[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70350-70351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23933]


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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.

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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 January 10, 2008.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic mail: [email protected].
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209, 
Attention: Patricia W. Silvey, Director, Office of Standards, 
Regulations, and Variances.
    4. Hand-Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, 
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, 
Office of Standards, Regulations, and Variances.
    We will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments. Individuals 
who submit comments by hand-delivery are required to check in at the 
receptionist desk on the 21st floor.
    Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.

[[Page 70351]]


FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory 
Development Division at 202-693-9444 (Voice), [email protected] 
(E-mail), or 202-693-9441 (Telefax), or contact Barbara Barron at 202-
693-9447 (Voice), [email protected] (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-2007-066-C.
    Petitioner: Knight Hawk Coal, LLC, 501 Barwick Road, Elkville, 
Illinois 62932.
    Mine: Royal Falcon Mine, MSHA I.D. No. 11-03162, located in Jackson 
County, Illinois
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to increase the maximum length of cables supplying 
power to permissible equipment used in continuous mining sections. The 
petitioner states that: (1) This petition will only apply to trailing 
cables supplying three-phase, 995-volt power to continuous mining 
machines and trailing cables supplying three-phase, 480-volt power to 
roof bolters; (2) the maximum length of the 995-volt continuous mining 
machine trailing cables will be 950 feet and the maximum length of the 
480-volt trailing cables for roof bolters will be 900 feet; (3) 995-
volt continuous mining machine trailing cables will not be smaller than 
2/0 and the 480-volt trailing cables for roof bolters will not be 
smaller than 2 AWG; (4) all circuit breakers used to protect 
2/0 trailing cables exceeding 850 feet in length will have 
instantaneous trip units calibrated to trip at 1,500 amperes and the 
trip setting will be sealed or locked and will have permanent legible 
permanent labels that will be maintained as legible to identify the 
circuit breaker as being suitable for protecting 2/0 cables; (5) 
replacement instantaneous trip units, used to protect 2/0 trailing 
cables, will be calibrated to trip at 1,500 amperes and the setting 
will be sealed or locked; (6) all circuit breakers used to protect 
2 AWG trailing cables exceeding 700 feet in length will have 
instantaneous trip units calibrated to trip at 800 amperes, the trip 
setting will be sealed or locked, and the circuit breakers will have 
permanent legible labels that will be maintained as legible to identify 
the circuit breakers as being suitable for protecting 2 AWG 
cables; (7) replacement instantaneous trip units used to protect 
2 AWG trailing cables will be calibrated to trip at 800 
amperes and the setting will be sealed or locked; (8) the designated 
operator will visually examine the trailing cables during each 
production day to ensure that the cables are operating safely and the 
instantaneous settings of the calibrated breakers do not have seals or 
locks removed and do not exceed the stipulated settings; and (9) any 
trailing cable that is not in safe operating condition will be removed 
from service immediately and repaired or replaced. Persons may review a 
complete description of petitioner's alternative method and procedures 
at the MSHA address listed in the notice. The petitioner states that 
the alternative method will not be implemented until miners designated 
to examine the integrity of the seals or locks verify the short-circuit 
settings, and proper procedures training has been provided for 
examining trailing cables for defects and damage. The petitioner 
further states that the miners will be trained in the terms and 
conditions of the Proposed Decision and Order, and within 60 days the 
petitioner will submit revisions of its Part 48 training plan to the 
District Manager that includes task training to comply with the final 
order. The petitioner asserts that the proposed alternative method will 
at all times guarantee no less than the same measure of protection to 
the miners.
    Docket Number: M-2007-067-C.
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnson City, Illinois 
62951.
    Mine: Mach No. 1 Mine, MSHA I.D. No. 11-03141 located in Williamson 
County, Illinois.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit, through the use of alternative safety 
measures, the mining through or intersecting of certain oil and gas 
wells located within the projected workings of its No. 1 Mine to 
recover significant and valuable coal resources in an area of the mine 
penetrated by several abandoned oil and gas wells. The petitioner 
asserts that the proposed alternative method would provide the same 
measure of protection afforded the miners by application of the 
existing standard.
    Docket Number: M-2007-068-C.
    Petitioner: KenAmerican Resources, Inc., 7590 State Route 181, 
Central City, Kentucky 42330.
    Mine: Paradise Mine, MSHA I.D. No. 15-17741 located in Muhlenberg 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit a measuring point location to be 
established in the Main East Parallel return at crosscut 13 
(MPLME-01) and in the Main North Parallel return at crosscut 
169 (MPLMN-02). The petitioner states that due to 
deteriorating roof conditions in these affected areas of the mine it is 
not desirable for normal travel for inspections and examinations. The 
petitioner asserts that the alternative method would at all times 
guarantee the same measure of protection as the existing standard.

    Dated: November 30, 2007.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E7-23933 Filed 12-10-07; 8:45 am]
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