[Federal Register: September 26, 2006 (Volume 71, Number 186)]
[Notices]
[Page 56175-56177]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
The following parties have filed petitions to modify the
application of existing safety standards under section 101(c) of the
Federal Mine Safety and Health Act of 1977 and 30 CFR part 44.
1. Wabash Mine Holding Company
[Docket No. M-2006-043-C]
Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to
its Wabash Mine, Old B-1/Fault Crossing Area of the Mine (MSHA I.D. No.
11-00877) located in Wabash County, Illinois. The petitioner requests a
modification of the existing standard to permit an alternative method
of complying with the examination requirement due to deteriorating roof
conditions in the abandoned old B1 panel area. The petitioner proposes
to: (1) Establish an inlet evaluation point in the affected area of the
mine as ``Intake EP,'' which will be evaluated by a certified person on
a weekly basis; (2) establish an outlet evaluation point in the
affected area as ``Outlet EP,'' which will be evaluated by a certified
person on a weekly basis; and (3) within 60 days submit revisions of
its Part 48 training plan to the District Manager that includes initial
and refresher training to comply with the final order. The petitioner
states that the proposed alternative method of compliance provides a
measure of protection equal to that of the standard. The petitioner
also states that traveling the affected area of the air courses in
their entirety would present a hazard to the miners because of exposure
to the deteriorating roof conditions and limited access and result in a
diminution of safety.
2. Wabash Mine Holding Company
[Docket No. M-2006-044-C]
Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to
its Wabash Mine, 1N/3W Area of the Mine (MSHA I.D. No. 11-00877)
located in Wabash County, Illinois. The petitioner requests a
modification of the existing standard to permit an alternative method
of compliance for examination of the 1N/3W Area of the Mine due to roof
falls shortly after mining at the entrance of the abandoned 1N/3W panel
area petitioner avers that this activity has made sealing the panel
virtually impossible, and to construct seals to close off the entire
area from the 1W3B tail area to the mouth of the 1N/3W would expose
workers to hazardous conditions. The petitioner states that to examine
the 1N/3W air course from the 1W3B tail area to the west side of the
existing 1N/3W seals would be hazardous. The petitioner proposes to:
(1) Establish an inlet evaluation point in the affected area of the
mine as ``Intake EP,'' which will be evaluated by a certified person on
a weekly basis; (2) establish two (2) outlet evaluation points in the
affected area as ``Permanent Outlet EP,'' which will be evaluated by a
certified person on a weekly basis; and (3) within 60 days submit
revisions of its Part 48 training plan to the District Manager that
includes initial and refresher training to comply with the final order.
The petitioner states that the proposed alternative method of
compliance provides a measure of protection equal to that of the
standard. The petitioner also states that traveling the affected area
of the air courses in their entirety would present a hazard to the
miners because of exposure to the deteriorating roof conditions and
limited access and result in a diminution of safety.
3. Wabash Mine Holding Company
[Docket No. M-2006-045-C]
Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to
modify the application of 30 CFR 75.364(b)(1) and (b)(4) (Weekly
examination) to its Wabash Mine, Main East Seals Area of the Mine (MSHA
I.D. No. 11-00877) located in Wabash County, Illinois. The petitioner
requests a modification of the existing standard to permit an
alternative method of compliance for examination of the certain areas
of the Mine that have been
sealed off, known as the Main East Seals, due to roof falls. The
petitioner states that the air that passes by these seals do not
ventilate any working section but rather it flows to a nearby return
air shaft. Further, petitioner states that roof falls have occurred in
several of the airways that formerly provided access to the seals, and
the remaining entries that provided access to the seals have
deteriorating roof conditions and hinders safe access to the seals. The
petitioner proposes to: (1) Establish a permanent monitoring station to
permit monitoring of the air for oxygen and methane after it passes
through the hazardous roof areas at the Main East. The monitoring
stations will be linked to the mine's approved mine-wide monitoring
system and located in the area of the ``Permanent Outby EP''; (2)
evaluate the air that passes the seals by a certified person on a
weekly basis before it reaches the seals in the area of the location
shown as ``Intake EP'' on the attached map; and (3) within 60 days
submit revisions of its Part 48 training plan to the District Manager
that includes initial and refresher training to comply with the final
order. The petitioner asserts that inspection of the air course would
result in a diminution of safety to the miners and that the proposed
alternative method of compliance provides a measure of protection equal
to that of the standard.
4. Wabash Mine Holding Company
[Docket No. M-2006-046-C]
Wabash Mine Holding Company, Three Gateway Center, Suite 1340, 401
Liberty Avenue, Pittsburgh, Pennsylvania 15222 has filed a petition to
modify the application of 30 CFR 75.364(b)(2) (Weekly examination) to
its Wabash Mine, Main West and 2 South/3 West Areas of the Mine (MSHA
I.D. No. 11-00877) located in Wabash County, Illinois. The petitioner
requests a modification of the existing standard to permit an
alternative method of compliance for examination of the Main West
Returns and 2 South/3 West Returns. The petitioner states that roof
falls in conjunction with deteriorating roof conditions have made
examining the air courses known as the Main West Returns and 2 South/3
West Returns a hazard to travel in their entirety due to the
deteriorated roof conditions and limited access. The petitioner
proposes to: (1) Establish evaluation points in the affected area which
will be evaluated by a certified person on a weekly basis, and (2)
within 60 days submit revisions of its Part 48 training plan to the
District Manager that includes initial and refresher training to comply
with the final order. The petitioner asserts that the proposed
alternative method of compliance provides a measure of protection equal
to that of the standard and application of the standard results in a
diminution of safety.
5. FKZ Coal Company
[Docket No. M-2006-047-C]
FKZ Coal Company, P.O. Box 62, Locust Gap, Pennsylvania 17840 has
filed a petition to modify the application of 30 CFR 75.1714-2(c)
(Self-rescue devices; use requirements) to its No. 1 Slope Mine (MSHA
I.D. No. 36-08637) located in Northumberland County, Pennsylvania. The
petitioner requests a modification of the existing standard to permit
self-contained self-rescue (SCSR) devices to be stored within 200 feet
of the working face. The petitioner states that in steeply pitching,
conventional anthracite mines, entries are advanced as far as 200 feet
vertically, which exposes the miner to trip and fall hazards. The
petitioner further states that the necessity of carrying supplies up
narrow entries while wearing the SCSRs, may result in damage to the
SCSR and also may result in a diminution of safety to the miner. The
petitioner also states that the method proposed would in no way provide
less than the same measure of protection than that afforded miners
under the existing standard.
6. FKZ Coal Company
[Docket No. M-2006-049-C]
FKZ Coal Company, P.O. Box 62, Locust Gap, Pennsylvania 17840 has
filed a petition to modify the application of 30 CFR 75.381(c)(5)
(Escapeways; anthracite mines) to its No. 1 Slope Mine (MSHA I.D. No.
36-08637) located in Northumberland County, Pennsylvania. The
petitioner requests a modification of the existing standard to
eliminate the requirement to use a continuous directional lifeline at
the Orchard Slope Mine. The petitioner states that: (1) The pitching
seams in the anthracite coal mines are inherently directional; (2) the
entries are either driven horizontal in one direction or vertical with
the pitching geology; (3) when entering the mine if the mine roof is on
your right side, it is basic knowledge to know that when leaving the
mine, the mine roof is on your left side; and (4) even if vision is
impaired, it is impossible to lose your sense of direction, simply by
the location of the roof and rib. The petitioner asserts that
application of the existing standard would cause a diminution of safety
to the miners because to stretch any type of line across the opening of
a vertical entry could result in a tripping hazard with a fall
potential in excess of 30 to 60 feet.
7. Tito Coal Company
[Docket No. M-2005-050-C]
Tito Coal Company, 118 Fairview Lane, Williamstown, Pennsylvania
17098 has filed a petition to modify the application of 30 CFR
75.381(c)(5) (Escapeways; anthracite mines) to its No. 2 Slope Mine
(MSHA I.D. No. 36-06815) located in Schuylkill County, Pennsylvania.
The petitioner requests a modification of the existing standard to
eliminate the requirement to use a continuous directional lifeline at
the No. 2 Slope Mine. The petitioner states that: (1) The pitching
seams in the anthracite coal mines are inherently directional; (2) the
entries are either driven horizontal in one direction or vertical with
the pitching geology; (3) when entering the mine if the mine roof is on
your right side, it is basic knowledge to know that when leaving the
mine, the mine roof is on your left side; and (4) even if vision is
impaired, it is impossible to lose your sense of direction, simply by
the location of the roof and rib. The petitioner asserts that
application of the existing standard would cause a diminution of safety
to the miners because to stretch any type of line across the opening of
a vertical entry could result in a tripping hazard with a fall
potential in excess of 30 to 60 feet.
8. Tito Coal Company
[Docket No. M-2006-051-C]
Tito Coal Company, 118 Fairview Lane, Williamstown, Pennsylvania
17098 has filed a petition to modify the application of 30 CFR 75.1714-
2(c) (Self-rescue devices; use requirements) to its No. 2 Slope Mine
(MSHA I.D. No. 36-06815) located in Schuylkill County, Pennsylvania.
The petitioner requests a modification of the existing standard to
permit self-contained self-rescue (SCSR) devices to be stored within
200 feet of the working face. The petitioner states that in steeply
pitching, conventional anthracite mines, entries are advanced as far as
200 feet vertically. The petitioner states that the miner is exposed to
trip and fall hazards and the necessity of carrying supplies up these
narrow entries while wearing the SCSRs, may result in damage to the
SCSR and in a diminution of safety to the miner.
9. D & D Coal Company
[Docket No. M-2006-053-C]
D & D Coal Company, 409 W. Centre Street, Donaldson, Pennsylvania
17981 has filed a petition to modify the application of 30 CFR 75.381(c)(5)
(Escapeways; anthracite mines) to its Primrose Slope Mine (MSHA I.D.
No. 36-08341) located in Schuylkill County, Pennsylvania. The
petitioner requests a modification of the existing standard to
eliminate the requirement to use a continuous directional lifeline at
the Primrose Slope Mine. The petitioner states that: (1) The pitching
seams in the anthracite coal mines are inherently directional; (2) the
entries are either driven horizontal in one direction or vertical with
the pitching geology; (3) when entering the mine if the mine roof is on
your right side, it is basic knowledge to know that when leaving the
mine, the mine roof is on your left side; and (4) even if vision is
impaired, it is impossible to lose your sense of direction, simply by
the location of the roof and rib. The petitioner asserts that
application of the existing standard would cause a diminution of safety
to the miners because to stretch any type of line across the opening of
a vertical entry could result in a tripping hazard with a fall
potential in excess of 30 to 60 feet.
10. D & D Coal Company
[Docket No. M-2006-054-C]
D & D Coal Company, 409 W. Centre Street, Donaldson, Pennsylvania
17981 has filed a petition to modify the application of 30 CFR 75.1714-
2(c) (Self-rescue devices; use requirements) to its Primrose Slope Mine
(MSHA I.D. No. 36-08341) located in Schuylkill County, Pennsylvania.
The petitioner requests a modification of the existing standard to
permit self-contained self-rescue (SCSR) devices to be stored within
200 feet of the working face. The petitioner states that in steeply
pitching, conventional anthracite mines, entries are advanced as far as
200 feet vertically. The petitioner states that the miner is exposed to
trip and fall hazards and the necessity of carrying supplies up these
narrow entries while wearing the SCSRs, may result in damage to the
SCSR and in a diminution of safety to the miner.
11. Usibelli Coal Mine, Inc.
[Docket No. M-2006-056-C]
Usibelli Coal Mine, Inc., P.O. Box 1000, Healy, Alaska 99743 has
filed a petition to modify the application of 30 CFR 77.803 (Fail safe
ground check circuits on high-voltage resistance grounded systems) to
its Usibelli Mine (MSHA I.D. No. 50-00030) located in Yukon-Koyukuk
County, Alaska. The petitioner requests a modification of the existing
standard to permit an alternative method of compliance when the boom/
mast is raised or lowered during construction and repairs/maintenance
on a Bucyrus 1300W dragline machine. The petitioner proposes to disable
the ground monitoring while lowering and raising the boom as a safer
alternative in case it loses power which would cause the boom to fall.
The petitioner proposes to use the boom raising/lowering the boom
procedures during construction and maintenance while the machine is not
in mining operations. The petitioner states that major maintenance
requiring the raising/lowering of the boom/mast would only be performed
as needed. Petitioner further avers that it will provide review,
training, and retraining of the procedures to all persons involved
before the boom is raised or lowered because boom lowering/raising is
done infrequently with long intervals of time between each occurrence.
The petitioner proposes to use the following guidelines to minimize the
potential for electrical power loss during the boom lowering/raising
procedure: (1) A written procedure will be developed and implemented by
the mine operator/contractor that will: (a) Limit the number of persons
needed on board the machine during the boom-mast raising/lowering, and
only those persons critical to performing necessary functions will be
permitted on board the machine; (b) rope off or guard the area around
the machine and explain the methods that will be used to prevent off-
board persons from contacting the frame or cable of the machine; and
(c) prohibit other work activities in close proximity to the machine
during the boom/mast operation. The petitioner would establish a
responsible person at the work site, and provide enumerated electrical
safety precautions. The petitioner asserts that these procedures for
raising/lowering the boom will not result in a diminution of safety to
the miners.
12. Lane Mountain Silica Company
[Docket No. M-2006-004-M]
Lane Mountain Silica Company, 500 Union Street, Suite 847, Seattle,
Washington 98101 has filed a petition to modify the application of 30
CFR 56.9300 (Berms and guardrails) to its Lane Mountain Silica Mine
(MSHA I.D. No. 45-00983) located in Stevens County, Washington. The
petitioner requests a modification of the existing standard for berms
on elevated roadways to and from quarries of the Lane Mountain Silica
Mine where drop-offs of sufficient grad exist to cause a vehicle to
overturn or endanger individuals operating equipment. The petitioner
proposes to enhance its longstanding safety program as an alternate
method. The petitioner states that mining and hauling operations are
seasonal and no hauling occurs from approximately November through
April when the weather conditions are severe. Petitioner also asserts
that the roadway is typically clear and dry from May through October
when hauling occurs and the equipment operator by the petitioner is
street legal and inspected on a daily basis. Petitioner states that it
enhanced its safety program by: (1) Installing delineates at
approximately 100 feet intervals along the outboard side of the entire
roadway; (2) establishing reduced speed limits; and (3) updated its
driver safety program. Petitioner states that the existing and enhanced
safety requirements for use of the roadway equals or surpasses the
existing standard. The petitioner further states that erection of berms
would narrow the roadway to a point where safety is detrimentally
impacted. The petitioner asserts that the proposed alternative method
would provide at least the same measure of protection as the existing
standard and that application of the standard would result in a
diminution of safety to the miners.
Request for Comments
Persons interested in these petitions are encouraged to submit
comments via E-mail to Standards-Petitions@dol.gov Include ``petitions
for modification'' in the subject line of the e-mail. Comments can also
be submitted by fax, regular mail, or hand-delivery. If faxing your
comments, include ``petitions for modification'' on the subject line of
the fax. Comments by regular mail or hand-delivery should be submitted
to the Mine Safety and Health Administration, Office of Standards,
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209. If hand-delivered, you are required to stop
by the 21st floor to check in with the receptionist. All comments must
be postmarked or received by the Office of Standards, Regulations, and
Variances on or before October 26, 2006. Copies of the petitions are
available for inspection at that address.
Dated at Arlington, Virginia this 19th day of September 2006.
Ria Moore Benedict,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 06-8246 Filed 9-25-06; 8:45 am]
BILLING CODE 4510-43-P
