[Federal Register Volume 73, Number 17 (Friday, January 25, 2008)]
[Notices]
[Pages 4638-4640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1309]


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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 February 25, 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 4639]]


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-2007-069-C.
    Petitioner: Cumberland River Coal Company, Pardee Complex, P.O. 
Drawer 109, Appalachia, Virginia 24216.
    Mine: Dogwood 2 Mine, MSHA I.D. No. 44-07018, located in 
Wise County, Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner proposes to place refuse rock 
from preparation plant operations over the abandoned portals of the Old 
Dominion Energy, Inc., Dogwood 2 Mine and is requesting 
modification of the existing standard to allow extension of refuse site 
1211-VA5-0286-82 to that area. The petitioner states that: (1) 
Modification of the existing standard would not jeopardize the safety 
of the miners at the mine or the disposal area; (2) no miners have been 
working in the mine since it has been abandoned; (3) there are four 
mine openings in the area planned for placement of refuse rock; (4) the 
openings are in the Low Split D seam at an elevation of 2,460 feet; and 
(5) the site is lower in elevation than the mine openings. The 
petitioner has listed in this petition specific steps that will be 
followed when sealing the abandoned mine openings in preparation for 
placement of refuse rock. Persons may review a complete description of 
the proposed steps and procedures at the MSHA address listed in the 
notice. The petitioner asserts that the proposed preparation for refuse 
rock placement will maintain the same level of safety as the existing 
standard.
    Docket Number: M-2007-070-C.
    Petitioner: White County Coal, LLC, P.O. Box 457, Carmi, Illinois 
62821.
    Mine: Pettiki Mine, MSHA I.D. No. 11-03058, located in White 
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 American Wire Gauge (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; (9) any 
trailing cable that is not in safe operating condition will be removed 
from service immediately and repaired or replaced; and (10) splices or 
repairs shall be workmanlike, in accordance with manufacturer's 
instructions and 30 CFR 75.603 and 75.604. 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 have 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-2007-071-C.
    Petitioner: Independence Coal Company.
    Mine: Allegiance Mine, MSHA I.D. No. 46-08735, located in Boone 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a 2400-volt power center to 
power a continuous miner with high-voltage trailing cable inby the last 
open crosscut and within 150 feet of pillar workings. The petitioner 
has listed in this petition specific steps that will be followed. 
Persons may review a complete description of the proposed steps and 
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 at the mine by the existing standard.
    Docket Number: M-2007-072-C.
    Petitioner: Harlan-Cumberland Coal Company, LLC, P.O. Box 269, 
Grays Knob, Kentucky 40829.
    Mine: Totz Preparation Plant, MSHA I.D. No. 15-10657, and Coarse 
Coal Refuse Fill 1, located in Harlan County, Kentucky.

[[Page 4640]]

    Regulation Affected: 30 CFR 77.214 (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit coarse refuse fill to be constructed over 
abandoned underground mine openings because the mines are abandoned and 
all reserves in these mines have been depleted. The petitioner states 
that: (1) There are no safety issues that might affect any underground 
miners; (2) surface workers at the coal preparation plant will be 
protected by clearly identifying the openings and insuring that the 
openings are sealed and/or provided drainage. The petitioner further 
states that: (1) The openings at issue have been abandoned since as 
early as the mid-1900's and as late as the late 1990's and represent no 
threat to underground miners because all of the affected mine workings/
openings are abandoned; (2) there are no active underground mine 
workings above or below the abandoned coal seams in this area; and (3) 
there are no active workings within 2,000 feet of the coarse refuse 
fill. The petitioner asserts that the proposed alternative method will 
achieve and guarantee the same measure of protection afforded by the 
standard.

    Dated: January 17, 2008.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-1309 Filed 1-24-08; 8:45 am]
BILLING CODE 4510-43-P