[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42598-42601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16669]


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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 August 21, 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 42599]]

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, Acting Deputy 
Director, 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 requirements and 
procedures for filing petitions for modifications.

II. Petitions for Modification

    Docket Number: M-2008-033-C.
    Petitioner: Penn View Mining, Inc., 2340 Smith Road, Shelocta, 
Pennsylvania 15774.
    Mine: TJS 6 Mine, MSHA I.D. No. 36-09464, located in 
Armstrong County, Pennsylvania.
    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 permit the cable length to be increased for cable 
supplying power to two Fletcher Roof Ranger II Roof Bolters. The 
voltage for these machines is 480-volts, three-phase alternating 
current. The petitioner states that: (1) The maximum length of the 480-
volt trailing cables be increased to 1200 feet when No. 2 American Wire 
Gauge (AWG) cable is being used, and the maximum length of the 480-volt 
trailing cable be 950 feet when No. 4 AWG cable is being used; (2) the 
trailing cables for the 480-volt Fletcher Roof Ranger II Roof Bolters 
will not be smaller than No. 4 AWG cable; (3) all circuit breakers used 
to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable 
exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 500 amperes; (4) the trip setting for these 
circuit breakers will be sealed to ensure that the settings on these 
breakers cannot be changed, and each one will have permanent legible 
labels identifying the circuit breakers as being suitable for 
protecting the cables as listed above; (5) replacement circuit breakers 
and/or instantaneous trip units used to protect the No. 2 AWG trailing 
cable or the No. 4 AWG trailing cable will be calibrated to trip at 500 
amperes, and this setting will be sealed; (6) all components that 
provide short-circuit protection will have a sufficient interruption 
rating in accordance with the maximum calculated fault currents 
available; (7) during each production day the trailing cables and the 
circuit breakers will be examined in accordance with all 30 CFR 
provisions; (8) permanent labels to warn miners not to change or alter 
the settings of these devices will be installed and maintained on the 
load center identifying the location of each short-circuit protective 
device; and (9) if the affected trailing cables are damaged in any way 
during the shift, the cable will be de-energized and repairs will be 
made. Persons may review a complete description of petitioner's 
alternative method and procedures at the MSHA address listed in this 
notice. The petitioner states that the alternative method will not be 
implemented until all miners designated to operate the Roof Ranger II 
or any other person designated to examine the trailing cables or trip 
settings on the circuit breakers have received proper training. The 
training for the miners will include the following elements: (1) 
Training in the hazards of setting the short-circuit interrupting 
device(s) too high to adequately protect the trailing cables; (2) 
training on how to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained; (3) 
training in mining methods and operating procedures for protecting the 
trailing cables against damage; and (4) training in the proper 
procedures for examining the trailing cables to ensure that the cables 
are in safe operating conditions by a visual inspection of the entire 
cable, observing the insulation, the integrity of the splices, and 
nicks and abrasions. The petitioner further states that within 60 days 
after the Proposed Decision and Order becomes final, the proposed 
revisions for its approved 30 CFR part 48 training plan will be 
submitted to the District Manager. These proposed revisions will 
specify task training for miners designated to examine the trailing 
cables for safe operating conditions, and verify that the short-circuit 
settings of the circuit interrupting device(s) that protect the 
affecting trailing cables do not exceed the specified setting(s). The 
petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection afforded 
the miners by such standard with no diminution of safety to the miners.

    Docket Number: M-2008-034-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mines: Beaver Valley Mine, MSHA I.D. No. 36-08725, located in 
Beaver County, Pennsylvania; Clementine Mine, MSHA I.D. No. 36-08862 
and Logansport Mine, MSHA I.D. No. 36-08841, located in Armstrong 
County, Pennsylvania; Little Toby Mine, MSHA I.D. No. 36-08847, located 
in Elk County, Pennsylvania; Lowry Mine, MSHA I.D. No. 36-09287 and 
Toms Run Mine, MSHA I.D. No. 36-08525, located in Indiana County, 
Pennsylvania; Mine 78, MSHA I.D. No. 36-09371, located in Somerset 
County, Pennsylvania; Penfield Mine, MSHA I.D. No. 36-09355, located in 
Clearfield County, Pennsylvania; and Tusky Mine, MSHA I.D. No. 33-
04509, located in Tuscarawas County, Ohio.
    Regulation Affected: 30 CFR 75.1100-2(e)(2) (Quantity and location 
of firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternate method of compliance with the 
firefighting equipment requirement at temporary electrical 
installations. The petitioner proposes to supply two fire extinguishers 
or one fire extinguisher of twice the required capacity at all 
temporary electrical installations in lieu of 240 pounds of rock dust. 
The petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection afforded 
the miners by such standard with no diminution of safety to the miners.


[[Page 42600]]


    Docket Number: M-2008-035-C.
    Petitioner: Jim Walter Resources, Inc., P.O. Box 133, Brookwood, 
Alabama 35444.
    Mine: No. 4 Mine, MSHA I.D. No. 01-01247 and No. 7 Mine, MSHA I.D. 
No. 01-01401, both located in Tuscaloosa County, Alabama.
    Regulation Affected: 30 CFR 50.30 (Preparation and submission of 
MSHA Form 7000-2--Quarterly Employment and Coal Production Report).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit MSHA Form 7000-2 to be completed and 
submitted within 60 days after the end of each calendar quarter. The 
petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection afforded 
the miners by the standard.

    Docket Number: M-2008-036-C.
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Gillhouser Run Mine, MSHA I.D. No. 36-09033, located in 
Indiana 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 an alternative method to use low-voltage or 
battery-powered non-permissible electronic surveying equipment in or 
inby the last open crosscut, or within 150 feet of pillar workings 
under controlled conditions for surveying and mapping of the working 
section, and for final surveying in the return areas of the mine. 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: Low-voltage or battery-powered non-permissible 
electronic surveying equipment, portable battery operated hand drills, 
portable battery operated mine transits, electronic distance meters, 
and other equipment that may have to be used including but not limited 
to tools such as laptop computers. 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 of mine plans, and relative closeness to other abandoned 
mines requires that accurate and precise measurements be completed in a 
prompt and efficient manner; (3) all non-permissible electronic 
surveying equipment used in or inby the last open crosscut shall be 
examined prior to use to ensure that the equipment is being maintained 
in safe operating conditions; (4) the equipment will be examined at 
intervals not to exceed 7 days by a qualified person as defined in 30 
CFR 75.153; (5) examination results will be recorded in the weekly 
examination of electrical equipment book; (6) a qualified person as 
defined in 30 CFR 75.151 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, in 
return areas, or within 150 feet of pillar workings; (7) if 1.0 percent 
or more of methane is detected, non-permissible electronic surveying 
equipment will be de-energized immediately and will be withdrawn outby 
the last open crosscut to intake air, or to a minimum of 150 feet outby 
the pillar workings; (8) all hand-held methane detectors will be MSHA-
approved and maintained in permissible and proper operating condition 
as defined under 30 CFR 75.320; (9) qualified personnel engaged in the 
use of electronic surveying equipment will be properly trained to 
recognize the hazards and limitations associated with the use of such 
equipment; and (10) all electronic surveying equipment will be used in 
accordance with the manufacturer's recommended safe use procedures. 
Persons may review a complete description of petitioner's alternative 
method 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 by such standard.

    Docket Number: M-2008-037-C.
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Madison Mine, MSHA I.D. No. 36-09127, located in Cambria 
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 an alternative method to use low-voltage or 
battery-powered non-permissible electronic surveying equipment in or 
inby the last open crosscut, or within 150 feet of pillar workings 
under controlled conditions for surveying and mapping of the working 
section, and for final surveying in the return areas of the mine. 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: Low-voltage or battery-powered non-permissible 
electronic surveying equipment, portable battery operated hand drills, 
portable battery operated mine transits, electronic distance meters, 
and other equipment that may have to be used including but not limited 
to tools such as laptop computers. 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 of mine plans, and relative closeness to other abandoned 
mines requires that accurate and precise measurements be completed in a 
prompt and efficient manner; (3) all non-permissible electronic 
surveying equipment used in or inby the last open crosscut shall be 
examined prior to use to ensure that the equipment is being maintained 
in safe operating conditions; (4) the equipment will be examined at 
intervals not to exceed 7 days by a qualified person as defined in 30 
CFR 75.153; (5) examination results will be recorded in the weekly 
examination of electrical equipment book; (6) a qualified person as 
defined in 30 CFR 75.151 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, in 
return areas, or within 150 feet of pillar workings; (7) if 1.0 percent 
or more of methane is detected, non-permissible electronic surveying 
equipment will be de-energized immediately and will be withdrawn outby 
the last open crosscut to intake air, or to a minimum of 150 feet outby 
the pillar workings; (8) all hand-held methane detectors will be MSHA-
approved and maintained in permissible and proper operating condition 
as defined under 30 CFR 75.320; (9) qualified personnel engaged in the 
use of electronic surveying equipment will be properly trained to 
recognize the hazards and limitations associated with the use of such 
equipment; and (10) all electronic surveying equipment will be used in 
accordance with the manufacturer's recommended safe use procedures. 
Persons may review a complete description of petitioner's alternative 
method and procedures at the MSHA

[[Page 42601]]

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 by such standard.

    Docket Number: M-2008-038-C.
    Petitioner: AMFIRE Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Nolo Mine, MSHA I.D. No. 36-08850, located in Indiana 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 an alternative method to use low-voltage or 
battery-powered non-permissible electronic surveying equipment in or 
inby the last open crosscut, or within 150 feet of pillar workings 
under controlled conditions for surveying and mapping of the working 
section, and for final surveying in the return areas of the mine. 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 troubleshooting and repair 
of mining equipment commonly used and accepted which may include, but 
is not limited to: Low-voltage or battery-powered non-permissible 
electronic surveying equipment, portable battery operated hand drills, 
portable battery operated mine transits, electronic distance meters, 
and other equipment that may have to be used including but not limited 
to tools such as laptop computers. 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 of mine plans, and relative closeness to other abandoned 
mines require that accurate and precise measurements be completed in a 
prompt and efficient manner; (3) all non-permissible electronic 
surveying equipment used in or inby the last open crosscut shall be 
examined prior to use to ensure that the equipment is being maintained 
in safe operating conditions; (4) the equipment will be examined at 
intervals not to exceed 7 days by a qualified person as defined in 30 
CFR 75.153; (5) examination results will be recorded in the weekly 
examination of electrical equipment book; (6) a qualified person as 
defined in 30 CFR 75.151 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, in 
return areas, or within 150 feet of pillar workings; (7) if 1.0 percent 
or more of methane is detected, non-permissible electronic surveying 
equipment will be de-energized immediately and will be withdrawn outby 
the last open crosscut to intake air, or to a minimum of 150 feet outby 
the pillar workings; (8) all hand-held methane detectors will be MSHA-
approved and maintained in permissible and proper operating condition 
as defined under 30 CFR 75.320; (9) qualified personnel engaged in the 
use of electronic surveying equipment will be properly trained to 
recognize the hazards and limitations associated with the use of such 
equipment; and (10) all electronic surveying equipment will be used in 
accordance with the manufacturer's recommended safe use procedures. 
Persons may review a complete description of petitioner's alternative 
method 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 by such standard.

Lawrence D. Reynolds,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
 [FR Doc. E8-16669 Filed 7-21-08; 8:45 am]
BILLING CODE 4510-43-P