Petitions for Modification, 34366-34369 [E9-16741]
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34366
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices
Preference will also be given to
applicants with a record of working
with similar subject matter expert
groups in criminal justice.
Application Requirements:
Applications should be concisely
written, typed double spaced and
reference the ‘‘NIC Opportunity
Number’’ and Title provided in this
announcement. Please limit the program
narrative text to 20 double spaced,
numbered pages. The application
package must include: a cover letter that
identifies the audit agency responsible
for the applicant’s financial accounts as
well as the audit period or fiscal year
that the applicant operates under (e.g.,
July 1 through June 30), a program
narrative responding to the
requirements in this announcement, a
description of the qualifications of the
applicant(s), an outline explaining
projected costs, and the following forms:
OMB Standard Form 424, Application
for Federal Assistance, OMB Standard
Form 424A, Budget Information—Non
Construction Programs, OMB Standard
Form 424B, Assurances—Non
Construction Programs (these forms are
available at https://www.grants.gov) and
DOJ/NIC Certification Regarding
Lobbying; Debarment, Suspension and
Other Responsibility Matters; and DrugFree Workplace Requirements (available
at https://www.nicic.org/Downloads/
PDF/certif-frm.pdf).
Applications may be submitted in
hard copy, or electronically via https://
www.grants.gov. If submitted in hard
copy, there must be one, unbound
original plus three copies of the full
proposal (program and budget
narratives, application forms and
assurances). The original should have
the applicant’s signature in blue ink.
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Authority: Public Law 93–415.
Funds Available: Up to $100,000 is
available for this project, subject to
available funding, but preference will be
given to applicants who provide the
most cost efficient solutions in
accomplishing the scope of work.
Determination will be made based on
best value to the Government, not
necessarily the lowest bid. Funds may
only be used for the activities that are
directly related to the project.
Eligibility of Applicants: An eligible
applicant is any public or private
agency, educational institution,
organization, individual or team with
expertise in the described areas.
This project will be a collaborative
venture with the NIC Research and
Evaluation Division.
Review Considerations: Applications
received under this announcement will
be subject to the NIC Review Process.
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The criteria for the evaluation of each
application will be as follows:
Mine Safety and Health Administration
Organizational (75%)
Does the applicant have the necessary
capacity and staff with the skills,
knowledge, and expertise to
demonstrate a high level of competency
to carry out the tasks? Are the proposed
project management and staffing plans
realistic and sufficient to complete the
project? Has the organization had past
experience in organizing similar events
in the criminal justice area?
Budget (25%)
Is the proposed budget realistic,
provide sufficient cost detail/narrative,
and represent good value relative to the
anticipated results? Is there evidence
that the applicant has proposed the
most cost effective way of performing
the work? Are there any innovative
strategies proposed to contain costs?
Note: NIC will not award a cooperative
agreement to an applicant who does not have
a Dun and Bradstreet Database Universal
Number (DUNS) and is not registered in the
Central Contractor Registry (CCR).
A DUNS number can be received at
no cost by calling the dedicated toll-free
DUNS number request line at 1–800–
333–0505 (if you are a sole proprietor,
you would dial 1–866–705–5711 and
select option 1).
Registration in the CCR can be done
online at the CCR Web site: https://
www.ccr.gov. A CCR Handbook and
work sheet can also be reviewed at the
Web site.
Publications produced under this
award must follow the ‘‘Guidelines for
Preparing and Submitting Manuscripts
for Publication’’ as found in the General
Guidelines for Cooperative Agreements
which will be included in the award
package.
Number of Awards: One.
NIC Opportunity Number: 09PEI30.
This number should appear as a
reference line in the cover letter, where
the opportunity number is requested on
the Standard Form 424, and outside of
the envelope in which the application is
sent.
Catalog of Federal Domestic
Assistance Number: 16.602. Executive
Order 12372: This program is not
subject to the provisions of Executive
Order 12372.
Morris L. Thigpen,
Director, National Institute of Correction.
[FR Doc. E9–16744 Filed 7–14–09; 8:45 am]
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DEPARTMENT OF LABOR
Petitions for Modification
AGENCY: Mine Safety and Health
Administration, Labor.
ACTION: Notice of petitions for
modification of existing mandatory
safety standards.
SUMMARY: Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
filed by the parties listed below to
modify the application of existing
mandatory safety standards published
in Title 30 of the Code of Federal
Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before August 14, 2009.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: StandardsPetitions@dol.gov.
2. Facsimile: 1–202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209, Attention:
Patricia W. Silvey, Director, Office of
Standards, Regulations and Variances.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director,
Office of Standards, Regulations and
Variances.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
Individuals who submit comments by
hand-delivery are required to check in
at the receptionist desk on the 21st
floor.
Individuals may inspect copies of the
petitions and comments during normal
business hours at the address listed
above.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(E-mail), or 202–693–9441 (Telefax).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary determines
that: (1) An alternative method of
achieving the result of such standard
exists which will at all times guarantee
no less than the same measure of
protection afforded the miners of such
mine by such standard; or (2) that the
application of such standard to such
mine will result in a diminution of
safety to the miners in such mine. In
addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
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II. Petitions for Modification
Docket Number: M–2009–015–C.
Petitioner: UtahAmerican Energy,
Inc., P.O. Box 910, East Carbon, Utah
84520.
Mine: Lila Canyon Mine, MSHA I.D.
No. 42–02241, located in Emery County,
Utah.
Regulation Affected: 30 CFR 75.350(a)
(Belt air course ventilation).
Modification Request: The petitioner
requests site specific relief from
application of the existing standard to
permit the use of return air in the belt
air course. The petitioner states that: (a)
Relief from the standard will only be in
effect during the underground
development process, to establish a
ventilation breakout to the surface; and
(b) relief from the standard will only be
applicable to the underground ‘‘Rock
Slope’’ area and will terminate upon
establishing the ventilation breakout in
the coal seam to the surface. The
petitioner proposes to: (1) Install an
atmospheric monitoring system (AMS)
incorporating diesel discriminating
(carbon monoxide and nitric oxide)
sensors for early warning fire detection
in the primary escapeway (intake) entry
and the belt entry; (2) have the air in the
monitoring entry(s) at a velocity of at
least 50 feet per minute and have
definite and distinct movement in the
designated direction. The velocity
measurements will be determined at
locations in the entry which are
representative of the cross-sectional
areas found through the entry and not
at locations where the entry is
abnormally high (e.g. belt drives) or low
(e.g. under overcasts); (3) determine the
correct carbon monoxide ambient, alert,
and alarm levels upon implementation
of this site specific petition with the
carbon monoxide ambient level at 5
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ppm, and the alert and alarm levels at
10 ppm and 15 ppm respectively above
the ambient; (4) incorporate time delays
in the AMS, when a demonstrated need
exists, to account for non-fire related
carbon monoxide alert and alarm sensor
signals; with time delays limited to
three minutes. The length of any time
delays or other techniques or methods
that eliminate or reduce the need for
time delays will be specified and
approved in the mine ventilation plan;
(5) the AMS will activate an alarm
signal if the total concentration on
uncorrected carbon monoxide measured
by any sensor exceeds or is equal to 50
ppm. The concentration will represent
all the carbon monoxide present in the
sensor’s atmosphere which includes
carbon monoxide from diesel engines;
(6) the methane monitoring system will
be capable of providing both audible
and visual signals on both the working
section and at a manned location on the
surface of the mine where personnel
will be on duty at all times when miners
are underground. When the methane
level is 1.0 volume per centum, the
monitoring system will initiate alarm
signals; (7) design and install the
methane monitoring system to deenergize the belt conveyor drive units
when the methane level is 1.0 volume
per centum. A trained person at the
surface location will have two-way
communication with the working
section; (8) an AMS will be operating
and a designated AMS operator will be
on duty at a location on the surface of
the mine where audible and visual
signals from the AMS will be seen or
heard and the AMS operator can
promptly respond to these signals,
whenever personnel are underground;
(9) provide visual and audible signals at
the designated surface location for any
interruption of circuit continuity and
any electrical malfunction of the system
and have the signals at a sufficient
magnitude to be seen or heard by the
AMS operator; (10) provide sensors to
detect carbon monoxide, nitric oxide, or
methane that will be visually examined
at least once each shift when belts are
operated as part of a production shift;
and (11) when a malfunction, alert, or
alarm signal is received at the
designated surface, the sensor(s) that are
activated will be identified and the
AMS operator will promptly notify
appropriate personnel, including the
‘‘responsible person(s)’’ as referenced in
30 CFR 75.1501 on the affected working
section(s) and in the affected areas
where mechanized mining equipment is
being installed or removed. In addition,
an immediate investigation of the cause
of the signal shall begin and the
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34367
required actions set forth in this site
specific petition will be taken. Persons
may review a complete description of
the petitioner’s alternative procedures at
the MSHA address listed in this notice.
The petitioner asserts that the proposed
alternative method will at all times
guarantee no less than the same measure
of protection afforded the miners by the
existing standard.
Docket Number: M–2009–016–C.
Petitioner: RoxCoal, Inc., 1576
Stoystown Road, P.O. Box 149,
Friedens, Pennsylvania 15541.
Mine: Augustus Mine, MSHA I.D. No.
36–08636; Geronimo Mine, MSHA I.D.
No. 36–08645; Horning Mine, MSHA
I.D. No. 36–09666; Kimberly Run Mine,
MSHA I.D. No. 36–09549; Miller Mine,
MSHA I.D. No. 36–08622; Quecreek #1
Mine, MSHA I.D. No. 36–08746;
Roytown Mine, MSHA I.D. No. 36–
09260, all located in Somerset County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered non-permissible surveying
equipment in or inby the last crosscut.
The petitioner states that: (1) All nonpermissible electronic surveying
equipment used in or inby the last open
crosscut will be examined prior to use
to ensure the equipment is being
maintained in a safe operating
condition; (2) the equipment will be
examined by a qualified person at
intervals not to exceed 7 days; (3)
results of the examinations will be
recorded in the weekly examination
electrical equipment book. The
examinations will include: (i) Checking
the instrument for any physical damage
and the integrity of the case; (ii)
removing the battery and inspecting for
corrosion; (iii) inspecting the contact
points to ensure a secure connection to
the battery; (iv) reinserting the battery
and powering up and shutting down to
ensure proper connections; and (v)
checking the battery compartment cover
to ensure that it is securely fastened; (4)
a qualified person will continuously
monitor for methane immediately before
and during the use of non-permissible
surveying equipment in or inby the last
open crosscut or in the return; (5) nonpermissible surveying equipment will
not be used if methane is detected in
concentrations at or above 1.0 percent
methane; (6) when 1.0 percent or more
of methane is detected while the
equipment is being used, the equipment
will be de-energized immediately and
will be withdrawn outby the last open
crosscut; (7) non-permissible surveying
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34368
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices
equipment will not be used where float
coal dust is in suspension; (8) batteries
contained in the surveying equipment
will be changed out or charged in fresh
air outby the last open crosscut; (9)
qualified personnel engaged in the use
of surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
surveying equipment. The equipment
will not be put into service initially
until MSHA has inspected the
equipment and determined that it is in
compliance with all of the above terms
and conditions; and (10) within 60 days
after the Proposed Decision and Order
becomes final, the petitioner will submit
to the District Manager proposed
revisions for its part 48 training plan.
The training plan will specify initial
and refresher training. The petitioner
asserts that application of the existing
standard will result in a diminution of
safety to the miners and the proposed
alternative method will at all times
guarantee no less than the same measure
of protection afforded the miners by the
standard.
Docket Number: M–2009–017–C.
Petitioner: RoxCoal, Inc., 1576
Stoystown Road, P.O. Box 149,
Friedens, Pennsylvania 15541.
Mine: Augustus Mine, MSHA I.D. No.
36–08636; Geronimo Mine, MSHA I.D.
No. 36–08645; Horning Mine, MSHA
I.D. No. 36–09666; Kimberly Run Mine,
MSHA I.D. No. 36–09549; Miller Mine,
MSHA I.D. No. 36–08622; Quecreek #1
Mine, MSHA I.D. No. 36–08746;
Roytown Mine, MSHA I.D. No. 36–
09260, all located in Somerset County,
Pennsylvania.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements; equipment)
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered non-permissible surveying
equipment in return airways, including,
but not limited to portable battery
operated mine transits, total station
surveying equipment, distance meters,
and lap top computers. The petitioner
states that: (1) All non-permissible
electronic surveying equipment used in
or inby the last open crosscut will be
examined prior to use to ensure the
equipment is being maintained in a safe
operating condition; (2) the equipment
will be examined by a qualified person
at intervals not to exceed 7 days; (3)
results of the examinations will be
recorded in the weekly examination
electrical equipment book. The
examinations will include: (i) Checking
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the instrument for any physical damage
and the integrity of the case; (ii)
removing the battery and inspecting for
corrosion; (iii) inspecting the contact
points to ensure a secure connection to
the battery; (iv) reinserting the battery
and powering up and shutting down to
ensure proper connections; and (v)
checking the battery compartment cover
to ensure that it is securely fastened; (4)
a qualified person will continuously
monitor for methane immediately before
and during the use of non-permissible
surveying equipment in or inby the last
open crosscut or in the return; (5) nonpermissible surveying equipment will
not be used if methane is detected in
concentrations at or above 1.0 percent
methane; (6) when 1.0 percent or more
of methane is detected while the
equipment is being used, the equipment
will be de-energized immediately and
will be withdrawn out of the return; (7)
non-permissible surveying equipment
will not be used where float coal dust
is in suspension; (8) batteries contained
in the surveying equipment will be
changed out or charged in fresh air out
of the return; (9) qualified personnel
engaged in the use of surveying
equipment will be properly trained to
recognize the hazards and limitations
associated with the use of surveying
equipment. The equipment will not be
put into service initially until MSHA
has inspected the equipment and
determined that it is in compliance with
all of the above terms and conditions;
and (10) within 60 days after the
Proposed Decision and Order becomes
final, the petitioner will submit to the
District Manager proposed revisions for
its part 48 training plan. The training
plan will specify initial and refresher
training. The petitioner asserts that
application of the existing standard will
result in a diminution of safety to the
miners and the proposed alternative
method will at all times guarantee no
less than the same measure of protection
afforded the miners by the standard.
Docket Number: M–2009–018–C.
Petitioner: R & K Coal Company, Inc.,
642 Suedberg Road, Pine Grove,
Pennsylvania 17963.
Mine: No. 1 Slope Mine, MSHA I.D.
No. 36–09138, located in Daupin
County, Pennsylvania.
Regulation Affected: 30 CFR
75.1200(d) & (i) (Mine map).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of crosssections instead of contour lines
through the intake slope at locations of
rock tunnel connections between veins,
and at 1,000-foot intervals of advance
from the intake slope. In addition, the
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petitioner proposes to limit the required
mapping of the mine workings above
and below to those present within 100
feet of the veins being mined, except
when these veins are interconnected to
other veins beyond the 100-foot limit,
through rock tunnels. The petitioner
states that: (1) Contour lines provide no
useful information due to the steep
pitch encountered in mining anthracite
coal veins, and their presence would
make portions of the map illegible; (2)
use of cross-sections in lieu of contour
lines has been practiced since the late
1800’s and provide critical information
about the spacing between veins and the
proximity to other mine workings,
which fluctuate considerably; (3) the
mine workings above and below are
usually inactive and abandoned, and
therefore not subject to changes during
the life of the mine; (4) all mapping for
mines above and below is researched by
petitioner’s contract engineer for the
presence of interconnecting rock
tunnels between veins in relation to the
mine; and (5) a hazard analysis is done
when mapping indicates that prior
mining was conducted on a vein above
or below. When research exhausts the
availability of mine mapping, the vein
will be considered to be mined and
flooded and appropriate precautions
will be taken under 30 CFR 75.388,
where possible. The petitioner further
states that where potential hazards exist
and in-mine drilling capabilities limit
penetration, surface boreholes will be
drilled to intercept the mine workings
and results will be analyzed prior to
mining in the affected area. The
petitioner asserts that the proposed
alternative method will provide at least
the same measure of protection as the
existing standard.
Docket Number: M–2009–019–C.
Petitioner: Sidney Coal Co., Inc., d/b/
a Process Energy Mining Coo., 115
North Big Creek Road, P.O. Box 299,
Sidney, Kentucky 41564.
Mine: Mine No. 1, MSHA I.D. No. 15–
19097, located in Pike County,
Kentucky.
Regulation Affected: 30 CFR
75.380(d)(3) (Escapeways; bituminous
and lignite mines).
Modification Request: The petitioner
requests a modification of the existing
standard to permit a primary escapeway
over an overcast for the limited distance
of 24 feet. The petitioner proposes to
have a minimum of 36 inches of
clearance above the location of the
overcast instead of the minimum of 51–
1⁄2 inches. The areas of the primary
escapeway leading up to and away from
the proposed overcast will have a
minimum height of 6 feet. Ramps will
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be provided on the inby and outby sides
of the overcast to provide easy access to
the top of the overcast. A wheeled dolly,
suitable to place a stretcher carrying a
disabled miner, will be located on top
of the overcast at all times. The dolly
will be used to transport a disabled
miner from the inby side of the top of
the overcast to the outby side of the top
of the overcast, a distance of
approximately 24 feet, which leads to
the mechanically operated escape
capsule. The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded the
miners by the standard.
Docket Number: M–2009–004–M.
Petitioner: Arch Materials, LLC, 4438
State Route 276, Batavia, Ohio 45103.
Mine: Batavia Mine, MSHA I.D. No.
33–04578, located in Clermont County,
Ohio.
Regulation Affected: 30 CFR 49.2(c)
(Availability of mine rescue teams).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the services of
Central Kentucky Mine Rescue Team
(CKMRT) as the mine rescue provider
for the Batavia Mine. The petitioner
states that: (1) The CKMRT, also known
as Eastwood Fire District Fire Fighting
and Rescue Team is located in
Eastwood, Kentucky within the required
travel distance proposed by MSHA; (2)
the rescue team consists of professional
firefighters, and several career miners,
who have had experience in
underground mines; (3) the rescue team
has extensive mine training in
accordance with 30 CFR 49.8, not
limited to, firefighting, evacuation, and
rescue; and (4) the team is on duty 24
hours per day, seven days per week, and
will be able to provide immediate
response to any mine emergency. The
petitioner further states that the Central
Kentucky Mine Rescue Team has
worked closely with the Arch Materials,
LLC, and are prepared for the conditions
of the Batavia Mine. The team has
traveled to the Batavia Mine and
observed the mine facility and
operations. The petitioner asserts that
the proposed alternative method will
not reduce the safety of the miners at
the Batavia Mine, but will increase the
safety of the miners, and that the
proposed alternative method is adequate
and will properly cover Batavia Mine in
the event of an emergency.
Patricia W. Silvey,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. E9–16741 Filed 7–14–09; 8:45 am]
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I. Background
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.
All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before August 14, 2009.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: StandardsPetitions@dol.gov.
2. Facsimile: 1–202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209, Attention:
Patricia W. Silvey, Director, Office of
Standards, Regulations and Variances.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director,
Office of Standards, Regulations and
Variances.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
Individuals who submit comments by
hand-delivery are required to check in
at the receptionist desk on the 21st
floor.
Individuals may inspect copies of the
petitions and comments during normal
business hours at the address listed
above.
DATES:
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(E-mail), or 202–693–9441 (Telefax).
[These are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
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34369
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary determines
that: (1) An alternative method of
achieving the result of such standard
exists which will at all times guarantee
no less than the same measure of
protection afforded the miners of such
mine by such standard; or (2) that the
application of such standard to such
mine will result in a diminution of
safety to the miners in such mine. In
addition, the regulations at 30 CFR
§§ 44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Docket Number: M–2009–015–C.
Petitioner: UtahAmerican Energy,
Inc., P.O. Box 910, East Carbon, Utah
84520.
Mine: Lila Canyon Mine, MSHA I.D.
No. 42–02241, located in Emery County,
Utah.
Regulation Affected: 30 CFR 75.350(a)
(Belt air course ventilation).
Modification Request: The petitioner
requests site specific relief from
application of the existing standard to
permit the use of return air in the belt
air course. The petitioner states that: (a)
Relief from the standard will only be in
effect during the underground
development process, to establish a
ventilation breakout to the surface; and
(b) relief from the standard will only be
applicable to the underground ‘‘Rock
Slope’’ area and will terminate upon
establishing the ventilation breakout in
the coal seam to the surface. The
petitioner proposes to: (1) Install an
atmospheric monitoring system (AMS)
incorporating diesel discriminating
(carbon monoxide and nitric oxide)
sensors for early warning fire detection
in the primary escapeway (intake) entry
and the belt entry; (2) have the air in the
monitoring entry(s) at a velocity of at
least 50 feet per minute and have
definite and distinct movement in the
designated direction. The velocity
measurements will be determined at
locations in the entry which are
representative of the cross-sectional
areas found through the entry and not
at locations where the entry is
abnormally high (e.g. belt drives) or low
(e.g. under overcasts); (3) determine the
correct carbon monoxide ambient, alert,
and alarm levels upon implementation
of this site specific petition with the
carbon monoxide ambient level at 5
E:\FR\FM\15JYN1.SGM
15JYN1
]]>Agencies
[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Notices]
[Pages 34366-34369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16741]
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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: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before August 14, 2009.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: Standards-Petitions@dol.gov.
2. Facsimile: 1-202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director, Office of Standards,
Regulations and Variances.
4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia
22209, Attention: Patricia W. Silvey, Director, Office of Standards,
Regulations and Variances.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments. Individuals
who submit comments by hand-delivery are required to check in at the
receptionist desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
barron.barbara@dol.gov (E-mail), or 202-693-9441 (Telefax). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
[[Page 34367]]
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary determines that: (1) An
alternative method of achieving the result of such standard exists
which will at all times guarantee no less than the same measure of
protection afforded the miners of such mine by such standard; or (2)
that the application of such standard to such mine will result in a
diminution of safety to the miners in such mine. In addition, the
regulations at 30 CFR 44.10 and 44.11 establish the requirements and
procedures for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2009-015-C.
Petitioner: UtahAmerican Energy, Inc., P.O. Box 910, East Carbon,
Utah 84520.
Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Emery
County, Utah.
Regulation Affected: 30 CFR 75.350(a) (Belt air course
ventilation).
Modification Request: The petitioner requests site specific relief
from application of the existing standard to permit the use of return
air in the belt air course. The petitioner states that: (a) Relief from
the standard will only be in effect during the underground development
process, to establish a ventilation breakout to the surface; and (b)
relief from the standard will only be applicable to the underground
``Rock Slope'' area and will terminate upon establishing the
ventilation breakout in the coal seam to the surface. The petitioner
proposes to: (1) Install an atmospheric monitoring system (AMS)
incorporating diesel discriminating (carbon monoxide and nitric oxide)
sensors for early warning fire detection in the primary escapeway
(intake) entry and the belt entry; (2) have the air in the monitoring
entry(s) at a velocity of at least 50 feet per minute and have definite
and distinct movement in the designated direction. The velocity
measurements will be determined at locations in the entry which are
representative of the cross-sectional areas found through the entry and
not at locations where the entry is abnormally high (e.g. belt drives)
or low (e.g. under overcasts); (3) determine the correct carbon
monoxide ambient, alert, and alarm levels upon implementation of this
site specific petition with the carbon monoxide ambient level at 5 ppm,
and the alert and alarm levels at 10 ppm and 15 ppm respectively above
the ambient; (4) incorporate time delays in the AMS, when a
demonstrated need exists, to account for non-fire related carbon
monoxide alert and alarm sensor signals; with time delays limited to
three minutes. The length of any time delays or other techniques or
methods that eliminate or reduce the need for time delays will be
specified and approved in the mine ventilation plan; (5) the AMS will
activate an alarm signal if the total concentration on uncorrected
carbon monoxide measured by any sensor exceeds or is equal to 50 ppm.
The concentration will represent all the carbon monoxide present in the
sensor's atmosphere which includes carbon monoxide from diesel engines;
(6) the methane monitoring system will be capable of providing both
audible and visual signals on both the working section and at a manned
location on the surface of the mine where personnel will be on duty at
all times when miners are underground. When the methane level is 1.0
volume per centum, the monitoring system will initiate alarm signals;
(7) design and install the methane monitoring system to de-energize the
belt conveyor drive units when the methane level is 1.0 volume per
centum. A trained person at the surface location will have two-way
communication with the working section; (8) an AMS will be operating
and a designated AMS operator will be on duty at a location on the
surface of the mine where audible and visual signals from the AMS will
be seen or heard and the AMS operator can promptly respond to these
signals, whenever personnel are underground; (9) provide visual and
audible signals at the designated surface location for any interruption
of circuit continuity and any electrical malfunction of the system and
have the signals at a sufficient magnitude to be seen or heard by the
AMS operator; (10) provide sensors to detect carbon monoxide, nitric
oxide, or methane that will be visually examined at least once each
shift when belts are operated as part of a production shift; and (11)
when a malfunction, alert, or alarm signal is received at the
designated surface, the sensor(s) that are activated will be identified
and the AMS operator will promptly notify appropriate personnel,
including the ``responsible person(s)'' as referenced in 30 CFR 75.1501
on the affected working section(s) and in the affected areas where
mechanized mining equipment is being installed or removed. In addition,
an immediate investigation of the cause of the signal shall begin and
the required actions set forth in this site specific petition will be
taken. Persons may review a complete description of the petitioner's
alternative procedures at the MSHA address listed in this notice. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by the existing standard.
Docket Number: M-2009-016-C.
Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149,
Friedens, Pennsylvania 15541.
Mine: Augustus Mine, MSHA I.D. No. 36-08636; Geronimo Mine, MSHA
I.D. No. 36-08645; Horning Mine, MSHA I.D. No. 36-09666; Kimberly Run
Mine, MSHA I.D. No. 36-09549; Miller Mine, MSHA I.D. No. 36-08622;
Quecreek 1 Mine, MSHA I.D. No. 36-08746; Roytown Mine, MSHA
I.D. No. 36-09260, all located in Somerset County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered non-permissible
surveying equipment in or inby the last crosscut. The petitioner states
that: (1) All non-permissible electronic surveying equipment used in or
inby the last open crosscut will be examined prior to use to ensure the
equipment is being maintained in a safe operating condition; (2) the
equipment will be examined by a qualified person at intervals not to
exceed 7 days; (3) results of the examinations will be recorded in the
weekly examination electrical equipment book. The examinations will
include: (i) Checking the instrument for any physical damage and the
integrity of the case; (ii) removing the battery and inspecting for
corrosion; (iii) inspecting the contact points to ensure a secure
connection to the battery; (iv) reinserting the battery and powering up
and shutting down to ensure proper connections; and (v) checking the
battery compartment cover to ensure that it is securely fastened; (4) a
qualified person will continuously monitor for methane immediately
before and during the use of non-permissible surveying equipment in or
inby the last open crosscut or in the return; (5) non-permissible
surveying equipment will not be used if methane is detected in
concentrations at or above 1.0 percent methane; (6) when 1.0 percent or
more of methane is detected while the equipment is being used, the
equipment will be de-energized immediately and will be withdrawn outby
the last open crosscut; (7) non-permissible surveying
[[Page 34368]]
equipment will not be used where float coal dust is in suspension; (8)
batteries contained in the surveying equipment will be changed out or
charged in fresh air outby the last open crosscut; (9) qualified
personnel engaged in the use of surveying equipment will be properly
trained to recognize the hazards and limitations associated with the
use of surveying equipment. The equipment will not be put into service
initially until MSHA has inspected the equipment and determined that it
is in compliance with all of the above terms and conditions; and (10)
within 60 days after the Proposed Decision and Order becomes final, the
petitioner will submit to the District Manager proposed revisions for
its part 48 training plan. The training plan will specify initial and
refresher training. The petitioner asserts that application of the
existing standard will result in a diminution of safety to the miners
and the proposed alternative method will at all times guarantee no less
than the same measure of protection afforded the miners by the
standard.
Docket Number: M-2009-017-C.
Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149,
Friedens, Pennsylvania 15541.
Mine: Augustus Mine, MSHA I.D. No. 36-08636; Geronimo Mine, MSHA
I.D. No. 36-08645; Horning Mine, MSHA I.D. No. 36-09666; Kimberly Run
Mine, MSHA I.D. No. 36-09549; Miller Mine, MSHA I.D. No. 36-08622;
Quecreek 1 Mine, MSHA I.D. No. 36-08746; Roytown Mine, MSHA
I.D. No. 36-09260, all located in Somerset County, Pennsylvania.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements; equipment)
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered non-permissible
surveying equipment in return airways, including, but not limited to
portable battery operated mine transits, total station surveying
equipment, distance meters, and lap top computers. The petitioner
states that: (1) All non-permissible electronic surveying equipment
used in or inby the last open crosscut will be examined prior to use to
ensure the equipment is being maintained in a safe operating condition;
(2) the equipment will be examined by a qualified person at intervals
not to exceed 7 days; (3) results of the examinations will be recorded
in the weekly examination electrical equipment book. The examinations
will include: (i) Checking the instrument for any physical damage and
the integrity of the case; (ii) removing the battery and inspecting for
corrosion; (iii) inspecting the contact points to ensure a secure
connection to the battery; (iv) reinserting the battery and powering up
and shutting down to ensure proper connections; and (v) checking the
battery compartment cover to ensure that it is securely fastened; (4) a
qualified person will continuously monitor for methane immediately
before and during the use of non-permissible surveying equipment in or
inby the last open crosscut or in the return; (5) non-permissible
surveying equipment will not be used if methane is detected in
concentrations at or above 1.0 percent methane; (6) when 1.0 percent or
more of methane is detected while the equipment is being used, the
equipment will be de-energized immediately and will be withdrawn out of
the return; (7) non-permissible surveying equipment will not be used
where float coal dust is in suspension; (8) batteries contained in the
surveying equipment will be changed out or charged in fresh air out of
the return; (9) qualified personnel engaged in the use of surveying
equipment will be properly trained to recognize the hazards and
limitations associated with the use of surveying equipment. The
equipment will not be put into service initially until MSHA has
inspected the equipment and determined that it is in compliance with
all of the above terms and conditions; and (10) within 60 days after
the Proposed Decision and Order becomes final, the petitioner will
submit to the District Manager proposed revisions for its part 48
training plan. The training plan will specify initial and refresher
training. The petitioner asserts that application of the existing
standard will result in a diminution of safety to the miners and the
proposed alternative method will at all times guarantee no less than
the same measure of protection afforded the miners by the standard.
Docket Number: M-2009-018-C.
Petitioner: R & K Coal Company, Inc., 642 Suedberg Road, Pine
Grove, Pennsylvania 17963.
Mine: No. 1 Slope Mine, MSHA I.D. No. 36-09138, located in Daupin
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of 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: (1) Contour lines provide no
useful information due to the steep pitch encountered in mining
anthracite coal veins, and their presence would make portions of the
map illegible; (2) use of cross-sections in lieu of contour lines has
been practiced since the late 1800's and provide critical information
about the spacing between veins and the proximity to other mine
workings, which fluctuate considerably; (3) the mine workings above and
below are usually inactive and abandoned, and therefore not subject to
changes during the life of the mine; (4) all mapping for mines above
and below is researched by petitioner's contract engineer for the
presence of interconnecting rock tunnels between veins in relation to
the mine; and (5) a hazard analysis is done when mapping indicates that
prior mining was conducted on a vein above or below. When research
exhausts the availability of mine mapping, the vein will be considered
to be mined and flooded and appropriate precautions will be taken under
30 CFR 75.388, where possible. The petitioner further states that where
potential hazards exist and in-mine drilling capabilities limit
penetration, surface boreholes will be drilled to intercept the mine
workings and results will be analyzed prior to mining in the affected
area. The petitioner asserts that the proposed alternative method will
provide at least the same measure of protection as the existing
standard.
Docket Number: M-2009-019-C.
Petitioner: Sidney Coal Co., Inc., d/b/a Process Energy Mining
Coo., 115 North Big Creek Road, P.O. Box 299, Sidney, Kentucky 41564.
Mine: Mine No. 1, MSHA I.D. No. 15-19097, located in Pike County,
Kentucky.
Regulation Affected: 30 CFR 75.380(d)(3) (Escapeways; bituminous
and lignite mines).
Modification Request: The petitioner requests a modification of the
existing standard to permit a primary escapeway over an overcast for
the limited distance of 24 feet. The petitioner proposes to have a
minimum of 36 inches of clearance above the location of the overcast
instead of the minimum of 51-\1/2\ inches. The areas of the primary
escapeway leading up to and away from the proposed overcast will have a
minimum height of 6 feet. Ramps will
[[Page 34369]]
be provided on the inby and outby sides of the overcast to provide easy
access to the top of the overcast. A wheeled dolly, suitable to place a
stretcher carrying a disabled miner, will be located on top of the
overcast at all times. The dolly will be used to transport a disabled
miner from the inby side of the top of the overcast to the outby side
of the top of the overcast, a distance of approximately 24 feet, which
leads to the mechanically operated escape capsule. The petitioner
asserts that the proposed alternative method will at all times
guarantee no less than the same measure of protection afforded the
miners by the standard.
Docket Number: M-2009-004-M.
Petitioner: Arch Materials, LLC, 4438 State Route 276, Batavia,
Ohio 45103.
Mine: Batavia Mine, MSHA I.D. No. 33-04578, located in Clermont
County, Ohio.
Regulation Affected: 30 CFR 49.2(c) (Availability of mine rescue
teams).
Modification Request: The petitioner requests a modification of the
existing standard to permit the services of Central Kentucky Mine
Rescue Team (CKMRT) as the mine rescue provider for the Batavia Mine.
The petitioner states that: (1) The CKMRT, also known as Eastwood Fire
District Fire Fighting and Rescue Team is located in Eastwood, Kentucky
within the required travel distance proposed by MSHA; (2) the rescue
team consists of professional firefighters, and several career miners,
who have had experience in underground mines; (3) the rescue team has
extensive mine training in accordance with 30 CFR 49.8, not limited to,
firefighting, evacuation, and rescue; and (4) the team is on duty 24
hours per day, seven days per week, and will be able to provide
immediate response to any mine emergency. The petitioner further states
that the Central Kentucky Mine Rescue Team has worked closely with the
Arch Materials, LLC, and are prepared for the conditions of the Batavia
Mine. The team has traveled to the Batavia Mine and observed the mine
facility and operations. The petitioner asserts that the proposed
alternative method will not reduce the safety of the miners at the
Batavia Mine, but will increase the safety of the miners, and that the
proposed alternative method is adequate and will properly cover Batavia
Mine in the event of an emergency.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-16741 Filed 7-14-09; 8:45 am]
BILLING CODE 4510-43-P
