[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Notices]
[Pages 69680-69681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27406]


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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 December 19, 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 2350, 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 2350, 
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, 
Office of Standards, Regulations, and Variances.
    MSHA 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: Barbara Barron, Office of Standards, 
Regulations, and Variances 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-2008-047-C.
    Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler, 
Illinois 62238.
    Mine: Prairie Eagle Underground Mine, MSHA I.D. No. 11-03147, 
located in Perry County, Illinois.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard which requires that nozzles attached to the branch 
lines be full cone, corrosion resistant and provided with blow-off dust 
covers. The petitioner proposes an alternative method for deluge-type 
water spray systems installed at belt conveyor drives conditioned upon 
compliance with the following terms and guidelines: (1) A person 
trained in the testing procedures specific to the deluge-type water 
spray fire suppression systems utilized at each belt drive will once 
weekly: (a) Conduct a visual examination of each of the deluge-type 
water spray fire suppression systems; (b) conduct a functional test of 
the deluge-type water spray fire suppression systems and observe its 
performance; and (c) record the results of the examination and 
functional test in a book maintained on the surface for that purpose. 
The petitioner states that: (1) Any malfunction or clogged nozzle 
detected as a result of the weekly examination or functional test will 
be corrected; (2) within sixty days after the Proposed Decision and 
Order becomes final, proposed revisions for part 48 training plans will 
be submitted to the District Manager for the area in which the mine is 
located. The provisions will specify the procedure used to conduct the 
weekly functional test, and initial and refresher training regarding 
the conditions specified by the Proposed Decision and Order. The 
petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection to all 
miners as would be provided by the existing standard.
    Docket Number: M-2008-048-C.
    Petitioner: Mountain Edge Mining, Inc., P.O. Box 2226, Beckley, 
West Virginia 25802-2226.
    Mine: Coalburg No. 1 Mine, MSHA I.D. No. 46-09082, 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 high-voltage (2,400-volt) 
continuous mining machines and associated cables. The petitioner states 
that: (1) The portable transformer that supplies power to the 995-volt 
tramming motors, essential hydraulic pump motors, and control circuitry 
on the continuous miner when the miner is trammed into, out of, or 
around the mine, will not be used to back-feed the 2,400-volt circuits 
on the continuous miner. The portable transformer used to power the 
continuous miner for tramming will not be moved when energized; (2) the 
nominal voltage of power circuits will not exceed 2,400 volts; (3) the 
nominal voltage of control circuits will not exceed 120 volts; (4) the 
ground-fault current will be limited by a neutral

[[Page 69681]]

grounding resistor to not more than 0.5 ampere and if problems are 
detected, the neutral grounding resistor may be adjusted to limit the 
ground-fault current to not more than 1.0 ampere; (5) the 1.0 ampere 
setting cannot be implemented until MSHA inspects the neutral grounding 
resistor and determines that the neutral grounding resistor and all 
ground-fault relays are properly adjusted to protect the high-voltage 
trailing cable; (6) current transformers used for the ground-fault 
protection will be the single-window type and will be installed to 
encircle all three-phase conductors; (7) high-voltage circuits will be 
protected against short-circuits, overloads, ground faults and under-
voltage by a circuit-interrupting device of adequate interrupting 
capacity; and (8) within sixty days after the Proposed Decision and 
Order becomes final, proposed revisions for part 48 training plans will 
be submitted to the District Manager for the area in which the mine is 
located. These proposed revisions will include, but are not limited to, 
task training, hazard training, specialized training for qualified 
persons, and annual refresher training. The petitioner has listed 
additional procedures in this petition that will be used when the 
proposed alternative method is implemented. Persons may review a 
complete description of the procedures and training requirements 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 as the existing 
standard.
    Docket Number: M-2008-003-M.
    Petitioner: Zeigler Chemical & Mineral Corp., 366 North Broadway, 
Suite 210, Jericho, New York.
    Mine: Little Bonanza Mines and Mills, MSHA I.D. No. 42-00876, 
Harrison Mine, MSHA I.D. No. 42-02484, and the Neal 4 Mine, 
MSHA I.D. No. 42-02317, all located in Uintah County, Utah.
    Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard for its gilsonite mines to permit the use of two mine 
rescue teams with three members and one alternate for each team. The 
petitioner states that: (1) The underground mine is a small mine and 
there is hardly enough physical room to accommodate more than three or 
four miners in the working places; (2) an attempt to utilize five or 
more rescue team members in the mine's confined working places would 
result in a diminution of safety to both the miners at the mine and 
members of the rescue team; (3) no electric power is used in the mines 
other than battery operated hard hat lights; and (4) all work below 
ground is done by hand using compressed air which is fed from above 
ground. The petitioner asserts that a decision in their favor will in 
no way provide less than the same measure of protection afforded the 
miners under the existing standard.

    Dated: November 13, 2008.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-27406 Filed 11-18-08; 8:45 am]
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