[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23745-23746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11673]


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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 19, 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 modification.

II. Petitions for Modification

    Docket Number: M-2009-001-M.
    Petitioner: General Chemical (Soda Ash) Partners, P.O. Box 551, 
Green River, Wyoming 82935.
    Mine: General Chemical Mine, MSHA I.D. No. 48-00155, 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 an increase in the length of portable 
trailing cables, which is longer than the maximum length set forth in 
30 CFR Appendix,1, Table 9, to enable safe handling practice of the 
cable in regards to their mining operation. The petitioner states that 
currently, the boring machines are approved for use with 2 
American Wire Gauge (AWG) trailing cable. The petitioner proposes the 
following for its General Chemical Mine in Green River, Wyoming: (1) 
The maximum length for portable trailing cables in regards to power 
distributed to its boring machines will be 1,200 feet for cable sizes 
2/0 AWG, 10 AWG, 1 AWG, and 2 AWG; 
(2) all instantaneous trip settings for over-current will be maintained 
at a level below the minimum available fault current calculated, using 
the MSHA short circuit program ``Scwin''; (3) interrupt ratings for all 
breakers in the distribution circuit will be high enough to interrupt 
the maximum available fault current as calculated using the MSHA short 
circuit program ``Scwin''; and (4) power distribution circuits 
pertaining to bore mining sections will be maintained on a typical 
basis in reference to the typical power distribution in effect at the 
time of investigation for this modification, whereby cable lengths in 
the distribution circuit leading up to the Load Center at the bore 
section will be maintained no longer than those proposed in the Short 
Circuit calculations, using the MSHA program ``Scwin'' at the time of 
this petition. The petitioner asserts that an equal measure of 
protection will be maintained at all times as that afforded by the 
standard.
    Docket Number: M-2009-008-C.
    Petitioner: M.C. Mining, LLC, 4126 State Highway 194 West, 
Pikeville, Kentucky 41501.
    Mine: Mine No. 3, MSHA I.D. No. 15-08079, located in Pike County, 
Kentucky.
    Regulation Affected: 30 CFR 75.503(18.35) (Permissible electric 
face equipment; maintenance).
    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 used in the mine. 
The petitioner states that: (1) This petition will only apply to 
trailing cables supplying three-phase, 575-volt power to permissible 
pumps; (2) the maximum length of the trailing cables will be 1,597 
feet; (3) the 575-volt permissible pump trailing cable will not be 
smaller than 6 American Wire Gauge (AWG); (3) all circuit 
breakers used to protect 6 trailing cables exceeding 500 feet 
in length will have

[[Page 23746]]

an instantaneous trip unit calibrated to trip at 150 amperes, the trip 
setting will be sealed or locked and breakers will have permanent 
legible labels, and each label will identify the circuit breaker as 
being suitable for protecting 6 cables. The label will be 
maintained legible; (5) persons designated by the operator will 
visually examine the trailing cables to ensure the cable is in safe 
operating condition; (6) trailing cables that are not in safe operating 
condition will be removed from services immediately and repaired or 
replaced; (7) each splice or repair in the trailing cables will be made 
in a workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice or repair materials. The splice or repair 
will comply with 30 CFR 75.603 and 30 CFR 75.604; (8) permanent warning 
labels will be installed and maintained on the cover(s) of the power 
center to identify the location of each sealed or locked short-circuit 
protection device. These labels will warn miners not to change or alter 
these short-circuit settings; (9) the alternative method will not be 
implemented until the miners designated to examine the integrity of 
seals or locks, verify the short-circuit settings, and proper 
procedures for examining trailing cables for defects and damage have 
received the elements of the specified training; and (10) proposed 
revisions for Part 48 training plans will be submitted to the District 
Manager within 60 days after the petition is granted for the area in 
which the mine is located, which will include training in the proper 
procedures for examining the trailing cables to ensure safe operating 
condition, and training in how to verify that circuit interrupting 
device(s) protecting the trailing cable(s) are properly set and 
maintained.
    Docket Number: M-2009-009-C.
    Petitioner: Twentymile Coal Company, Three Gateway Center, suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: Foidel Creek Mine, MSHA I.D. No. 05-03836, located in Routt 
County, Colorado. Regulation Affected: 30 CFR 75.312(c) & (d) (Maine 
mine fan examination and records).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit fan-stoppage devices and automatic closing 
doors to be tested without stopping the mine fan. The petitioner 
proposes the following alternative procedure for testing the fans: (a) 
The fan door will be installed according to drawings approved by MSHA, 
and the fan alarm signal will be installed according to MSHA 
requirements, including the warning light near the door location and an 
audible and visual alarm at the dispatcher and communication center 
locations; (b) air reversal doors will be tested every seven days by 
rotating the test frame outward until it contacts the air flow reversal 
door; (c) the person conducting the test will make a visual observation 
of the movement of the test frame and general maintenance of the metal 
door and frame for good repair; (d) the fan alarm signal system 
(mechanical switch) which is mounted to the fan house, will be tested 
by a responsible person every seven days by actuating the switch; (e) 
the actuating of the fan alarm switch will be verified by a responsible 
person with the communication center and the dispatcher; (f) the person 
who made the tests will record the results in a secure book at a 
surface location by the end of the shift on which the tests were made. 
The book will also indicate the general repair of the system and will 
be made available to representatives of the Secretary. The petitioner 
states that the MSHA District Manager will be notified regarding future 
testing of additional air reversal fan doors, when each fan is equipped 
with the new test frame system, so that an inspection may be scheduled 
prior to the seven day testing. The petitioner further states that 
until all main fans are equipped in compliance with the approved 
system, miners must be removed from the mine for testing of any fan not 
yet equipped. 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 standard.
    Docket Number: M-2009-010-C.
    Petitioner: Frasure Creek Mining, LLC, P.O. Box 142, Justice, West 
Virginia 24851. Mines: No. 5 Mine, MSHA I.D. No. 46-08942, Deep Mine 
No. 15, MSHA I.D. No. 46-09209, located in Fayette County, West 
Virginia, and Isaban Deep Mine No. 3, MSHA I.D. No. 46-09245, located 
in Mingo County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit blow-off dust covers to be used without the 
nozzles. The petitioner proposes to continue its weekly inspections and 
functional testing of the complete deluge-type water spray system. The 
petitioner states that dust covers are not necessary because the 
nozzles can be maintained in an unclogged condition through weekly use. 
The petitioner further states that it is burdensome to recap the large 
number of covers weekly after each inspection and functional test. 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 existing standard.
    Docket Number: M-2009-012-C.
    Petitioner: Wolf Run Mining Company, 1 Edmiston Way, Buckhannon, 
West Virginia 26201.
    Mines: Imperial Mine, MSHA I.D. No. 46-09115, located in Upshur 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
     Modification Request: The petitioner requests a modification of 
the existing standard to permit blow-off dust covers not to be applied 
to nozzles on deluge-type systems. The petitioner states that: (1) The 
functional test required each year under 30 CFR 75.1101-11 will be done 
weekly; (2) functional tests are currently being done a weekly basis 
and although more than adequate pressure and flow rates are being 
maintained for these deluge systems, in some tests, the dust covers do 
not come off all sprays; (3) by doing this functional test weekly, all 
sprays can be inspected and maintained on a weekly basis. The dust 
covers provide protection for sprays which are tested yearly, and by 
testing weekly, the covers are not necessary. 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.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-11673 Filed 5-19-09; 8:45 am]
BILLING CODE 4510-43-P