[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Notices]
[Pages 12774-12776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4758]


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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 April 9, 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,

[[Page 12775]]

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.

FOR FURTHER INFORMATION CONTACT: Jack Powasnik, Deputy Director, Office 
of Standards, Regulations, and Variances at 202-693-9443 (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-2008-002-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine 75, MSHA I.D. No. 15-17478, located in Perry 
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 check points (examination points) to be 
established in twelve locations of the Parallel Owens Branch Return 
Main due to water accumulations in these areas that prevent foot 
travel. The petitioner proposes to establish examination points at 
certain points to evaluate airflow entering the Parallel Owens Branch 
Return Main and exiting Parallel Owens Branch Return Main. The 
petitioner also proposes to establish ventilation check points between 
certain breaks of the Parallel Owens Branch Return Main. The petitioner 
states that due to poor roof conditions and water accumulations and the 
distance from active works, it is impractical to expose personnel to 
traveling the affected area. The petitioner further states that no 
lesser degree of safety is ensured by traveling to both ends of the 
mains and verifying adequate air volume and quality at the evaluation 
points and check points. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded by the existing standard.

    Docket Number: M-2008-003-C.
    Petitioner: Brooks Run Mining Company, LLC, 208 Business Street, 
Beckley, West Virginia 25801.
    Mine: Wyoming No. 1 Mine, MSHA I.D. No. 46-09213 located in Wyoming 
County, West Virginia; and War Branch No. 1 Mine, MSHA I.D. No. 46-
09055 and Cucumber Slope Mine, MSHA I.D. No. 46-09066 located in 
McDowell County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the deluge-type water spray to function 
without blow-off dust covers on the system nozzles. The petitioner 
proposes to conduct weekly inspection and functional testing of its 
complete deluge-type water spray system and remove blow-off dust cover 
from the nozzles. The petitioner asserts that application of the 
existing standard will at all times guarantee no less than the same 
measure of protection afforded the miners employed by the existing 
standard.

    Docket Number: M-2008-004-C.
    Petitioner: The American Coal Company, P.O. Box 727, Harrisburg, 
Illinois 62946.
    Mine: Galatia Mine, MSHA I.D. No. 11-02752, located in Saline 
County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i), (ii) (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 700 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 
700 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; (10) each splice or 
repair in the trailing cables will be made in a workmanlike manner and 
in accordance with the instructions of the manufacturer of the splice 
or repair materials and will comply with 30 CFR 75.603 and 75.604; (11) 
permanent warning labels will be installed and maintained on the 
cover(s) of the power center identifying the location of each sealed or 
locked short-circuit protection device to warn the miners not to change 
or alter the short-circuit settings. Persons may review a complete 
description of petitioner's alternative

[[Page 12776]]

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 
training for the miners will include the following elements: (1) 
Training in mining methods and operating procedures for protecting the 
trailing cables against damage; (2) training in the proper procedures 
for examining the trailing cables to ensure safe operating conditions; 
(3) training in the hazards of setting the instantaneous circuit 
breakers too high to adequately protect the trailing cables; and (4) 
training on how to verify that interrupting device(s) protecting the 
trailing cable(s) are properly set and maintained. The petitioner 
further state that within 60 days after the petition is granted, 
revisions to the Part 48 training plan will be submitted to the 
District Manager for the area in which the mine is located. The 
petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection to the 
miners as would be provided by the existing standard.
    Docket Number: M-2008-005-C.
    Petitioner: Bear Gap Coal Company, 74 Kushwa Road, Spring Glen, 
Pennsylvania 17978.
    Mine: N & L Slope Mine, MSHA I.D. No. 36-02203, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.311(a) (Main mine fan operation).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the main mine fan to be idle during non-
working hours. The petitioner states that historically, the main mine 
fan operation has been shut down during non-working shifts, because of 
icing during the winter months. The petitioner proposes to use the 
following stipulations in the fan stoppage plan: (1) Shut the main mine 
fan down during idle periods; (2) no mechanized equipment will be used 
underground when the fan is idle; (3) no electric power circuits will 
be energized when the fan is idle; (4) the main mine fan will be 
operated for a minimum of one-half hour after the pressure recorder 
indicates that the normal mine ventilating pressure has been reached 
prior to any one entering the mine; (5) the slope gunboat may be used 
to make the required per-shift examination; (6) the communication 
circuit 9-volts will be energized prior to the pre-shift being made; 
(7) a certified person will conduct an examination of the entire mine 
according to the requirements in 30 CFR 75.360; (8) persons will be 
allowed to enter the mine after it is determined to be safe and the 
pre-shift examination results have been recorded. The petitioner 
further states that repeated testing of methane concentrations have 
shown that concentration levels at no time have risen above 0.0 
percent. The petitioner asserts that the proposed alternative method 
will in no way would provide less than the same measure of protection 
afforded the miners under the existing standard.

    Dated: March 4, 2008.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-4758 Filed 3-7-08; 8:45 am]
BILLING CODE 4510-43-P