[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Pages 28528-28530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10943]


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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 June 16, 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.

FOR FURTHER INFORMATION CONTACT: Lawrence D. Reynolds, Office of 
Standards, Regulations, and Variances at 202-693-9449 (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

[[Page 28529]]

requirements and procedures for filing petitions for modifications.

II. Petitions for Modification

    Docket Number: M-2008-012-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: Mine 81, MSHA I.D. No. 15-12753, located in Leslie 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(1) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit check points (examination points) to be 
established in six locations of the Turkey Creek Cutout Mains due to 
poor roof conditions. The petitioner proposes to establish examination 
points at certain points to evaluate airflow entering the Turkey Creek 
Cutout Mains and exiting the Turkey Creek Cutout Mains. The petitioner 
also proposes to establish ventilation check points between certain 
breaks of the Turkey Creek Cutout Mains. The petitioner states that: 
(1) The size of the areas that has adverse roof conditions is 
substantial and would expose rehabilitation crews to draw rock hazards 
unnecessarily; (2) the Turkey Creek Cutout Mains has value for the 
mines from a ventilation standpoint and it is mine managements' desire 
not to seal these portals; (3) the areas are no longer utilized from 
supplies or personnel travel; (4) the area will continue to be examined 
as required by the standard, but evaluation of the inlet and outlet 
would provide the necessary examination without exposing the mine 
personnel to roof hazards; and (5) no less degree of safety is ensured 
by traveling to both ends of the mains and verifying adequate air 
volume and quality at the noted 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-2008-013-C.
    Petitioner: South Tamaqua Coal Pockets, Inc., 804 West Penn Pike, 
Tamaqua, Pennsylvania 18252.
    Mine: Yorktown Operation, MSHA I.D. No. 36-09088, located in 
Luzerne County, Pennsylvania.
    Regulation Affected: 30 CFR 77.1200(c) & (k) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of cross-sections in lieu of 
contour lines at regular intervals through the area to be mined and to 
limit the required mapping of mine workings below to those present 
within 100 feet of the vein(s) being mined. The petitioner states that: 
(1) Due to the steep pitch encountered in mining anthracite coal veins, 
contours provide no useful information and their presence would make 
portions of the map illegible; (2) use of cross-sections in lieu of 
contour lines has been practiced since the late 1800's thereby 
providing critical information relative to the spacing between veins 
and proximity to other mine workings which fluctuate considerably; (3) 
the vast majority of current surface anthracite mining involves either 
the mining of remnant pillars from previous mining/mine operators or 
the mining of veins of lower quality in proximity to inaccessible and 
frequently flooded abandoned mine workings which may or may not be 
mapped; and (4) the mine workings below are usually inactive and 
abandoned, and therefore, are not subject to changes during the life of 
the mine, but active mines will be mapped. The petitioner asserts that 
the proposed alternative method will in no way provide less than the 
same measure of protection than that afforded the miners under the 
existing standard.

    Docket Number: M-2008-014-C through M-2008-018-C.
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Ondo Extension Mine, MSHA I.D. No. 36-09005, Nolo Mine, MSHA 
I.D. No. 36-08850, Gillhouser Run Mine, MSHA I.D. No. 36-09033, all 
located in Indiana County, Pennsylvania; Madison Mine, MSHA I.D. No. 
36-09127, located in Cambria County, Pennsylvania; and Dora 8 Mine, 
MSHA I.D. No. 36-08704, located in Jefferson County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of low-voltage or battery-powered 
non-permissible electronic testing and diagnostic equipment in or inby 
the last open crosscut or within 150 feet of pillar workings, under 
controlled conditions, for testing and diagnosing mining equipment. The 
petitioner proposes to use the following equipment within 150 feet of 
pillar workings. The petitioner seeks modification of 30 CFR 75.500(d) 
and any other applicable standards as they pertain to restricting the 
use of non-permissible or non-intrinsically safe electrical testing and 
diagnostic equipment used by maintenance personnel for trouble shooting 
and repair of mining equipment commonly used and accepted which may 
include, but is not limited to: 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. The 
petitioner states that: (1) Application of the existing standard will 
result in a diminution of safety to the miners; (2) mining equipment by 
its nature, size, complexity, and location require that when disabled 
and requiring repair the equipment is nearly impossible and potentially 
unsafe to move or attempt to move to a location out by the last open 
crosscut in order to use non-permissible testing and diagnostic 
equipment; (3) all non-permissible electronic testing and diagnostic 
equipment used in or inby the last open crosscut will be examined by a 
qualified person as defined in 30 CFR 75.153 prior to use to ensure the 
equipment is being maintained in a safe operating condition; (4) 
examination results will be recorded in the weekly examination of 
electrical equipment book; (5) a qualified person will continuously 
monitor for methane immediately before and during the use of non-
permissible electronic test and diagnostic equipment in or inby the 
last open crosscut; (6) if 1.0 percent or more of methane is detected 
while the non-permissible electronic testing and diagnostic equipment 
is being used, the equipment will be de-energized immediately and the 
non-permissible electronic equipment will be withdrawn outby the last 
open crosscut or to a minimum of 150 feet outby the pillar workings; 
(7) all hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined 
under 30 CFR 75.75.320; and (8) qualified personnel using the 
electronic test and diagnostic equipment will be properly trained to 
recognize the hazards and limitations associated with the use of 
electronic test and diagnostic equipment. The petitioner further states 
that the proposed methods and conditions will be included in the 
initial and annual refresher training and the approved Part 48 training 
plans, to ensure that miners are aware of the stipulations contained in 
this petition. Persons may review a complete description of 
petitioner's alternative method and procedures at the MSHA address 
listed in the notice. The petitioner asserts that the proposed

[[Page 28530]]

alternative method will in no way provide less than the same measure of 
protection than that afforded the miners under the existing standard.

    Docket Number: M-2008-019-C.
    Petitioner: White County Coal, LLC, 1525 County Road 1300 N, P.O. 
Box 457, Carmi, Illinois 62821.
    Mine: Pattiki 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(a)(5)(i) and (ii) (Portable 
(trailing) cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables to be 
increased for supplying power to permissible pumps. The petitioner 
states that: (1) This petition will only apply to trailing cables 
supplying three-phase 480-volt power for permissible pumps; (2) the 
maximum length of the 480-volt power for permissible pumps will be 4000 
feet; (3) the 480-volt power for permissible pump trailing cables will 
not be smaller than 6 American Wire Gauge (AWG); (4) all 
circuit breakers used to protect 6 AWG trailing cables 
exceeding 500 feet in length will have an instantaneous trip unit 
calibrated to trip at 60 amperes; (5) the circuit breakers trip setting 
will be sealed or locked, and have permanent legible labels identifying 
the circuit breakers as being suitable for protecting 6 AWG 
cables; (6) replacement of instantaneous trip units used to protect 
6 AWG trailing cables exceeding 500 feet in length will be 
calibrated to trip at 60 amperes and this setting will be sealed or 
locked; (7) all circuit breakers used to protect 2 AWG 
trailing cables exceeding 500 feet in length will have instantaneous 
trip units calibrated to trip at 150 amperes and the trip setting of 
these circuit breakers will be sealed or locked and will have permanent 
legible labels that will be maintained as legible to identify the 
circuit breaker as being suitable for protecting 2 AWG cables; 
(8) replacement of instantaneous trip units, used to protect 2 
AWG trailing cables exceeding 500 feet in length will be calibrated to 
trip at 150 feet in length and calibrated to trip at 150 amperes and 
the setting will be sealed or locked; and (9) 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 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 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 states 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.

    Dated: May 12, 2008.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-10943 Filed 5-15-08; 8:45 am]
BILLING CODE 4510-43-P