responsible for performing maintenance work, and that on
occasion, maintenance work will be performed and the equipment will
need to be de-energized but a certified electrician may not be required
to be present at the work site if only maintenance work is being
performed. Petitioner further states that no work will be performed
until the designated person at the work site reports back to the
designated certified electrician at the power source that the power has
been de-energized. Petitioner asserts that the same verification
process will be used to re-energize the equipment. Petitioner also
states that if only one certified electrician is employed on any given
shift and electrical work has to be performed, this variance will not
apply and ICG must comply with the provision of 30 CFR 77.501. The
petitioner has listed additional procedures in this petition that will
be used when the proposed alternative method is implemented. Persons
may review a complete description of the procedures at the MSHA address
listed in this notice. The petitioner asserts that the alternative
method will at all times guarantee no less that the same measure of
protection from the potential hazards of accidental electrocution
against which 30 CFR 77.501 was intended to guard.
Docket Number: M-2007-006-C.
Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler,
Illinois 62238.
Mine: Prairie Eagle Underground Mine, (MSHA I.D. No. 11-03147),
located in Perry County, Illinois.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35 (Portable trailing Cables and
Cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit trailing cables that supply power to
permissible equipment used in continuous mining sections to be
increased to the maximum length. The petitioner states that: (1) This
petition will only apply to trailing cables supplying three-phase, 995-
volt power to continuous mining machines and trailing cables supplying
three-phase, 480-volt power to roof bolters; (2) the maximum length of
the 995-volt continuous mining machine trailing cables will be 950
feet, and the maximum length of 480-volt trailing cable for roof
bolters will be 900 feet; and (3) the 995-volt continuous mining
machine trailing cable will not be smaller than 2/0 and the 480-volt
trailing cables for roof bolters will not be smaller than 2
AWG. The petitioner has listed specific procedures in this
[[Page 20888]]
petition, such as for trip setting of the circuit breakers, labeling,
inspections, training, and splicing, which will be used when the
proposed alternative method is implemented. Persons may review a
complete description of these 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 to all miners at the Prairie Eagle Underground Mine as would
be provided by the mandatory standard.
Docket Number: M-2007-001-M.
Petitioner: Ararat Rock Products Company, P.O. Box 988, Mount Airy,
North Carolina 27030.
Mine: Surry Mine and Mill, (MSHA I.D. No. 31-00002), located in
Surry County, North Carolina.
Regulation Affected: 30 CFR 56.17001 (Illumination of surface
working areas).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of hydraulic hammers without lights
on the booms on Caterpillar 235C excavator, Serial Number 2PG00480, and
Caterpillar 245 excavator, Serial Number 95V802. The petitioner states
that: (1) They only operate during the daylight hours of 7:30 a.m. to
4:30 p.m. year round; (2) the nature of their stone is hard and
produces heavy vibrations, which presents a problem in maintaining
lights on the booms of the hydraulic hammers; and (3) all miners will
be withdrawn from the equipment that is in operation when visibility is
limited. The petitioner further states that in the event of rain, snow,
or fog in the pit area where the hammers are located all activity will
cease, and the cab lights will be retained and maintained because they
are not subject to the shock and vibration like the boom lights. The
petitioner asserts that application of the existing standard reduces
the safety of the mechanics because constant repair to the boom lights
exposes them to strains as well as slips, trips, and falls.
Docket Number: M-2007-002-M.
Petitioner: Oldcastle Industrial Minerals, 550 South Biesecker
Road, Thomasville, Pennsylvania 17364.
Mine: Thomasville Mine, (MSHA I.D. No. 36-03432), located in York
County, Pennsylvania.
Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue
teams).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of two mine rescue teams of three
members with one alternate for each team instead of two teams of five
members and one alternate for each team. The petitioner states that the
underground mine is small and there is not enough room to accommodate
more than three or four miners in the working places, and to use five
or more rescue team members in the confined working places of the mine
would result in a diminution of safety to the miners and the members of
the mine rescue team. Petitioner also asserts that because electric
power does not reach the bottom of the slope and is hauled by hand
trammed cars, the risk of disaster is considerably reduced. Finally,
petitioner states that the Pennsylvania Deep Mine Safety and other
surrounding mines will assist them in an emergency. The petitioner
asserts that the proposed alternative method will in no way provide
less than the same measure of protection afforded the miners under the
existing standard.
Dated: April 20, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-8004 Filed 4-25-07; 8:45 am]
BILLING CODE 4510-43-P
