[Federal Register: October 3, 2006 (Volume 71, Number 191)]
[Notices]
[Page 58433-58435]
-----------------------------------------------------------------------
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. Jim Walter Resources, Inc.
[Docket No. M-2006-062-C]
Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444
has filed a petition to modify the application of 30 CFR 75.1711-1
(Sealing of shaft openings) to its No. 4 Mine (MSHA I.D. No. 01-01247),
No. 5 Mine (MSHA I.D. No. 01-01322), and No. 7 Mine (MSHA I.D. No. 01-
01401) all located in Tuscaloosa County, Alabama. The petitioner
requests a modification of the existing standard to eliminate the
requirement to cap shafts with vent pipes. The petitioner states that
in previous experiences of equipping caps with vent pipes, in some
instances, methane was believed to have existed within the explosive
range immediately beneath the cap and oxygen was present in sufficient
quantities to support an ignition or an explosion. The petitioner
states that to equip caps with vent pipes will be more detrimental to
miners' safety and health than the current proposal. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as the existing standard.
2. Jim Walter Resources, Inc.
[Docket No. M-2006-063-C]
Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444
has filed a petition to modify the application of 30 CFR 75.364(b)(1)
(Weekly examination) to its No. 7 Mine (MSHA I.D. No. 01-01401) located
in Tuscaloosa County, Alabama. The petitioner requests a modification
of the existing standard to eliminate the requirement to inspect each
intake air course in the Western and Eastern areas of the No. 7 Mine.
The petitioner states that the affected areas of the mine have fallen
into disrepair and it is extremely burdensome and dangerous to
rehabilitate each segment of the area because to travel either segment
will result in a diminution of safety and health to the miners. The
petitioner further states that the fresh air traveling through each
segment of the area continues to be necessary to adequately ventilate
active workings by diluting and carrying away large quantities of
methane and coal dust where miners are working underground. The
petitioner proposes to monitor the northern and southern ends of each
segment of the mine on a weekly basis to measure air quantity or
quality conditions. The petitioner asserts that the proposed
alternative method would provide at least the same measure of
protection as the existing standard and sealing of the area would
reduce ventilation which will result in a diminution of safety to
miners.
3. Bridger Coal Company
[Docket No. M-2006-064-C]
Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942
has filed a petition to modify the application of 30 CFR 75.500(d)
(Permissible electric equipment) to its Bridger Underground Mine (MSHA
I.D. No. 48-01646) located in Sweetwater County, Wyoming. The
petitioner requests a modification of the existing standard to permit
the use of non-permissible low-voltage or battery-powered, electronic
testing and diagnostic equipment, in or inby the last open crosscut.
The petitioner proposes to use the following equipment within 150 feet
of pillar workings: Laptop computers, oscilloscopes, vibration analysis
machines, cable fault detectors, point temperature probes, infrared
temperature devices, insulation testers (meggers), voltage, current and
power measurement devices and recorders, pressure flow measurement
devices, signal analyzer devices, ultrasonic thickness gauges,
electronic component testers, and electronic tachometers, and other
testing and diagnostic equipment if approved in advance by the District
Manager. The Petitioner states that due to the size, complexity, and
location of the equipment being tested and diagnosed, it is nearly
impossible and potentially unsafe to move the equipment at least 150
feet outby the pillar line once the equipment has broken down. The
petitioner asserts that application of the existing standard will
result in a diminution of safety to the miners and the proposed
alternative method would provide at least the same measure of
protection as the existing standard. The petitioner further states that
use of non-permissible electronic testing and diagnostic equipment in
or inby the last open crosscut would be used with designated
restrictions which would at all times guarantee no less than the same
level of protection as the standard.
4. Bridger Coal Company
[Docket No. M-2006-065-C]
Bridger Coal Company, P.O. Box 68, Point of Rocks, Wyoming 82942
has filed a petition to modify the application of 30 CFR 75.1002
(Installation of electric equipment and conductors; permissibility) to
its Bridger Underground Mine (MSHA I.D. No. 48-01646) located in
Sweetwater County, Wyoming. The petitioner requests a modification of
the existing standard to permit use of low-voltage or battery-powered
non-permissible, electronic testing, diagnostic equipment, in or inby
the last open crosscut. The petitioner proposes to use the following
equipment within 150 feet of pillar workings: Laptop computers,
oscilloscopes, vibration analysis machines, cable fault detectors,
point temperature probes, infrared temperature devices, insulation
testers (meggers), voltage, current and power measurement devices and
recorders, pressure flow measurement devices, signal analyzer devices,
ultrasonic thickness gauges, electronic component testers, and
electronic tachometers, and other testing and diagnostic equipment if
approved in advance by the District Manager. The petitioner states that
application of the existing standard will result in a diminution of
safety to the miners because due to the size, complexity, and location
of the equipment being tested and diagnosed, it is nearly impossible
and potentially unsafe to move the equipment at least 150 feet outby
the pillar line once the equipment has broken down. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as the existing standard. The petitioner
further states that use of non-permissible electronic testing and
diagnostic equipment in or inby the last open crosscut would be used
with designated restrictions which would at all times guarantee no less
than the same level of protection as the standard.
5. Mosaic Potash Carlsbad, Inc.
[Docket No. M-2006-006-M]
Mosaic Potash Carlsbad, Inc., P.O. Box 71, 1361 Potash Mines Road,
Carlsbad, New Mexico 88221-0071 has filed a petition to modify the
application of 30 CFR 57.15031 (Location of self-rescue devices) to its
Underground Potash Mine (MSHA I.D. No. 29-00802) located in Eddy
County, New Mexico. The petitioner proposes to use 10 minute (Ocenco M-
20 or equivalent) on the miner's belt in concert with a 60 minute Self-
Contained Self-Rescuer (SCSR) located nearby in their Mosaic
Underground Potash Mine. The petitioner states that the miner will wear
the M-20 units (MSHA rated at 10 minutes) on their person and a 60
minute unit (the SR-100, EBA 6.5 or equivalent MSHA rated for 60
minutes) on their vehicles or equipment. These units will be located
within 300 to 500 feet or 5 minutes maximum of the employee. The
combination of devices will be made available to all employees working
underground and maintained in good condition. The petitioner further
states that: (1) This proposal will satisfy the State Mining Act while
enabling the miners to wear an ergonomically suitable SCSR on their
belt; (2) the alternative to the smaller M-20 type are bulky and heavy
units that will expose the miners to additional risk associated with a
large and heavy unit hanging off their belt; and (3) the current MSA W-
65 filter self rescuer (Approval No. TC-14G-82) weighs 2.2 pounds, and
the smallest SCSR is the SR-100 which weighs 6 pounds and is
approximately 2.5 larger than the W-65 filter and is awkward to wear.
The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing
standard.
6. Mosaic Potash Carlsbad, Inc.
[Docket No. M-2006-007-M]
Mosaic Potash Carlsbad, Inc., P.O. Box 71, 1361 Potash Mines Road,
Carlsbad, New Mexico 88221-0071 has filed a petition to modify the
application of 30 CFR 57.15030 (Provision and maintenance of self-
rescue devices) to its Mosaic Underground Potash Mine (MSHA I.D. No.
29-00802) located in Eddy County, New Mexico. The petitioner states that the miner will wear the M-20
units (MSHA rated at 10 minutes) on their person and a 60 minute unit
(the SR-100, EBA 6.5 or equivalent MSHA rated for 60 minutes) on their
vehicles or equipment. These units will be located within 300 to 500
feet or 5 minutes maximum of the employee. The combination of devices
will be made available to all employees working underground and
maintained in good condition. The petitioner further states that: (1)
This proposal will satisfy the State Mining Act while enabling the
miners to wear an ergonomically suitable SCSR on their belt; (2) the
alternative to the smaller M-20 type are bulky and heavy units that
will expose the miners to additional risk associated with a large and
heavy unit hanging off their belt; and (3) the current MSA W-65 filter
self rescuer (Approval No. TC-14G-82) weighs 2.2 pounds, and the
smallest SCSR is the SR-100 which weighs 6 pounds and is approximately
2.5 larger than the W-65 filter and is awkward to wear. The petitioner
asserts that the proposed alternative method would provide at least the
same measure of protection as the existing standard.
7. Intrepid Potash NM LLC
[Docket No. M-2006-008-M]
Intrepid Potash NM LLC, P.O. Box 101, Carlsbad, New Mexico 88221-
0101 has filed a petition to modify the application of 30 CFR 57.15031
(Location of self-rescue devices) to its Intrepid Underground Potash
Mine (MSHA I.D. No. 29-00175 (West)) located in Eddy County, New
Mexico. The petitioner proposes to use 10-Minute (Oeanco M-20 or
equivalent) and 60-Minute Self-Contained Self-Rescuers (SCSRs) in their
Underground Potash Mine outside of Carlsbad, New Mexico. The petitioner
states that the miner will wear the M-20 units (MSHA rated at 10
minutes) on their person and a 60-Minute unit (the SR-100, EBA 6.5 or
equivalent MSHA rated for 60 minutes) on their vehicles or equipment.
The units will be located within 200 to 500 feet or 5 minutes maximum
of the employee. The petitioner asserts that the proposed alternative
method would provide at least the same measure of protection as the
existing standard.
8. Intrepid Potash NM LLC
[Docket No. M-2006-009-M]
Intrepid Potash NM LLC, P.O. Box 101, Carlsbad, New Mexico 88221-
0101 has filed a petition to modify the application of 30 CFR 57.15031
(Location of self-rescue devices) to its Intrepid Underground Potash
Mine (MSHA I.D. No. 29-00170 (East)) located in Lea County, New Mexico.
The petitioner proposes to use 10-Minute (Oeanco M-20 or equivalent)
and 60-Minute Self-Contained Self-Rescuers (SCSRs) in their Underground
Potash Mine outside of Carlsbad, New Mexico. The petitioner states that
the miner will wear the M-20 units (MSHA rated at 10 minutes) on their
person and a 60-Minute unit (the SR-100, EBA 6.5 or equivalent MSHA
rated for 60 minutes) on their vehicles or equipment. The units will be
located within 200 to 500 feet or 5 minutes maximum of the employee.
The petitioner asserts that the proposed alternative method would
provide at least the same measure of protection as the existing
standard.
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 November 2, 2006. Copies of the petitions are
available for inspection at that address.
Dated at Arlington, Virginia, this 27th day of September 2006.v
Patricia W. Silvey,v
Acting Director, Office of Standards, Regulations, and Variances.v
[FR Doc. E6-16309 Filed 10-2-06; 8:45 am]
BILLING CODE 4510-43-P
