Petitions for Modification, 53264-53266 [E7-18367]
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53264
Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices
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be submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted for
‘‘sixty days’’ until November 19, 2007.
This process is conducted in accordance
with 5 CFR 1320.10.
If you have comments especially on
the estimated public burden or
associated response time, suggestions,
or need a copy of the proposed
information collection instrument with
instructions or additional information,
please write to U. S. Department of
Justice, 10th & Constitution Avenue,
NW., National Security Division,
Counterespionage Section/Registration
Unit, Bond Building—Room 9300,
Washington, DC 20530. If you need a
copy of the collection instrument with
instructions, or have additional
information, please contact the
Registration Unit at 202–514–1216.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Extension of currently approved
information collection.
(2) Title of the Form/Collection:
Exhibit A to Registration Statement
(Foreign Agents).
(3) The agency form number, if any,
and the applicable component of the
Department of Justice sponsoring the
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19:28 Sep 17, 2007
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collection: Form Number: NSD–3.
National Security Division, U.S.
Department of Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit, not-for-profit institutions, and
individuals or households. The form is
used to register foreign agents as
required by the Foreign Agents
Registration Act of 1938, as amended,
22 U.S.C. 611, et seq., must set forth the
information required to be disclosed
concerning each foreign principal, and
must be utilized within 10 days of date
contract is made or when initial activity
occurs, whichever is first.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average response: The
total estimated number of responses is
164 at approximately .49 hours (29
minutes) per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 80
annual total burden hours associated
with this information collection.
If additional information is required
contact: Lynn Bryant, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
Department of Justice, Patrick Henry
Building, Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: September 12, 2007.
Lynn Bryant,
Department Clearance Officer, Department of
Justice.
[FR Doc. E7–18322 Filed 9–17–07; 8:45 am]
BILLING CODE 4410–PF–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.
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.
Comments on the petitions must
be received by the Office of Standards,
DATES:
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Regulations, and Variances on or before
October 18, 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, VA 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 (Email), or 202–693–9441 (Telefax), or
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:
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–2007–049–C.
Petitioner: Armstrong Coal Company,
Inc., 407 Brown Road, Madisonville,
Kentucky 42431.
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Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices
Mine: Big Run Mine, MSHA I.D. No.
15–18552, located in Ohio County,
Kentucky.
Regulation Affected: 30 CFR
75.1908(a)(1) (Nonpermissible dieselpowered equipment; categories).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance for the
requirement that equipment that cuts or
moves rock or coal be included in the
category of heavy-duty diesel-powered
equipment. Specifically, the Big Run
Mine operates a ‘‘mini-trac’’ fork lift
tractor and will replace the forks with
a bucket for limited use. Gas test will be
conducted as required under 30 CFR
75.1914(g) (ATX 620 multi-gas
detectors) as recommended in the
guidelines from the Center for Diesel
Research (An Emissions-Assisted
Maintenance Procedures for Diesel
Equipment, ‘‘Evaluation of Technology
to Reduce Diesel Particulates’’). These
guidelines serve as the basis for the
standard operating procedures. The
petitioner states that: (1) With the
procedures in place, those working in
the mine will be in the intake (fresh air)
at all times and at no time will any
miner be subject to the exhaust
emissions generated from the mini-trac;
(2) two 20-pound fire extinguishers and
240 pounds of rock dust will be
maintained within 150 feet of the minitrac at all times in addition to the fire
suppression system located on the minitrac; (3) the mini-trac will be used to
clean the escapeway on a limited basis
only when the mine is idle and when
the mine returns back to production, use
of the mini-trac with forks attached only
for hauling supplies; (4) no more than
five miners will be underground while
the mini-trac is in use during
rehabilitation of the air course; (5) the
miners who are underground will be
stationed outby the machine and will
not be exposed to dust or gases inby
during rehabilitation of the air course;
and (6) training will be provided to each
miner who operates the mini-trac in the
proper inspection and recognition of
any deficiencies in the use of the
equipment. The petitioner asserts that
the proposed alternative method will at
all times guarantee no less than the
same measure of protection afforded by
the standard.
Docket Number: M–2007–050–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: # 11 Slope Mine, MHSA I.D.
No. 36–09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 49.2(b)
(Availability of mine rescue teams).
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Modification Request: The petitioner
requests a modification of the existing
standard to permit the 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 a small anthracite
mine 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. Further, the
petitioner states that the mining method
used greatly reduces the threat of a
disaster and need for rescue teams. 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.
Docket Number: M–2007–051–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR 49.6(a)(1)
& (5) (Equipment and maintenance
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of eight selfcontained breathing apparatus and eight
permissible cap lamps and charging
rack instead of using twelve selfcontained oxygen breathing apparatus
and twelve permissible cap lamps and
charging rack at each mine rescue
station for its seven member rescue
team. The petitioner asserts that the
proposed alternative method would not
alter, change, or reduce the ability,
effectiveness or safety of the
underground mine personnel.
Docket Number: M–2007–053–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR 75.360
(Preshift examination at fixed intervals).
Modification Request: The petitioner
proposes to modify the application of
the standard at its above referenced
anthracite coal mine to permit an
alternative method of examination and
evaluation. The petitioner’s intake slope
has a pitch of 66 degrees. The petitioner
would: (1) Conduct an examination and
evaluation from the slope gunboat
during the pre-shift examination after an
air quantity reading is taken just inby
the intake portal, including a visual
examination of each seal for physical
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53265
damage; (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
tests are taken prior to anyone entering
the mine and properly record the
results. The petitioner states that: (1)
The slope will be traveled and
physically examined in its entire length
on a monthly basis regardless of
conditions found at the section
evaluation point; (2) the dates, times,
and examiner’s initials will be placed at
sufficient locations throughout, and
results of the examination will be
recorded on the surface; and (3) any
hazards detected 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.
Docket Number: M–2007–054–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1100–
2(a)(2) (Quantity and location of
firefighting equipment).
Modification Request: The petitioner
requests a modification of the existing
standard 30 CFR 75.1100–2(a)(2), which
requires that each working section of
underground coal mines producing less
than 300 tons of coal per shift be
provided with specified firefighting
equipment and supplies. The equipment
and supplies include two portable fire
extinguishers, 240 pounds of rock dust
in bags or other suitable containers, and
at least 500 gallons of water and at least
3 pails of 10 quart capacity. 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 are not
practical. The petitioner states that
equipping its small anthracite mine
with two portable fire extinguishers
near the slope bottom and an additional
portable fire extinguisher within 500
feet of the working face will provide no
less than the same measure of protection
as under the existing standard. The
mine produces low volatile coal and the
working section requires frequent dewatering. The petitioner asserts that the
proposed alternative method would
provide at least the same measure of
protection as the existing standard.
Docket Number: M–2007–055–C.
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53266
Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Notices
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR
75.1200(d) & (i) (Mine map).
Modification Request: 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
veins being mined, except when these
veins are interconnected to other veins
beyond the 100-foot limit, through rock
tunnels. The petitioner states that
contours provide no useful information
due to the steep pitch encountered in
mining anthracite coal veins, and their
presence would make portions of the
map illegible. 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 the proximity to
other mine workings, which fluctuate
considerably. Additionally, the
petitioner states that the mine workings
above and below are usually inactive
and abandoned, and therefore not
subject to changes during the life of the
mine. The petitioner states that all
mapping for mines above and below are
researched by its contract engineer for
the presence of interconnecting rock
tunnels between veins in relation to the
mine and a hazard analysis is done
when mapping indicates the presence of
known or potentially flooded workings.
The 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, where possible.
Where potential hazards exist and inmine 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.
Docket Number: M–2007–056–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
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Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1202
and 75.1202–1(a) (Temporary notations,
revisions, and supplements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the required interval
of survey to be established on an annual
basis from the initial survey lieu of
every 6 months. The petitioner proposes
to update the mine map by hand
notations on a daily basis, conduct
subsequent surveys prior to
commencing retreat mining, and when
either a drilling program under 30 CFR
75.388 or plan for mining into
accessible areas under 30 CFR 75.389 is
required. The petitioner states that: (1)
Low production and slow rate of
advance in anthracite mining make
surveying on 6 month intervals
impractical and, in most cases, annual
development is frequently limited to
less than 500 feet of gangway advance
with associated up-pitch development;
(2) the majority of small anthracite
mines are using non-mechanized, handloading mining methods; (3)
development above the active gangway
is designed to mine into the level above
at designated intervals thereby
maintaining sufficient control between
both surveyed gangways; and (4) the
available engineering/surveyor
resources are very limited in anthracite
coal fields which makes surveying
difficult to achieve. The petitioner
asserts that the proposed alternative
method would provide at least the same
measure of protection as the existing
standard.
Docket Number: M–2007–057–C.
Petitioner: Chestnut Coal Company,
RR 3, Box 142, Sunbury, Pennsylvania
17801.
Mine: #11 Slope Mine, MSHA I.D. No.
36–09475, located in Northumberland
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1400
(Hoisting equipment; general).
Modification Request: 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 a
functional safety catch has not been
developed and that the proposed
alternative method would provide at
least the same measure of protection as
the existing standard.
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Dated: September 12, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. E7–18367 Filed 9–17–07; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2007–0071)]
Procedures for the Handling of
Discrimination Complaints Under
Federal Employee Protection Statutes;
Extension of the Office of Management
and Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comment.
AGENCY:
SUMMARY: OSHA solicits comment
concerning its proposal to extend OMB
approval of the information collection
requirements for handling of
discrimination complaints under
Federal Employee Protection Statutes
contained in regulations at: 29 CFR Part
24, Procedures for the Handling of
Discrimination Complaints under
Federal Employee Protection Statutes;
29 CFR Part 1979, Procedures for
Handling Discrimination Complaints
Under Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century; 29 CFR Part 1980, Procedures
for Handling of Discrimination
Complaints Under Section 806 of the
Corporate and Criminal Fraud
Accountability Act of 2002, Title VIII of
the Sarbanes-Oxley Act 2002; and 29
CFR Part 1981 Procedures for the
Handling of Discrimination Complaints
under Section 6 of the Pipeline Safety
and Improvement Act of 2002 (i.e.,
These Regulations). These regulations
set forth procedures employees must
use to file a complaint with OSHA
alleging that their employer violated a
Federal statute that prohibits retaliation
against employees who engage in
activities protected by the various
employee protection statutes.
DATES: Comments must be submitted
(postmarked, sent or received) by
November 19, 2007.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
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]]>Agencies
[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Notices]
[Pages 53264-53266]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18367]
=======================================================================
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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 October 18, 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, VA 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-2007-049-C.
Petitioner: Armstrong Coal Company, Inc., 407 Brown Road,
Madisonville, Kentucky 42431.
[[Page 53265]]
Mine: Big Run Mine, MSHA I.D. No. 15-18552, located in Ohio County,
Kentucky.
Regulation Affected: 30 CFR 75.1908(a)(1) (Nonpermissible diesel-
powered equipment; categories).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance for the
requirement that equipment that cuts or moves rock or coal be included
in the category of heavy-duty diesel-powered equipment. Specifically,
the Big Run Mine operates a ``mini-trac'' fork lift tractor and will
replace the forks with a bucket for limited use. Gas test will be
conducted as required under 30 CFR 75.1914(g) (ATX 620 multi-gas
detectors) as recommended in the guidelines from the Center for Diesel
Research (An Emissions-Assisted Maintenance Procedures for Diesel
Equipment, ``Evaluation of Technology to Reduce Diesel Particulates'').
These guidelines serve as the basis for the standard operating
procedures. The petitioner states that: (1) With the procedures in
place, those working in the mine will be in the intake (fresh air) at
all times and at no time will any miner be subject to the exhaust
emissions generated from the mini-trac; (2) two 20-pound fire
extinguishers and 240 pounds of rock dust will be maintained within 150
feet of the mini-trac at all times in addition to the fire suppression
system located on the mini-trac; (3) the mini-trac will be used to
clean the escapeway on a limited basis only when the mine is idle and
when the mine returns back to production, use of the mini-trac with
forks attached only for hauling supplies; (4) no more than five miners
will be underground while the mini-trac is in use during rehabilitation
of the air course; (5) the miners who are underground will be stationed
outby the machine and will not be exposed to dust or gases inby during
rehabilitation of the air course; and (6) training will be provided to
each miner who operates the mini-trac in the proper inspection and
recognition of any deficiencies in the use of the equipment. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded by
the standard.
Docket Number: M-2007-050-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: 11 Slope Mine, MHSA I.D. No. 36-09475, located in
Northumberland 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 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 a small anthracite mine 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. Further, the petitioner states that the
mining method used greatly reduces the threat of a disaster and need
for rescue teams. 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.
Docket Number: M-2007-051-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 49.6(a)(1) & (5) (Equipment and
maintenance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of eight self-contained breathing
apparatus and eight permissible cap lamps and charging rack instead of
using twelve self-contained oxygen breathing apparatus and twelve
permissible cap lamps and charging rack at each mine rescue station for
its seven member rescue team. The petitioner asserts that the proposed
alternative method would not alter, change, or reduce the ability,
effectiveness or safety of the underground mine personnel.
Docket Number: M-2007-053-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed
intervals).
Modification Request: The petitioner proposes to modify the
application of the standard at its above referenced anthracite coal
mine to permit an alternative method of examination and evaluation. The
petitioner's intake slope has a pitch of 66 degrees. The petitioner
would: (1) Conduct an examination and evaluation from the slope gunboat
during the pre-shift examination after an air quantity reading is taken
just inby the intake portal, including a visual examination of each
seal for physical damage; (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 tests are taken prior
to anyone entering the mine and properly record the results. The
petitioner states that: (1) The slope will be traveled and physically
examined in its entire length on a monthly basis regardless of
conditions found at the section evaluation point; (2) the dates, times,
and examiner's initials will be placed at sufficient locations
throughout, and results of the examination will be recorded on the
surface; and (3) any hazards detected 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.
Docket Number: M-2007-054-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1100-2(a)(2) (Quantity and location
of firefighting equipment).
Modification Request: The petitioner requests a modification of the
existing standard 30 CFR 75.1100-2(a)(2), which requires that each
working section of underground coal mines producing less than 300 tons
of coal per shift be provided with specified firefighting equipment and
supplies. The equipment and supplies include two portable fire
extinguishers, 240 pounds of rock dust in bags or other suitable
containers, and at least 500 gallons of water and at least 3 pails of
10 quart capacity. 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
are not practical. The petitioner states that equipping its small
anthracite mine with two portable fire extinguishers near the slope
bottom and an additional portable fire extinguisher within 500 feet of
the working face will provide no less than the same measure of
protection as under the existing standard. The mine produces low
volatile coal and the working section requires frequent de-watering.
The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing
standard.
Docket Number: M-2007-055-C.
[[Page 53266]]
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
Modification Request: 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 veins being mined, except when
these veins are interconnected to other veins beyond the 100-foot
limit, through rock tunnels. The petitioner states that contours
provide no useful information due to the steep pitch encountered in
mining anthracite coal veins, and their presence would make portions of
the map illegible. 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 the proximity to other mine workings, which fluctuate
considerably. Additionally, the petitioner states that the mine
workings above and below are usually inactive and abandoned, and
therefore not subject to changes during the life of the mine. The
petitioner states that all mapping for mines above and below are
researched by its contract engineer for the presence of interconnecting
rock tunnels between veins in relation to the mine and a hazard
analysis is done when mapping indicates the presence of known or
potentially flooded workings. The 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, where possible. Where potential hazards
exist and in-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.
Docket Number: M-2007-056-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary
notations, revisions, and supplements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the required interval of survey to be
established on an annual basis from the initial survey lieu of every 6
months. The petitioner proposes to update the mine map by hand
notations on a daily basis, conduct subsequent surveys prior to
commencing retreat mining, and when either a drilling program under 30
CFR 75.388 or plan for mining into accessible areas under 30 CFR 75.389
is required. The petitioner states that: (1) Low production and slow
rate of advance in anthracite mining make surveying on 6 month
intervals impractical and, in most cases, annual development is
frequently limited to less than 500 feet of gangway advance with
associated up-pitch development; (2) the majority of small anthracite
mines are using non-mechanized, hand-loading mining methods; (3)
development above the active gangway is designed to mine into the level
above at designated intervals thereby maintaining sufficient control
between both surveyed gangways; and (4) the available engineering/
surveyor resources are very limited in anthracite coal fields which
makes surveying difficult to achieve. The petitioner asserts that the
proposed alternative method would provide at least the same measure of
protection as the existing standard.
Docket Number: M-2007-057-C.
Petitioner: Chestnut Coal Company, RR 3, Box 142, Sunbury,
Pennsylvania 17801.
Mine: 11 Slope Mine, MSHA I.D. No. 36-09475, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
Modification Request: 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 a functional safety catch has not been
developed and that the proposed alternative method would provide at
least the same measure of protection as the existing standard.
Dated: September 12, 2007.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E7-18367 Filed 9-17-07; 8:45 am]
BILLING CODE 4510-43-P
