Petitions for Modification, 39464-39466 [E7-13921]

Download as PDF 39464 Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices Worker Adjustment Assistance and Alternative Trade Adjustment Assistance. The Department is issuing a restructured paragraph for clarification purposes. Correction This is to correct the ‘‘text’’ caption in the Federal Register of July 9, 2007, in FR Doc. E7–13173, on page 37265, in the third column, under the heading Negative Determinations for Alternative Trade Adjustment Assistance, to read: The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older. Signed in Washington DC this 11th day of July 2007. Ralph Dibattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7–13875 Filed 7–17–07; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. pwalker on PROD1PC71 with NOTICES AGENCY: 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 August 17, 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. VerDate Aug<31>2005 16:02 Jul 17, 2007 Jkt 211001 extinguishers on each Mescher Jeep used at the Mine. If two extinguishers are used, one five pound extinguisher will be mounted in the operators’ deck with the other mounted on the jeep accessible to the operator. If one extinguisher is used, it will be mounted in the operators’ deck. In either case, the petitioner proposes to use a total of ten pounds of fire extinguisher capability on each Mescher Jeep, which will be readily accessible to the operator. The petitioner states that: (1) The equipment operator will inspect each fire FOR FURTHER INFORMATION CONTACT: extinguisher daily before entering the Edward Sexauer, Chief, Regulatory Development Division at 202–693–9444 primary escapeway; and (2) a record of the inspections will be maintained; and (Voice), sexauer.edward@dol.gov (E(3) defective fire extinguishers will be mail), or 202–693–9441 (Telefax), or contact Barbara Barron at 202–693–9447 replaced prior to entering the mine. The petitioner further states that: (1) The (Voice), barron.barbara@dol.gov (Emain travelway of the mine is also the mail), or 202–693–9441 (Telefax). primary escapeway; (2) the amount of [These are not toll-free numbers]. time each Mescher Jeep is in the SUPPLEMENTARY INFORMATION: primary escapeway is limited to the travel time to the face at the start of the I. Background shift, and at mid-shift, to change Section 101(c) of the Federal Mine batteries, and travel out at the end of the Safety and Health Act of 1977 (Mine shift during which time the drag bucket Act) allows the mine operator or is empty and the tractor is not representative of miners to file a petition to modify the application of any transporting coal; (3) employees who operate the Mescher Jeeps in the mandatory safety standard to a coal or primary escapeway have been properly other mine if the Secretary determines trained in the daily inspection of fire that: (1) An alternative method of extinguishers installed on the achieving the result of such standard equipment they operate; and (4) the exists which will at all times guarantee employees have been trained to no less than the same measure of properly operate the fire extinguishers protection afforded the miners of such should it become necessary to mine by such standard; or (2) that the extinguish a fire on the equipment they application of such standard to such operate. The petitioner also states that it mine will result in a diminution of is likely that the application of the safety to the miners in such mine. In existing standard would reduce the addition, the regulations at 30 CFR safety of the affected miners, since fire 44.10 and 44.11 establish the suppression equipment is not presently requirements and procedures for filing available for this type of equipment, and petitions for modifications. currently, technology does not provide II. Petitions for Modification fire suppression equipment for the type of machinery used at the Mine No. 7. Docket Number: M–2007–037–C. Petitioner: Mallie Coal Company, Inc., The petitioner asserts that the proposed alternative method would provide at 8442 Hwy. 6, Corbin, Kentucky 40701. Mine: Mine No. 7, (MSHA I.D. No. 15– least the same measure of protection as the existing standard. 19007), located in Knox County, Docket Number: M–2007–038–C. Kentucky. Petitioner: Mallie Coal Company, Inc., Regulation Affected: 30 CFR 75.380(f)(4)(i) (Escapeways; bituminous 8442 Hwy. 6, Corbin, Kentucky 40701. Mine: Mine No. 7, (MSHA I.D. No. 15– and lignite mines). 19007), located in Knox County, Modification Request: The petitioner Kentucky. requests a modification of the existing Regulation Affected: 30 CFR 75.342 standard to permit an alternative method for the use of mobile equipment (Methane monitors). Modification Request: The petitioner traveling in the primary escapeway. The requests a modification of the existing petitioner asserts that technology has not developed a fire suppression system standard to permit the use of hand-held continuous-duty methane and oxygen that will fit on the type of equipment used in this mine, which has an average indicators in lieu of machine-mounted methane monitors on three-wheel coal seam of 28 inches. The petitioner tractors with drag bottom buckets. The proposes to use one ten pound or two petitioner states that: (1) The operator five pound portable chemical fire 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. 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. PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\18JYN1.SGM 18JYN1 Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices pwalker on PROD1PC71 with NOTICES will be qualified to use the hand-held detectors; (2) a gas test will be taken to determine if any methane concentration is present in the atmosphere prior to allowing the coal-loading tractor in the face area; (3) if one percent (1%) of methane is detected, the operator will manually de-energize his/her battery operated tractor immediately, production will immediately cease, work will be performed to eliminate the elevated methane levels, and production will resume when the methane has been lowered to less than one percent; (4) a spare continuous-duty hand-held methane and oxygen detector will be available to ensure that all coal hauling tractors are equipped with a working detector; and (5) the monitors will be inspected daily and fully charged, calibrated at least every 30 days, and will not be changed from manufacturer’s specifications unless by a person qualified to do so. The petitioner asserts that application of the existing standard reduces protection and the proposed alternative method would greatly increase the safety and well being of miners. Docket Number: M–2007–039–C. Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset, Colorado 81434. Mine: West Elk Mine, (MSHA I.D. No. 05–03672), located in Gunnison County, Colorado. Regulation Affected: 30 CFR 75.380(d)(4) (Escapeway; bituminous and lignite mines). Modification Request: The petitioner requests an amendment to its previous petition for modification, docket number M–94–023–C, to increase the affected distance in the belt entry from 1,050 feet to 2,300 feet with the same terms and conditions as its previously approved petition. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and that application of the approved terms and conditions of the previous petition will at all times provide a safe work environment to the miners. In addition, the petitioner asserts that the requested amendment will provide at least as much protection as the previously granted petition. Docket Number: M–2007–040–C. Petitioner: UAE CoalCorp Associates, One Harmony Road, P.O. Box 0306, Mount Carmel, Pennsylvania. Mine: Harmony Mine, (MSHA I.D. No. 36–07838), located in Columbia County, Pennsylvania. Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general). Modification Request: The petitioner requests a modification of the existing VerDate Aug<31>2005 16:02 Jul 17, 2007 Jkt 211001 standard for its anthracite coal mine to permit the use of 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: (1) A functional safety catch capable of working in slopes with knuckles or curves is not commercially available; (2) a makeshift device would be activated on or by knuckles or curves when no emergency exists; and (3) activation of a safety catch can or will damage the haulage system and subject persons being transported to hazards from dislodged timbering, roof material or guide rails, and being battered about within the conveyance. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M–2007–041–C. Petitioner: Brooks Run Mining Company, LLC, 25 Little Birch Road, Sutton, West Virginia 25601. Mine: Cucumber Mine, (MSHA I.D. No. 46–09066), located in McDowell County, West Virginia. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance). Modification Request: The petitioner requests a modification of the existing standard to permit mining on a complete line of pillars without having to tram the Mine Roof Supports (MRS) units around the pillars. The petitioner states that: (1) This petition will apply only to trailing cables that are at least a No. 6 American Wire Gauge and have a 90 degree insulation rating to supply 575-volt three-phase alternating current to mobile roof supports; (2) the size of the trailing cable will be according to the equipment approval documentation and the maximum cable length will not exceed 800 feet; (3) all circuit breakers used to protect the trailing cables exceeding 600 feet in length will have instantaneous trip units calibrated to trip at 300 amperes; (4) each trip setting of the circuit breakers will be sealed and the circuit breakers will have permanent, legible labels to identify the circuit breaker as being suitable for protecting the cables; (5) during each production day, a person designated by the operator will visually examine the trailing cables to ensure that the cables are in safe operating condition and visually examine the instantaneous settings of the specially calibrated breakers to ensure that the seals have not been removed or tampered with or do not exceed the settings; (6) warning PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 39465 labels will be installed and properly maintained permanently on the cover(s) of the power center or distribution box identifying the location of each sealed short circuit protective device; (7) backspooling and temporary discharging points shall be limited; and (8) Part 48 training plan will be revised to include additional training. The petitioner further states that labels will warn miners not to change or alter the sealed short circuit settings. The petitioner asserts that the proposed alternative method would provide at least the same measure of protection as the existing standard. Docket Number: M–2007–042–C. Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 41763. Mine: Mine # 75, MSHA I.D. No. 15– 17478, located in Perry County, Kentucky. Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination). Modification Request: The petitioner requests a modification of the existing standard to permit check points (examination points) for air volume and quality to be established in two locations of the Return Mains due to water accumulations in these areas that prevent foot travel. The petitioner proposes to establish examination points at certain points to evaluate airflow entering the 2nd Return Mains and exiting the 2nd Return Mains. The petitioner also proposes to establish ventilation check points between certain breaks of the 2nd Return Mains near the installed man doors and in the cutthrough of certain breaks in the 2nd Return Mains. The petitioner states that due to water accumulations and the distance from active works, it is impractical to expose personnel to traveling the affected area. The petitioner describes additional safety precautions, such as, signage and establishing and monitoring air measurement stations, at locations that would allow a certified person to effectively evaluate ventilation in the affected areas of the mine. The petitioner has listed specific additional procedures in this petition that will be used to comply with the proposed alternative method. Individuals may review a complete description of the procedures at the MSHA address listed in this notice. The petitioner asserts that this petition for modification will provide no less protection than the existing standard. E:\FR\FM\18JYN1.SGM 18JYN1 39466 Federal Register / Vol. 72, No. 137 / Wednesday, July 18, 2007 / Notices Dated: July 12, 2007. Jack Powasnik, Acting Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E7–13921 Filed 7–17–07; 8:45 am] BILLING CODE 4510–43–P THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Meetings of Humanities Panel The National Endowment for the Humanities. ACTION: Notice of meetings. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act (Pub. L. 92–463, as amended), notice is hereby given that the following meetings of Humanities Panels will be held at the Old Post Office, 1100 Pennsylvania Avenue, NW., Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Heather C. Gottry, Acting Advisory Committee Management Officer, National Endowment for the Humanities, Washington, DC 20506; telephone (202) 606–8322. Hearingimpaired individuals are advised that information on this matter may be obtained by contacting the Endowment’s TDD terminal on (202) 606–8282. SUPPLEMENTARY INFORMATION: The proposed meetings are for the purpose of panel review, discussion, evaluation and recommendation on applications for financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including discussion of information given in confidence to the agency by the grant applicants. Because the proposed meetings will consider information that is likely to disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential and/or information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, pursuant to authority granted me by the Chairman’s Delegation of Authority to Close Advisory Committee meetings, dated July 19, 1993, I have determined that these meetings will be closed to the public pursuant to subsections (c)(4), and (6) of section 552b of Title 5, United States Code. 1. Date: August 1, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Philosophy I in Fellowships, submitted to the Division VerDate Aug<31>2005 16:02 Jul 17, 2007 Jkt 211001 of Research Programs, at the May 1, 2007 deadline. 2. Date: August 1, 2007. Time: 2 p.m. to 5 p.m. Room: 421. Program: This meeting, which will be by teleconference, will review applications for Public Libraries, submitted to the Office of Challenge Grants, at the May 1, 2007 deadline. 3. Date: August 2, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Romance Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 4. Date: August 2, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Music History and Theory in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 5. Date: August 6, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for American Literature I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 6. Date: August 6, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for American Literature II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 7. Date: August 7, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Ancient and Classical Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 8. Date: August 7, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Medieval and Renaissance Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 9. Date: August 8, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Germanic and Slavic Studies in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 10. Date: August 8, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 Program: This meeting will review applications for Political Science and Jurisprudence in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 11. Date: August 9, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for American History I in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 12. Date: August 9, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Advanced Research Fellowships on Japan in Fellowships for Advanced Research on Japan, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 13. Date: August 10, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Sociology, Anthropology, and Psychology in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 14. Date: August 13, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Comparative Literature and Literary Criticism in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 15. Date: August 13, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Humanities II in Faculty Research Awards, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 16. Date: August 14, 2007. Time: 8:30 a.m. to 5 p.m. Room: 415. Program: This meeting will review applications for Digital Humanities Fellowships III in Digital Humanities Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 17. Date: August 14, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Philosophy II in Fellowships, submitted to the Division of Research Programs, at the May 1, 2007 deadline. 18. Date: August 15, 2007. Time: 8:30 a.m. to 5 p.m. Room: 315. Program: This meeting will review applications for Religious Studies in E:\FR\FM\18JYN1.SGM 18JYN1

Agencies

[Federal Register Volume 72, Number 137 (Wednesday, July 18, 2007)]
[Notices]
[Pages 39464-39466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13921]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration, Labor.

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

-----------------------------------------------------------------------

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 August 17, 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. 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: Edward Sexauer, Chief, Regulatory 
Development Division at 202-693-9444 (Voice), sexauer.edward@dol.gov 
(E-mail), or 202-693-9441 (Telefax), or 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 
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 modifications.

II. Petitions for Modification

    Docket Number: M-2007-037-C.
    Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, 
Kentucky 40701.
    Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County, 
Kentucky.
    Regulation Affected: 30 CFR 75.380(f)(4)(i) (Escapeways; bituminous 
and lignite mines).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for the use of mobile 
equipment traveling in the primary escapeway. The petitioner asserts 
that technology has not developed a fire suppression system that will 
fit on the type of equipment used in this mine, which has an average 
coal seam of 28 inches. The petitioner proposes to use one ten pound or 
two five pound portable chemical fire extinguishers on each Mescher 
Jeep used at the Mine. If two extinguishers are used, one five pound 
extinguisher will be mounted in the operators' deck with the other 
mounted on the jeep accessible to the operator. If one extinguisher is 
used, it will be mounted in the operators' deck. In either case, the 
petitioner proposes to use a total of ten pounds of fire extinguisher 
capability on each Mescher Jeep, which will be readily accessible to 
the operator. The petitioner states that: (1) The equipment operator 
will inspect each fire extinguisher daily before entering the primary 
escapeway; and (2) a record of the inspections will be maintained; and 
(3) defective fire extinguishers will be replaced prior to entering the 
mine. The petitioner further states that: (1) The main travelway of the 
mine is also the primary escapeway; (2) the amount of time each Mescher 
Jeep is in the primary escapeway is limited to the travel time to the 
face at the start of the shift, and at mid-shift, to change batteries, 
and travel out at the end of the shift during which time the drag 
bucket is empty and the tractor is not transporting coal; (3) employees 
who operate the Mescher Jeeps in the primary escapeway have been 
properly trained in the daily inspection of fire extinguishers 
installed on the equipment they operate; and (4) the employees have 
been trained to properly operate the fire extinguishers should it 
become necessary to extinguish a fire on the equipment they operate. 
The petitioner also states that it is likely that the application of 
the existing standard would reduce the safety of the affected miners, 
since fire suppression equipment is not presently available for this 
type of equipment, and currently, technology does not provide fire 
suppression equipment for the type of machinery used at the Mine No. 7. 
The petitioner asserts that the proposed alternative method would 
provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2007-038-C.
    Petitioner: Mallie Coal Company, Inc., 8442 Hwy. 6, Corbin, 
Kentucky 40701.
    Mine: Mine No. 7, (MSHA I.D. No. 15-19007), located in Knox County, 
Kentucky.
    Regulation Affected: 30 CFR 75.342 (Methane monitors).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of hand-held continuous-duty 
methane and oxygen indicators in lieu of machine-mounted methane 
monitors on three-wheel tractors with drag bottom buckets. The 
petitioner states that: (1) The operator

[[Page 39465]]

will be qualified to use the hand-held detectors; (2) a gas test will 
be taken to determine if any methane concentration is present in the 
atmosphere prior to allowing the coal-loading tractor in the face area; 
(3) if one percent (1%) of methane is detected, the operator will 
manually de-energize his/her battery operated tractor immediately, 
production will immediately cease, work will be performed to eliminate 
the elevated methane levels, and production will resume when the 
methane has been lowered to less than one percent; (4) a spare 
continuous-duty hand-held methane and oxygen detector will be available 
to ensure that all coal hauling tractors are equipped with a working 
detector; and (5) the monitors will be inspected daily and fully 
charged, calibrated at least every 30 days, and will not be changed 
from manufacturer's specifications unless by a person qualified to do 
so. The petitioner asserts that application of the existing standard 
reduces protection and the proposed alternative method would greatly 
increase the safety and well being of miners.

    Docket Number: M-2007-039-C.
    Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset, 
Colorado 81434.
    Mine: West Elk Mine, (MSHA I.D. No. 05-03672), located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.380(d)(4) (Escapeway; bituminous and 
lignite mines).
    Modification Request: The petitioner requests an amendment to its 
previous petition for modification, docket number M-94-023-C, to 
increase the affected distance in the belt entry from 1,050 feet to 
2,300 feet with the same terms and conditions as its previously 
approved petition. The petitioner asserts that application of the 
existing standard will result in a diminution of safety to the miners 
and that application of the approved terms and conditions of the 
previous petition will at all times provide a safe work environment to 
the miners. In addition, the petitioner asserts that the requested 
amendment will provide at least as much protection as the previously 
granted petition.
    Docket Number: M-2007-040-C.
    Petitioner: UAE CoalCorp Associates, One Harmony Road, P.O. Box 
0306, Mount Carmel, Pennsylvania.
    Mine: Harmony Mine, (MSHA I.D. No. 36-07838), located in Columbia 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard for its anthracite coal mine to permit the use of 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: (1) A functional safety catch 
capable of working in slopes with knuckles or curves is not 
commercially available; (2) a makeshift device would be activated on or 
by knuckles or curves when no emergency exists; and (3) activation of a 
safety catch can or will damage the haulage system and subject persons 
being transported to hazards from dislodged timbering, roof material or 
guide rails, and being battered about within the conveyance. The 
petitioner asserts that the proposed alternative method would provide 
at least the same measure of protection as the existing standard.

    Docket Number: M-2007-041-C.
    Petitioner: Brooks Run Mining Company, LLC, 25 Little Birch Road, 
Sutton, West Virginia 25601.
    Mine: Cucumber Mine, (MSHA I.D. No. 46-09066), located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit mining on a complete line of pillars 
without having to tram the Mine Roof Supports (MRS) units around the 
pillars. The petitioner states that: (1) This petition will apply only 
to trailing cables that are at least a No. 6 American Wire Gauge and 
have a 90 degree insulation rating to supply 575-volt three-phase 
alternating current to mobile roof supports; (2) the size of the 
trailing cable will be according to the equipment approval 
documentation and the maximum cable length will not exceed 800 feet; 
(3) all circuit breakers used to protect the trailing cables exceeding 
600 feet in length will have instantaneous trip units calibrated to 
trip at 300 amperes; (4) each trip setting of the circuit breakers will 
be sealed and the circuit breakers will have permanent, legible labels 
to identify the circuit breaker as being suitable for protecting the 
cables; (5) during each production day, a person designated by the 
operator will visually examine the trailing cables to ensure that the 
cables are in safe operating condition and visually examine the 
instantaneous settings of the specially calibrated breakers to ensure 
that the seals have not been removed or tampered with or do not exceed 
the settings; (6) warning labels will be installed and properly 
maintained permanently on the cover(s) of the power center or 
distribution box identifying the location of each sealed short circuit 
protective device; (7) back-spooling and temporary discharging points 
shall be limited; and (8) Part 48 training plan will be revised to 
include additional training. The petitioner further states that labels 
will warn miners not to change or alter the sealed short circuit 
settings. The petitioner asserts that the proposed alternative method 
would provide at least the same measure of protection as the existing 
standard.

    Docket Number: M-2007-042-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine  75, MSHA I.D. No. 15-17478, located in Perry 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit check points (examination points) for air 
volume and quality to be established in two locations of the Return 
Mains due to water accumulations in these areas that prevent foot 
travel. The petitioner proposes to establish examination points at 
certain points to evaluate airflow entering the 2nd Return Mains and 
exiting the 2nd Return Mains. The petitioner also proposes to establish 
ventilation check points between certain breaks of the 2nd Return Mains 
near the installed man doors and in the cut-through of certain breaks 
in the 2nd Return Mains. The petitioner states that due to water 
accumulations and the distance from active works, it is impractical to 
expose personnel to traveling the affected area. The petitioner 
describes additional safety precautions, such as, signage and 
establishing and monitoring air measurement stations, at locations that 
would allow a certified person to effectively evaluate ventilation in 
the affected areas of the mine. The petitioner has listed specific 
additional procedures in this petition that will be used to comply with 
the proposed alternative method. Individuals may review a complete 
description of the procedures at the MSHA address listed in this 
notice. The petitioner asserts that this petition for modification will 
provide no less protection than the existing standard.


[[Page 39466]]


    Dated: July 12, 2007.
Jack Powasnik,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
[FR Doc. E7-13921 Filed 7-17-07; 8:45 am]
BILLING CODE 4510-43-P