[Federal Register Volume 74, Number 15 (Monday, January 26, 2009)]
[Notices]
[Pages 4469-4471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1480]


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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 February 25, 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 Sec. Sec.  44.10 and 44.11 establish the 
requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2008-054-C.
    Petitioner: Parkwood Resources, Inc., 511 Railroad Avenue, Homer 
City, Pennsylvania 15748.
    Mine: Cherry Tree Mine, MSHA I.D. No. 36-090224, located in 
Clearfield 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 of compliance to use 
battery-powered non-permissible surveying equipment, including, but not 
limited to, portable battery operated mine transits, total station 
surveying equipment, distance meters, and laptop computers, in or inby 
the last open crosscut. The petitioner proposes to: (1) Use non-
permissible electronic surveying equipment in or inby the last open 
crosscut and examine the equipment prior to use to ensure that the 
equipment is in safe operating condition; (2) have a qualified person 
examine the equipment at intervals not to exceed 7 days and record the 
examination results in the weekly electrical equipment examination 
book. The examination will include: (i) Checking the instrument for any 
physical damage and the integrity of the case; (ii) removing the 
battery and inspecting for corrosion; (iii) inspecting the contact 
points to ensure a secure connection to the battery; (iv) reinserting 
the battery and powering up and shutting down to ensure proper 
connections; and (v) checking the battery compartment cover to ensure 
that it is securely fastened. In addition, the operator will also (1) 
have a qualified person continuously monitor for methane immediately 
before and during the use of non-permissible surveying equipment in or 
inby the last open crosscut or in the return; (2) eliminate the use of 
non-permissible surveying equipment if methane is detected in 
concentrations at or above 1.0 percent methane; (3) de-energize the 
equipment immediately and withdraw the equipment outby the last open 
crosscut when 1.0 percent or more of methane is detected while in use; 
(4) eliminate the use of non-permissible surveying equipment where 
float coal

[[Page 4470]]

dust is in suspension; (5) charge or change batteries contained in the 
surveying equipment in fresh air outby the last open crosscut; (6) 
provide training to qualified personnel who use the equipment to 
properly recognize the hazards and limitations associated with use of 
the equipment; (7) put the non-permissible surveying equipment into 
service only after MSHA has initially inspected the equipment and 
determined that it is in compliance with all of the terms and 
conditions of this petition; and (8) submit proposed revisions for the 
part 48 training plan to the District Manager, which will include 
specified initial and refresher training regarding the terms and 
conditions stated in the proposed decision and order. The petitioner 
asserts that application of the existing standard would result in a 
diminution of safety to the miners and the proposed alternative method 
would at all times guarantee no less than the same measure of 
protection afforded by the existing standard.

    Docket Number: M-2008-055-C.
    Petitioner: Parkwood Resources, Inc., 511 Railroad Avenue, Homer 
City, Pennsylvania 15748.
    Mine: Cherry Tree Mine, MSHA I.D. No. 36-09224, located in 
Clearfield County, Pennsylvania.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered non-permissible surveying equipment 
in return airways. The petitioner proposes to: (1) Use non-permissible 
electronic surveying equipment to be used in or inby the last open 
crosscut and examine the equipment prior to use to ensure that the 
equipment is in safe operating condition; (2) have a qualified person 
examine the equipment at intervals not to exceed 7 days and record the 
examination results in the weekly electrical equipment examination 
book. The examination will include: (i) Checking the instrument for any 
physical damage and the integrity of the case; (ii) removing the 
battery and inspecting for corrosion; (iii) inspecting the contact 
points to ensure a secure connection to the battery; (iv) reinserting 
the battery and powering up and shutting down to ensure proper 
connections: and (v) checking the battery compartment cover to ensure 
that it is securely fastened. In addition, the operator will also: (1) 
Have a qualified person continuously monitor for methane immediately 
before and during the use of non-permissible surveying equipment in or 
inby the last open crosscut or in the return; (2) eliminate the use of 
non-permissible surveying equipment if methane is detected in 
concentrations at or above 1.0 percent methane; (3) de-energize the 
equipment immediately and withdraw the equipment outby the last open 
crosscut when 1.0 percent or more of methane is detected while the 
equipment is in use; (4) eliminate the use of non-permissible surveying 
equipment where float coal dust is in suspension; (5) charge or change 
batteries contained in the surveying equipment in fresh air outby the 
last open crosscut; (6) provide training to qualified personnel who use 
the surveying equipment to properly recognize the hazards and 
limitations associated with the use of the equipment; (7) put the non-
permissible surveying equipment in to service only after MSHA has 
initially inspected the equipment and determined that it is in 
compliance with all of the terms and conditions of this petition; and 
(8) submit proposed revisions for the part 48 training plan to the 
District Manager, which will include specified initial and refresher 
training regarding the terms and conditions stated in the Proposed 
Decision and Order. The petitioner asserts that application of the 
existing standard would result in a diminution of safety to the miners 
and the proposed alternative method would at all times guarantee no 
less than the same measure of protection afforded by the existing 
standard.

    Docket Number: M-2008-056-C.
    Petitioner: Midland Trail Energy, LLC, 42 Rensford Star Route, 
Charleston, West Virginia 25306.
    Mine: Blue Creek 1 Mine, MSHA I.D. No. 46-09297 and Blue 
Creek 2 Mine, MSHA I.D. No. 46-09296, located in Kanawha 
County, West Virginia.
    Regulation Affected: 30 CFR 75.900 (Low- and Medium-voltage 
circuits serving three-phase alternating current equipment; circuit 
breakers).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the circuit breaker to be used in series 
with a contactor. The petitioner proposes to use the circuit breaker 
for short circuit protection while the contactor may be equipped to 
provide undervoltage, grounded phase protection, overload protection 
and other protective functions normally provided by the circuit 
breaker. The petitioner states that this would allow the use of 
contactors to provide undervoltage, grounded phase, overload, and 
monitor the grounding conductors for low and medium-voltage power 
circuits serving three-phase alternating current equipment located in 
the mine, conditioned upon compliance with the following terms and 
conditions: (1) The nominal voltage of the power circuit(s) will not 
exceed 995 volts; (2) the nominal voltage of the control circuit(s) and 
audible alarm units will not exceed 120 volts; (3) contactors will be 
built into the same enclosure as the circuit breakers; (4) contactors 
with associated protective relays will provide undervoltage protection 
for low and medium-voltage circuits serving three-phase alternating 
current equipment; (5) the voltage rating of the contactor(s) will be 
at least the maximum rms voltage of the circuit being protected, and 
the continuous current rating of the contactor(s) will be at least the 
full load current of the utilization equipment; (6) each circuit 
breaker installed in conjunction with a contactor will be equipped with 
devices to provide short-circuit protection for each piece of 
equipment; (7) a monthly exam will be conducted on each circuit to 
assure proper operation of the contactor; (8) the monthly exam will 
include activating undervoltage, grounded phase and ground monitor trip 
devices to test proper operation and results of the tests of the 
contactors will be recorded with the required monthly tests of the 
circuit breakers; (9) prior to each remote start-up of a circuit or a 
group of circuits, an audible alarm at each affected contactor or 
affected area, will be activated for at least 10 seconds; (10) circuits 
will be wired so that contactors can only be closed remotely when 
undervoltage or loss of voltage condition no longer exists, and all 
other conditions that cause the contactor to open will require a manual 
reset at the contactor; and (11) circuits providing power to portable 
or mobile equipment will not be designed to be remotely started; and 
circuits providing power to mobile equipment will not be configured to 
be remotely reset. The petitioner further states that the alternative 
method would not be implemented until all qualified persons who perform 
work on the equipment and circuits have received training in safe 
maintenance procedures, and in the terms and conditions of the Proposed 
Decision and Order. 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 assure a greater

[[Page 4471]]

measure of protection to the miners than would be provided by the 
existing standard.
    Docket Number: M-2008-057-C.
    Petitioner: Midland Trail Energy, LLC, 42 Rensford Star Route, 
Charleston, West Virginia 25306.
    Mine: Blue Creek 1 Mine, MSHA I.D. No. 46-09297 and Blue 
Creek 2 Mine, MSHA I.D. No. 46-09296, located in Kanawha 
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 Joy 12CM27 continuous miners 
which operate at 2,400 volts and offer the following general safety 
advantages over low-voltage continuous miners: (a) Excessive voltage 
regulation can result in motor overheating, inadequate motor torque, 
and excessive wear and tear which can in turn reduce the efficiency and 
safety of the continuous miner; and (b) safety is diminished as the 
limits of the available interrupting ratings of circuit breakers at 
1,000 volts are encountered. The petitioner's petition addresses: 
voltage limitation of power circuits; voltage limitation of control 
circuits; ground-fault protection; circuit testing; short-circuit 
protection; undervoltage protection; guarding of high-voltage trailing 
cables; design of high-voltage trailing cables; and repairs to high-
voltage trailing cables. 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 affected persons by the 1,000-volt limit 
imposed under 30 CFR 75.2 and 30 CFR 75.1002.

    Docket Number: M-2008-058-C.
    Petitioner: Timber Coal Company, Inc., P.O. Box 188, Sacramento, 
Pennsylvania 17968.
    Mine: Genie Stripping Operation, MSHA I.D. No. 36-09098, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 77.1200(c) (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. 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; and (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. 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-2008-006-M.
    Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road 
85, Green River, Wyoming 82935.
    Mine: Solvay Chemicals--Trona Underground Mine, MSHA I.D. No. 48-
01295, located in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of certain non-permissible tools or 
their equivalent in or beyond the last open crosscut. The petitioner 
states that: (1) Specifically these tools are CMXA 51-IS Intrinsically 
Safe (IS) Portable Data Collector/FFT Analyzer; (2) methane levels 
would be continuously monitored during data collection use by the 
longwall continuous methane monitors located at the shear, headgate, 
and tailgate; (3) the continuous methane monitors alarm at 1% methane 
and de-energize the longwall mining machine at 1.5% methane; (4) 
methane levels will also be monitored by an appropriate continuous 
monitoring unit carried by the operator; and (5) methane levels would 
be measured within 6 inches of the CMXA 51-IS immediately prior to its 
use. The petitioner asserts that the proposed alternative method would 
guarantee the miners no less than the same measure of protection given 
to them by the existing standard.

    Dated: January 16, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E9-1480 Filed 1-23-09; 8:45 am]
BILLING CODE 4510-43-P