[Federal Register Volume 74, Number 231 (Thursday, December 3, 2009)]
[Notices]
[Pages 63413-63415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28850]


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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 January 4, 2010.

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-2009-037-C.
    Petitioner: The Signal Peak Energy, LLC, 100 Portal Drive, Roundup, 
Montana 59072.
    Mine: Bull Mountain 1 Mine, MSHA I. D No. 24-01950, 
located in Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible, diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of the Getman Roadbuilder, Model 
RDG-1504S, with six (6) wheels, without front brakes as it was 
originally designed. The existing standard requires that all self-
propelled non-permissible diesel-powered equipment must have service 
brakes that act on each wheel of the vehicle and be designed such that 
a failure of any single component, except the brake actuation pedal or 
other similar actuation device, must not result in a complete loss of 
service braking capability. The petitioner states that: (1) This rule 
does not address equipment with more than four (4) wheels, specifically 
the Getman Roadbuilder, Model RDG-1504S, with six (6) wheels; (2) this 
machine has dual brake systems on the four (4) rear wheels, and is 
designed to prevent loss of braking due to a single component failure; 
(3) seventy-four percent of the machines total weight is over the four 
(4) rear wheels. With this weight distribution, brakes on the rear of 
the machine are sufficient to safely stop the machine; (4) grader 
operators will be trained to lower the moldboard to provide additional 
stopping capability in emergency situations, to recognize the 
appropriate speeds to use on different roadway conditions, and to limit 
the maximum speed to 10 miles per hour. Maintaining this maximum speed 
will be accomplished through physically blocking out higher gear 
ratios. Other mechanical means, such as installation of smaller 
diameter tires, which accomplish this speed governing, may also be used 
when working with different roadway conditions and different slopes. 
This training will be documented on an approved 5000-23 form. The 
petitioner asserts that granting this petition will prevent the 
diminution of safety caused by application of the existing standard to 
this particular equipment, and will at all times provide an equal or 
superior

[[Page 63414]]

degree of safety as that provided by the standard.
    Docket Number: M-2009-038-C.
    Petitioner: Shamrock Coal Company, 1374 Highway, 192 East, London, 
Kentucky 40741.
    Mine: 18 Mine, MSHA I.D. No. 15-02502, located in Leslie 
County, Kentucky.
    Regulation Affected: 30 CFR 75.503 (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 the permissible pumps in the mine. The 
petitioner states that: (1) This petition will apply only to trailing 
cables supplying three-phase, 480-volt power for permissible pumps; (2) 
the maximum length of the 480-volt power for permissible pump will be 
4,000 feet: (3) the 480-volt trailing cables supplying power to 
permissible pumps will not be smaller than 6 American Wire 
Gauge (AWG); (4) the circuit breakers used to protect trailing cables 
exceeding the pump approval length of Table 9 of Part 18 will have an 
instantaneous trip unit calibrated to trip at 75 percent of phase to 
phase short circuit current. The trip setting of these circuit breakers 
will be sealed or locked, and these circuit breakers will have 
permanent legible labels. Each label will identify the circuit breaker 
as being suitable for protecting the trailing cables, and the labels 
will be maintained legible. In instances where 75 percent instantaneous 
set point will not allow a pump to start due to motor inrush, a thermal 
magnetic breaker will be furnished. The thermal rating of the circuit 
breaker will be no greater than 75 percent of the available short 
circuit current and the instantaneous setting will be adjusted one 
setting above the motor inrush trip point. This setting will also be 
sealed or locked; (5) replacement instantaneous trip units used to 
protect pump trailing cables exceeding the length of Table 9 of Part 18 
will be calibrated to trip at 75 percent of the available phase to 
phase short circuit current and this setting will be sealed or locked; 
(6) 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 the short circuit settings; (7) the mines 
current pump circuits that have greater lengths than approved or in 
Table 9 are attached. All future pump installation with excessive cable 
lengths will have a short circuit survey conducted and items 1-6 will 
be implemented.
    A copy of each pumps' short circuit survey will be available at the 
mine site for inspection; (8) the alternative method will not be 
implemented until miners who have been 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 training. The petitioner further states 
that: (1) Within 60 days after the Proposed Decision and Order becomes 
final, proposed revisions for approved 30 CFR Part 48 training plan at 
any of the listed mines will be submitted to the Coal Mine Safety and 
Health District Manager. The training plan will include: (a) Training 
in the mining methods and operating procedures for protecting the 
trailing cables against damage; (b) training in proper procedures for 
examining the trailing cables to ensure they are in safe operating 
condition; (c) training in hazards of setting the instantaneous circuit 
breakers too high to adequately protect the trailing cables; (d) 
training in how to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained; and 
(e) the procedures of 30 CFR 48.3 for approval of proposed revisions to 
already approved training plans will apply. The petitioner asserts that 
the proposed alternative method will at all times guarantee no less 
than the same measure of protection afforded the miners at Shamrock 
Coal provided by the existing standard.
    Docket Number: M-2009-039-C.
    Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy 
Drive, Canonsburg, Pennsylvania 15317.
    Mine: Enlow Fork Mine, MSHA I.D. No. 36-07416, located in 
Washington County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to vertical Coal Bed Methane (CBM) degasification wells with 
horizontal laterals into the underground coal seam. The petitioner 
proposes to plug vertically drilled CBM degasification wells with 
horizontal laterals. The petitioner proposes the following procedures: 
(1) Prior to the anticipated mine through, the borehole will be filled 
with cementatious grout, polyurethane grout, silica gel, flexible gel, 
or another material approved by the District Manager; (2) a packer will 
be installed at a location in the borehole to ensure that an 
appropriate amount of the borehole is filled with the plugging 
material, and any water present in the borehole will be tested for 
chlorides prior to plugging; (3) a pump will be used to pump 1.75 times 
the calculated borehole volume of the plugging material into the 
borehole. The calculated volume of the plugging material will be pumped 
until the volume of the plugging material is depleted, 100-140 psi 
pressure is realized, or until leakage is observed underground. The 
plugging material will be pumped through a packer equipped with a one-
way check valve. The one-way check valve will prevent the plugging 
material from flowing back; (4) the volume of fill material required 
will be calculated and 1.75 times that amount will be pumped unless the 
100-140 psi pressure is reached; and (5) a directional deviation survey 
completed during the drilling of the borehole will be used to determine 
the location of the borehole within the coal seam. The petitioner 
states that water infusion and ventilation of vertical CBM wells with 
horizontal laterals may be used in lieu of plugging where suitable 
plugging procedures have not yet been developed or are impractical. The 
petitioner also proposes to mine through a CBM degasification well with 
horizontal laterals. The District Manager or designee will be notified 
prior to mining within 300 feet of the well and when a specific plan is 
developed for mining through each well. Persons may review a complete 
description of the 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 Enlow Fork Mine as 
would be provided by the existing standard.
    Docket Number: M-2009-040-C.
    Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol 
Energy Drive, Canonsburg, Pennsylvania 15317.
    Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Washington 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to vertical Coal Bed Methane (CBM) degasification wells with 
horizontal laterals into the underground coal seam. The petitioner 
proposes to plug vertically drilled CBM degasification wells with 
horizontal laterals. The petitioner proposes the following procedures: 
(1) Prior to the anticipated mine through, the borehole will be filled

[[Page 63415]]

with cementatious grout, polyurethane grout, silica gel, flexible gel, 
or another material approved by the District Manager; (2) a packer will 
be installed at a location in the borehole to ensure that an 
appropriate amount of the borehole is filled with the plugging 
material, and any water present in the borehole will be tested for 
chlorides prior to plugging; (3) a pump will be used to pump 1.75 times 
the calculated borehole volume of the plugging material into the 
borehole. The calculated volume of the plugging material will be pumped 
until the volume of the plugging material is depleted, 100-140 psi 
pressure is realized, or until leakage is observed underground. The 
plugging material will be pumped through a packer equipped with a one-
way check valve. The one-way check valve will prevent the plugging 
material from flowing back; (4) the volume of fill material required 
will be calculated and 1.75 times that amount will be pumped unless the 
100-140 psi pressure is reached; and (5) a directional deviation survey 
completed during the drilling of the borehole will be used to determine 
the location of the borehole within the coal seam. The petitioner 
states that water infusion and ventilation of vertical CBM wells with 
horizontal laterals may be used in lieu of plugging where suitable 
plugging procedures have not yet been developed or are impractical. The 
petitioner also proposes to mine through a CBM degasification well with 
horizontal laterals. The District Manager or designee will be notified 
prior to mining within 300 feet of the well and when a specific plan is 
developed for mining through each well. Persons may review a complete 
description of the 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 Bailey Mine as 
would be provided by the existing standard.
    Docket Number: M-2009-041-C.
    Petitioner: ICG Illinois, LLC, 8100 East Main Street, 
Williamsville, Illinois 62693.
    Mine: Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon 
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 to permit weekly examinations and functional testing 
of the deluge system to be conducted in lieu of providing blow-off dust 
covers. The petitioner states that: (1) Conducting the weekly 
examination and functional test of the deluge system will provide an 
improvement in safety and ensure that the nozzles do not become 
clogged; and (2) replacing the dust caps after such test can create an 
unnecessary hazard by exposing miners to the risk of a slip and fall 
type accident. The petitioner proposes to use the following procedures 
when implementing the proposed alternative method: (1) Have a person 
trained in the testing procedures specific to the deluge-type water 
spray system used at each belt drive once every 7 days will (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 by actuating the system and 
observing its performance; and (c) record the results of the 
examination and functional test in a book maintained on the surface and 
made available to the authorized representative of the Secretary and 
retained at the mine for one year: (2) any malfunction or clogged 
nozzle detected as a result of the weekly examination or functional 
test will be corrected immediately: (3) the procedures used to perform 
the functional test will be posted at or near each belt drive which 
utilizes a deluge-type water spray fire suppression system. The 
petitioner asserts that the proposed alternative method will result in 
no less protection for personnel than that afforded by the existing 
standard.

    Dated: November 27, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E9-28850 Filed 12-2-09; 8:45 am]
BILLING CODE 4510-43-P