[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Notices]
[Pages 80433-80436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31121]


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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

[[Page 80434]]

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 January 30, 2009.

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-2008-049-C.
    Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler, 
Illinois 62238.
    Mine: Prairie Eagle SOUTH Underground Mine, MSHA I.D. No. 11-03205 
located in Perry County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit trailing cables supplying power to 
permissible equipment to be increased to the maximum length for use 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) the 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 circuits 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; (5) the trip settings of the 
circuit breakers will be sealed or locked and will have permanent 
legible labels; and (6) each label will identify the circuit breaker as 
being suitable for protecting 2/0 cables and the label will be 
maintained legible. 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 to all miners at the Prairie Eagle SOUTH 
Underground Mine as would be provided by the mandatory standard.
    Docket Number: M-2008-050-C.
    Petitioner: River View Coal, LLC, 835 St., Route 1179, Waverley, 
Kentucky 42462.
    Mine: River View, MSHA I.D. No. 15-03178, located in Union County, 
Kentucky.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests an alternative method 
of compliance for leaving barrier pillars around oil and gas wells. The 
petitioner proposes to mine through oil and gas wells in all mineable 
coalbeds. The petitioner states that: (1) A safety barrier of 300 feet 
in diameter (150 feet between any mined area and a well) will be 
maintained around all oil and gas wells until approval to proceed with 
mining has been obtained from the District Manager; (2) the minimum 
safety barrier approved by the District Manager between any mined area 
and a well will be 70 feet in diameter for an abandoned well, and 100 
feet in diameter for an operational well based on the geological nature 
of the strata and the functionality of the well as found in the mine 
area; and (3) consummate to the well being located on the surface using 
high resolution Global Positioning System (GPS), and being tied to the 
underground traverse with accuracy no less than 1:30,000. 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 provide a measure of 
protection to all miners greater than that of the existing standard.

    Docket Number: M-2008-051-C.
    Petitioner: River View Coal, LLC, 835 St. Rt. 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. No. 15-03178 located in Union 
County, Kentucky.
    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 which requires the operator of each coal mine to 
maintain in permissible condition all electric face equipment required 
by 30 CFR 75.500, 75.501, and 75.504 to be permissible when taken into 
or used inby the last open crosscut of any such mine. The petitioner 
proposes to increase the maximum length of trailing cables supplying 
power to permissible equipment used in continuous mining sections by 
using the following methods: (1) The petition will apply only to 
trailing cables supplying three-phase, 995-volt power to continuous 
mining machines and to 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

[[Page 80435]]

900 feet; (3) the 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 circuits breakers used to protect 2/0 trailing cables exceeding 
850 feet in length will have an instantaneous trip unit calibrated to 
trip at 1,500 amperes; (5) the trip setting of the circuit breakers 
will be sealed or locked and will have permanent legible labels; and 
(6) each label will identify the circuit breaker as being suitable for 
protecting 2/0 cables and the label will be maintained legible. 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 to all 
miners at the River View Mine as would be provided by the existing 
standard.

    Docket Number: M-2008-052-C.
    Petitioner: Consolidation Coal Company, 1000 CONSOL Energy Drive, 
Canonsburg, Pennsylvania 15317.
    Mine: Blacksville No. 2 Mine, MSHA I.D. No. 46-01968, located in 
Monongalia County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard that requires the operator to establish and maintain 
barriers around its oil and gas wells. The petitioner proposes to seal 
the Pittsburgh Coal Seam from the surrounding strata at the affected 
wells by using technology developed through a successful well-plugging 
program. The petitioner states that since the inception of the well-
plugging program, more than 550 previously abandoned oil and gas wells 
have been effectively plugged and more than 475 gas and/or petroleum 
wells have been successfully mined through or around. 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 provide no less than 
the same measure of protection to all miners at the Blacksville No. 2 
Mine as would be provided by the existing standard.

    Docket Number: M-2008-053-C.
    Petitioner: Heidtman Mining, LLC, P.O. Box 312, 6451 Happy Valley 
Road, Hartford, Arkansas 72938.
    Mine: Sebastian County Coal Mine, MSHA I.D. No. 03-01736, located 
in Sebastian County, Arkansas.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard that requires the operator to establish and maintain 
barriers around its oil and gas wells that should not be less than 300 
feet in diameter. The petitioner states that: (1) This petition is 
based on the premise that reducing methane in a coal seam prior to 
mining provides a better and safer environment for miners; (2) it sets 
forth procedures whereby the petitioner and the miners will have all 
the advantages of coal degasification procedures and be able to safely 
approach and decommission each pinnate (drill hole) drilled for 
degasification when such pinnate lies ahead of mining in progress; (3) 
the essence of the procedures is to put the entire well system under 
substantial negative pressure in advance of each intersection to 
increase the flow of gas from the well, continue the increased level of 
gas production under vacuum at essentially a constant level, and 
continually monitor on the surface; (4) the procedure maintains the 
negative pressure on the well system during the approach to, and 
intersection with, the pinnate to provide significant safety 
advantages; (5) the negative pressure will provide a further method of 
diluting and carrying gas away from the face at the point of 
intersection, and complements and enhances the gas removal effects of 
ventilation that sweeps the face; (6) the negative pressure can also 
serve to drain away a degree of gas concentrations that might otherwise 
be liberated through latent feeders or bleeders in the seam; (7) the 
monitoring will be conducted by trained CDX Gas, LLC observers who will 
specifically look for a significant increase in oxygen, and maintain 
open telephone communications with the mine to immediately notify the 
mine of a change in the gas concentrations; (8) when readings on 
surface monitoring equipment show that the well system under vacuum is 
producing oxygen, this signals the introduction of mine atmosphere 
entering the pinnate due to the vacuum effect at the point of 
intersection; and (9) as soon as the intersection is detected, the mine 
will be alerted by the surface observers via the open communications 
line, mining will be brought to a halt in the affected entry and 
procedures will be initiated to insert a plug to isolate and 
decommission the intersection pinnate. The petitioner further states 
that the procedures employed, including CDX Gas, LLC's role are set out 
in the existing approved ventilation plan. 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 alternative method set forth in this petition improves the overall 
safety of the miners and fully addresses all concerns of the existing 
standard.

    Docket Number: M-2008-005-M.
    Petitioner: Lafarge North America, Inc., 1801 California Street, 
Suite 4900, Denver, Colorado 80202.
    Mine: Davenport Plant Mine, MSHA I.D. No. 13-00125, located in 
Scott County, Iowa.
    Regulation Affected: 30 CFR 56.15005 (Safety belts and lines).
    Modification Request: The petitioner requests an alternative method 
of compliance of the existing standard which requires safety belts and 
lines to be worn when persons work where there is a danger of falling 
insofar as it applies to the barge unloading area at its Davenport 
Cement Plant. The petitioner states that: (1) Because of the unique 
nature of the layout of the barge unloading area and the operations 
conducted there, construction of a structure necessary to allow for 
proper fall protection would create serious additional hazards during 
construction and would also create significant additional hazards 
during operations; (2) the hazards associated with operations conducted 
with proper protection against falls into water would result only in 
hazards associated with prolonged stays in potential cold water; and 
(3) the measures proposed would alleviate those hazards, resulting in a 
workplace with safeguards additional to those already in place while 
avoiding the creation of hazards associated with a fall protection 
structure. The proposed measures are as follows: (a) New wider tires 
will be substituted as bumpers to the dock, creating greater clearance 
such that there will be no danger of anyone hitting the barge on the 
way down or being crushed or injured by the movement of the barge 
should they fall; (b) rope or chain ladders as well as ladder 
attachment points will be installed and provided; (c) lifesaving rings 
will be provided in the event of a man overboard; (d) water rescue 
equipment will be maintained and ready for use in the dock area at all 
times; and (e) each employee working near the water will receive 
specialized hazard awareness training. The petitioner states that 
permitting life jackets or belts pursuant to 30 CFR 56.15020 in 
addition to the proposed measures will provide equal or greater 
protection than requiring the use of a

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fall protection system. 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 application of the 
existing standard will result in a diminution of safety to the miners 
and the proposed alternative method will at all times provide no less 
than the same measure of protection afforded the miners of such mine by 
such standard.

    Dated: December 23, 2008.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E8-31121 Filed 12-30-08; 8:45 am]
BILLING CODE 4510-43-P