[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Notices]
[Pages 3255-3261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-935]


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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.

[[Page 3256]]


DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations and Variances on or before February 19, 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-2009-049-C.
    Petitioner: INR-WV Operating, LLC, 100 Market Street, Suite A, Man, 
West Virginia 25635.
    Mine: North Fork Coal Refuse Disposal Facility--WV04-02140-01, MSHA 
I.D. No. 46-02140, located in Logan County, West Virginia.
    Regulation Affected: 30 CFR 75.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit existing mine openings to be covered during 
construction of the North Fork Coal Refuse Disposal Facility. The 
petitioner states that: (1) There are 18 mine openings within the 
limits of the North Fork Coal Refuse Facility; (2) the openings are 
associated with the Buffalo Mining Company's No. 8-C Mine in the Upper 
Winifrede coal seam and the Tri-Energy Resources, Inc., No. 3 Mine and 
Hart-Hat Coal Company's No. 3 Mine in the Buffalo Creek seam; (3) all 
of the mines are abandoned; and (4) only a few of the openings are 
currently exposed. The petitioner further states that: (1) All mine 
openings will be exposed and sealed and underdrains installed at the 
lowest elevation opening; (2) the mine openings will be backfilled with 
earthen material that will extend approximately 25 feet into the mine 
and at least 4 feet in all directions beyond the limits of the opening; 
(3) any exposed coal seam along the mine bench will also be covered 
with soil at least 4 feet above the seam; (4) one 12-inch, SDR-11 high 
density polyethylene pipe will be placed at the mine opening with the 
lowest elevation; (5) a rock underdrain, consisting of 3-inch to 9-inch 
diameter rock cobbles wrapped with filter fabric will be installed to 
convey potential flow from the pipe to the main rock underdrain or to a 
groin ditch, and (6) since the existing mines are abandoned, the 
proposed plan will provide the same measure of protection for the 
miners as given to them by the standard.

    Docket Number: M-2009-050-C.
    Petitioner: Wolf Run Mining Company, 300 Corporate Centre Drive, 
Scott Depot, West Virginia 25560.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests to be permitted to 
continue mining through the vertical boreholes and horizontal legs and 
branches (laterals) of CBM wells that penetrate the coalbed it is 
mining. The petitioner states that one of the following method(s) will 
be implemented to protect against hazards from such wells to the miners 
in the mine while mining through CBM wells with horizontal branches in 
coal seams: (1) The process outlined will be executed under the 
direction of a certified and qualified person. Only those personnel 
directly associated with the mine-through process will be present in 
the heading which is to encounter the borehole during the initial mine 
intersection of such borehole; and (2) upon approaching a fifty-foot 
(50') radius from the nearest portion of an in-seam borehole through 
the process of through-mining an in-seam borehole--initial mine-through 
and/or subsequent through-mining of another segment of the same 
borehole (excluding subsequent mining of a continuous section of the 
same borehole). The petitioner proposes to: (1) Install vacuum pump(s) 
or a compressor at the wellhead, capable of maintaining a vacuum, which 
is lower than the mine operating pressure in the working faces, to the 
farthest reaches of the associated boreholes; (2) equip the well with 
continuous flow, pressure and oxygen monitoring equipment. A flame 
arresting device will be installed on the surface equipment of the well 
as close as practicable to the outlet connection of the vertical 
wellhead component. The producing well system will be equipped with an 
automatic flare stack designed to fall open to the atmosphere in case 
of compressor shutdown, high pressure, or high oxygen content; (3) 
configure telemetry equipment to provide automatic warning to both the 
mine operator and well operator should the vacuum system shut down or 
lose vacuum force. The warning system will be capable of notification 
by telephone and/or fax to both organizations simultaneously. Warning 
alarms will be monitored twenty-four (24) hours per day, seven (7) days 
per week. Personnel for both organizations will be trained and 
simulated drills will be performed to ensure emergency preparedness. 
Once mining is within twenty-four (24) hours of intersecting the 
borehole, qualified personnel will be stationed continuously at the 
well site until the mine-through has been achieved. If communications 
become unavailable or inadequate during such period, mining will cease 
until suitable communications are reestablished; (4) ensure that the 
well liquid level is maintained below the lower coal seam junction; (5) 
notify MSHA Morgantown District Manager, MSHA Bridgeport Field Office, 
and appropriate state agencies at least twenty-four (24) hours prior to 
the shift on which the mine-through is projected to occur; (6)

[[Page 3257]]

position firefighting equipment, including two 20 pound fire 
extinguishers, 240 pounds of rock dust, and a fire hose long enough to 
reach the face having the capability of delivering a minimum of 50 
gallons per minute of water at a nozzle pressure of 50 pounds per 
square inch; (7) assure that no less than the volume of air prescribed 
in the approved face ventilation plan is delivered to the face of the 
heading which will encounter the borehole; (8) calibrate the onboard 
methane monitor on the applicable continuous miner at the end of the 
last production shift prior to the projected mine-through; (9) reduce 
the interval for methane readings from 20 minutes to 10 minutes as 
mining progresses through the mine-through procedure; (10) de-energize 
face equipment and inspect the area as soon as the borehole is 
breached, including methane readings at the face, behind the line 
curtain, and in the immediate return. If mine air flows into the 
lateral as expected, or if gas inflow is acceptably low, proceed with 
mining only to the extent that a clean face has been prepared for roof-
bolting and borehole plugging. If gas inflow from the well is 
unacceptably high (1.0% methane by volume, or higher, as measured at 
least twelve inches from the roof, rib, face, and floor), take 
appropriate action on the section and immediately, from under supported 
roof, install a cup type packer device with a minimum of 20 feet of 
pipe. Load the hole with water to ensure inflow is controlled. Monitor 
liquid level in case of leakage and refill liquid as required; and (11) 
take a methane reading at least once every 10 minutes, using a properly 
calibrated hand-held methane detector, while bolting and cleaning up 
(scooping) the face for the sealing operation, and heavily rock dust 
the affected face and entry. The petitioner states that MSHA personnel 
may interrupt or halt the mining-through operation when it is necessary 
for the safety of the miners. Persons may review a complete list of 
procedures for this petition 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 at the 
Sentinel Mine as would be afforded by the existing standard.

    Docket Number: M-2009-051-C.
    Petitioner: Rockhouse Creek Development, LLC, 210 Larry Joe Harless 
Drive, P.O. Box 1389, Gilbert, West Virginia 25621.
    Mine: No. 3-A Mine, MSHA I.D. No. 46-09279, 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 allow Rockhouse Creek Development (RCD) to 
continue its weekly inspections and functional testing of its complete 
deluge-type water spray system, and to remove blow-off dust covers from 
the nozzles. The petitioner states that: (1) Sections 75.1101-1 through 
75.1101-4 set forth requirements regarding deluge-type water spray 
systems and among those requirements there is no mandate to inspect and 
functional-test such systems. Nevertheless, RCD conducts a weekly 
inspection and functional-tests of its complete deluge-type spray 
system. The system consists of an average of thirty (30) sprays along 
each of approximately ten (10) primary belt-conveyor drives and an 
average of sixty (60) sprays along each of eight (8) secondary drives; 
and (2) Currently RCD provides blow-off dust covers for each nozzle as 
required in 75.1101-1. In view of the frequent inspections and 
functional testing of the system, the dust covers are not necessary 
because the nozzles can be maintained in an unclogged condition through 
weekly use. Further, 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 would at all times 
guarantee no less than the same measure of protection afforded the 
miners employed at Rockhouse Creek Development by the existing 
standard.

    Docket Number: M-2009-052-C.
    Petitioner: ICG Beckley, LLC, 300 Corporate Centre Drive, Scott 
Depot, West Virginia 25560.
    Mine: Beckley Pocahontas Mine, MSHA I.D. No. 46-05252, located in 
Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to be permitted to continue mining through the 
vertical boreholes and horizontal legs and branches (laterals) of 
coalbed methane (CBM) wells that penetrate the coalbed it is mining. 
Intact Coal Bed Methane Borehole (Surface Articulated/Drilled) (CBM) 
Mine Through Plans. One of the following method(s) will be implemented 
to protect against hazards from such wells to the miners in the mine 
while mining through CBM wells with horizontal branches in coal seams: 
Option A: Water plug under pressure: (1) The CBM well will be infused 
with water prior to the underground mining operations breaching the CBM 
well. A positive pressure will be maintained on the CBM well in an 
effort to infuse the coal around the CBM hole with water, as well; (2) 
the CBM well system will be equipped with a flame arrestor and 
sufficient lightning protection; (3) mining will be completed in 
accordance with the underground mine-through procedures as listed in 
the plan; (4) legs/laterals that are opened after mining will be 
evaluated to determine the quantity of methane being produced in order 
to determine if the lateral will have to be plugged or simply 
ventilated; (5) if a plug is required, it will be installed in 
accordance with the contingency plans as listed; (6) typically, open 
legs/laterals will be breached multiple times during mining. The 
segmented hole(s) will be ventilated or filled with water each time it 
is breached. The larger or outby portions of the borehole/degas hole 
will be pressurized with water. Option B: Maintain Negative (Vacuum) 
Pressure on Degas Hole: (1) The CBM well will have a vacuum pump or 
compressor system setup at the wellhead that will have the capability 
of maintaining a sufficient vacuum pressure on the entire CBM borehole 
and provide a pressure that is lower than the mine operating pressure 
at any intersection point; (2) the CBM well will be set up with a 24 
hour monitoring system that will immediately notify the mine operator 
of any reductions or losses in vacuum pressure; (3) the well system 
will be equipped with a flame arrestor and sufficient lightning 
protection. An automatic vent and oxygen sensor system will be 
installed and maintained such that when oxygen from the underground 
mine/pipe system is detected, the vent will open and vent the methane 
to the atmosphere; (4) the CBM gas well on the surface will be 
pressurized and a negative (vacuum) pressure will be maintained on the 
legs/laterals of the system; (5) mining will be completed in accordance 
with the underground mining procedures listed in this plan; (6) when a 
degas hole is intercepted, mine air will be pulled into the open 
borehole and will ventilate the outby portion of the degas borehole 
immediately; (7) legs/laterals on the inby portion of the hole that are 
not being pulled to the surface will be evaluated to determine the 
quantity of methane being produced in order to determine if the lateral 
will have to be plugged or simply ventilate; (8) if a plug is required 
it will be installed in accordance with the contingency plan as listed; 
(9) typically, open legs/laterals will be breached multiple times 
during

[[Page 3258]]

mining. The segmented hole(s) will be ventilated by mine air or by the 
pressure from the vacuum pump on the surface; (10) short segments of 
CBM legs/laterals (100 feet or less) will be ventilated and air forced 
through the segment to sweep away any methane in that segment. After 
the hole has been ventilated, it will be allowed to remain open and be 
ventilated with the remainder of the mine. Option C: Plugging the 
Coalbed Methane Well (CBM) from the Surface: (1) Procedures for 
cleaning out and preparing the CBM well for plugging: (a) Make a 
diligent and reasonable effort to remove all metal casing from the CBM/
well borehole unless it has been grouted in place. Metal casing that 
has been grouted in place will be perforated or ripped at intervals to 
allow for any expanding cement or slurry mixtures to infiltrate the 
annulus between the casing and the borehole wall; (b) a diligent and 
reasonable effort will be made to reenter the CBM/well borehole to the 
original total measured distance. If the total measured distance cannot 
be reached, the borehole will be reentered to the maximum extent 
practicable. Similarly, any known laterals will be reentered to the 
maximum extent practicable; (c) a directional deviation survey 
completed during the drilling of the borehole/well or during the 
cleanout will be utilized to determine the relative location of the 
coal seam and of the location of the boreholes within the coal seam; 
(2) Plugging Coalbed Methane (CBM) wells: (a) Once the borehole has 
been reentered to the maximum extent practicable, expanding grout will 
be pumped into the CBM. Where laterals are encountered, a diligent and 
reasonable effort will be made to reenter each known lateral and grout 
to the maximum extent practicable. Upon completion of grouting each 
lateral, the inby portion of the main trunk line of the CBM will be 
filled with expanding grout to the maximum extent practicable, and will 
be repeated until the CBM is grouted/filled to the surface; (b) the 
MSHA District Manager will determine what alternate materials other 
than grout are suitable for use in sealing the borehole; and (c) a 
small quantity of steel shavings or magnetic material will be installed 
at the top of the grouted CBM borehole and utilized as a monument 
locating the site; (3) If the CBM well is located such that it may be 
used as a bleeder borehole, the grout mixture quantity will be limited 
to fill only the coal seam drill hole void. In all other circumstances, 
the CBM will be filled with grout to at least fifty feet above the 
upper most underground minable coal seam. The petitioner states that: 
(1) The operator will notify the District Manager or his designee prior 
to mining within 300 feet of any well and when a specific plan is 
designated for mining through each well. The District Manager or his 
designee, the representative of miners, and the appropriate State 
agency will receive reasonable notification prior to the mining-through 
operation in order to have an opportunity to have a representative 
present; (2) the mining-through operation will be under the direct 
supervision of a certified person in charge. Personnel will not be 
permitted in the area of the mining-through operation except those 
actually engaged in the operation, company personnel, a representative 
of the miners, the MSHA representative(s) and the representative(s) 
from the appropriate State agency; (3) underground procedures for 
mining through a degas borehole will include firefighting equipment, 
fire extinguishers, rock dust and sufficient fire hose to reach the 
working face to be available near the working place where the cut-
through will take place. The surrounding area within 20 feet of the 
cut-through area will be heavily rock dusted immediately prior to the 
cut-through. Adequate roof support and ventilation materials will be 
available near the working place where the cut-through will take place. 
Ventilation quantities will be maintained at the working face 
throughout the mine-through operation. Equipment will be in compliance 
with permissibility requirements and compliance will be verified on the 
shift immediately prior to the cut-through. Persons may review a 
complete description of the petitioner's procedures for mining through 
CBM wells 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 at the Beckley 
Pocahontas Mine as would be afforded by the existing standard.

    Docket Number: M-2009-053-C.
    Petitioner: ICG Beckley, LLC, 2221 Old Eccles Road, P.O. Box 49, 
Eccles, West Virginia 25836.
    Mine: Beckley Pocahontas Mine, MSHA I.D. No. 46-05252, located in 
Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Non-permissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the Getman Roadbuilder, Serial Number 460-
001 to be operated as it was originally designed, without front brakes. 
The petitioner states that: (1) The rule does not address equipment 
with more than four (4) wheels, specifically the Getman Roadbuilder, 
Model RDG-1504S, with six (6) wheels; (2) the 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 
(74%) of the machines total weight is over the four (4) rear wheels; 
and (4) with the weight distribution, brakes on the rear of the machine 
are sufficient to safely stop the machine. The petitioner further 
states that: (1) Training will be provided to the grader operators to 
lower the moldboard to provide additional stopping capability in 
emergency situations; and (2) training will be provided to the grader 
operators to recognize the appropriate speeds to use on different 
roadway conditions, and to limit the maximum speed to 10 miles per 
hour. The petitioner asserts that the proposed alternative method will 
provide the same degree/level of safety as the existing regulation.

    Docket Number: M-2009-054-C.
    Petitioner: Pinnacle Mining Company, LLC, P.O. Box 338, Pineville, 
West Virginia 24874.
    Mine: Pinnacle Mine, MSHA I.D. No. 46-01816, located in Wyoming 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1 (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 2,400-volt or 4,160-volt alternating 
current submersible pump(s) to be installed and operated in return and/
or bleeder entries and sealed areas in the Pinnacle Mine. The 
petitioner states that the three phase 2,400-volt or 4,160-volt 
alternating current electric power circuit(s) for the pump(s) will be 
designed and installed to: (a) contain either a direct or a derived 
neutral, which will be grounded through a suitable resistor at the 
source transformer of power center. A grounding circuit originating at 
the grounded side of the grounding resistor will extend along with the 
power conductors and serve as the grounding conductor for the frame of 
the pump(s) and all associated electric equipment that may be supplied 
power from the circuit(s). The borehole casing will be bonded to the 
system grounding medium; and (b) contain a grounding resistor that 
limits the ground-fault current to not more than 6.5 amperes.

[[Page 3259]]

The grounding resistor must be rated for the maximum fault current 
available and must be insulated from ground for a voltage equal to the 
phase-to-phase voltage of the system. The petitioner asserts that the 
proposed alternative method will provide an acceptable alternative and 
provide at least the same degree of safety as the existing standard.

    Docket Number: M-2009-055-C.
    Petitioner: Prairie State Generating Company, LLC, 4274 County 
Highway 12, Marissa, Illinois 62257.
    Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in 
Washington County, Illinois.
    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 trailing cables to be increased to the 
maximum length of 950 feet for the 995 volt three-phase alternating 
current continuous mining machines and the 480-volt to 995 volt three-
phase alternating current roof-bolting machines. The petitioner states 
that: (1) The maximum length of the trailing cables supplying power to 
three-phase 995 continuous miners will be 950 feet. The maximum length 
of the trailing cables supplying power to three-phase 480-volt or 995-
volt roof bolting machines will be 950 feet; (2) the trailing cables 
for the 995-volt continuous mining machines will not be smaller than 
No. 2 American Wire Gauge (AWG), SHD-GC. The trailing cables for the 
480-volt or 995-volt roof bolting machines will not be smaller than No. 
2 AWG, SHD-GC; (3) all circuit breakers used to protect the No. 2 AWG 
trailing cables exceeding 850 feet in length will have instantaneous 
trip units calibrated to trip at 1,500 amperes. The trip setting will 
be sealed so that the setting cannot be changed, and these circuit 
breakers will have permanent, legible labels. Each label will identify 
the circuit breakers as being suitable for protecting No. 2 AWG cables. 
The label will be maintained legible. Replacement instantaneous trip 
units used to protect No. 2 AWG trailing cables will be calibrated to 
trip at 1,500 amperes and the setting will be sealed or locked for 
trailing cables exceeding 850 feet in length; (4) all circuit breakers 
used to protect No. 2 AWG trailing cables exceeding 700 feet in length 
and less than 850 feet in length, will have instantaneous trip units 
calibrated to trip at 800 amperes. The trip setting will be sealed to 
that the setting cannot be changed, and will have permanent, legible 
labels. Each label will identify the circuit breakers as being suitable 
for protecting No. 2 AWG cables. The label will be maintained legible. 
Replacement instantaneous trip units used to protect No. 2 AWG trailing 
cables will be calibrated to trip at 800 amperes and this setting will 
be sealed or locked for trailing cables exceeding 700 feet in length 
and less than 850 feet in length; (5) all components that provide 
short-circuit protection will have a sufficient interruption rating in 
accordance with the maximum calculated fault currents available. Short-
circuit current setting must not exceed 70 percent of the minimum 
available current; (6) during each production day, persons designated 
by the mine operator will visually examine the trailing cables to 
ensure that the cables are in safe operating condition and that the 
instantaneous settings of the specially calibrated breakers do not have 
seals or locks removed and that they do not exceed the settings 
stipulated in items 5 and 6; (7) permanent warning labels will be 
installed and maintained on the cover(s) of the power center 
identifying the location of each sealed short-circuit protective 
device; (8) any trailing cable that is not in safe operating condition 
will be removed from service immediately and repaired or replaced; (9) 
splices and repairs in trailing cables will be made in accordance with 
the instructions of the splice or repair manufacturer and 30 CFR 75.603 
and 30 CFR 75.604; (10) all miners who have been designated to examine 
the integrity of seals, verify the short-circuit settings, and examine 
trailing cables for defects will receive part 48 training in the 
following: (a) The mining methods and operating procedures that will 
protect the trailing cables against damage; (b) the proper procedures 
for examining the trailing cables to ensure that they are in safe 
condition; (c) the hazards if setting the short-circuit interrupting 
device(s) too high to adequately protect the trailing cables; and (d) 
how to verify that the circuit interrupting device(s) protecting the 
trailing cable(s) are properly set and maintained. The petitioner 
asserts that the alternative method will at all times guarantee no less 
than the same measure of protection afforded by the existing standard.

    Docket Number: M-2009-056-C.
    Petitioner: Prairie State Generating Company, LLC, County 
Highway12, Marissa, Illinois 62257.
    Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in 
Washington County, Illinois.
    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 2,400-volt continuous miners in 
the Lively Grove Mine. The petitioner states that: (1) The nominal 
voltage of power circuits will not exceed 2,400 volts; (2) the nominal 
voltage of the control circuits will not exceed 120 volts; (3) the 
ground-fault current will be limited by a neutral grounding resistor to 
not more than 0.5 ampere; (4) high-voltage circuits will be protected 
against short-circuits, overload, ground-faults, and undervoltage by a 
circuit interrupting device of adequate interrupting capacity; (5) the 
high-voltage cable for the 2,400-volt continuous miner circuit will be 
provided with instantaneous ground-fault protection set at not more 
than 0.125 ampere; (6) the neutral grounding resistor will be provided 
with backup ground-fault protection that will de-energize the primary 
of the transformer if a ground fault occurs with the neutral grounding 
resistor open; (7) each ground-fault current device will be provided 
with a test circuit that will inject a current of 50 percent or less of 
the current rating of the grounding resistor and cause each 
corresponding circuit-interrupting device to open. The test circuit 
will not subject the equipment to an actual phase-to-ground-fault 
condition. The petitioner further states that within 60-days after the 
Proposed Decision and Order become final, the petitioner will submit 
provisions for its approved part 48 training plan to the District 
Manger. The proposed revisions will include, but not limited to, task 
training, hazard training, and specialized training for qualified 
persons under 30 CFR 75.153, and annual refresher training. In 
addition, the following will be adopted: (a) Safety precautions for the 
handling and use of high-voltage trailing cables, for all mines 
assigned to work in the area of the high-voltage trailing cable; and 
(b) specialized training for qualified electricians that will be 
required to repair, maintain and/or trouble-shoot the high-voltage 
trailing cable or equipment. This training will focus on the 
requirements of this modification. Persons may review a complete 
description of the petitioner's proposed alternative method at the MSHA 
address listed in this notice. The petitioner asserts that the 
alternative method will at all times guarantee no less than the same 
measure of protection afforded by the existing standard.

    Docket Number: M-2009-057-C.
    Petitioner: Prairie State Generating Company, LLC, 4274 County 
Highway 12, Marissa, Illinois 62257.

[[Page 3260]]

    Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in 
Washington County, Illinois.
    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 plugging and 
mining through oil and gas wells. The petitioner states that: (1) 
Lively Grove Mine will be mining the Herrin 6 coal and will 
experience mining around or through oil and gas wells; (2) copies of 
the plugging affidavits have been acquired from the Illinois State 
Geological Survey in the reserve area; and (3) before the well is 
approached, a drawing will be submitted to the District Office for 
approval to either mine around the well or through the well if 
necessary. The petitioner also states that the following procedures 
will be utilized when plugging oil and gas wells: (1) Cleaning out and 
preparing oil and gas wells: (i) A diligent effort will be made to 
clean the borehole to the original total depth. If this depth cannot be 
reached, the borehole will be cleaned out to a depth which would permit 
the placement of at least 200 feet of expanding cement below the base 
of the lowest minable coalbed; (ii) when clearing the borehole, a 
diligent effort will be made to remove all the casing in the borehole. 
If it is not possible to remove all casing, the casing which remains 
will be perforated or ripped at intervals spaced close enough to permit 
expanding cement slurry to infiltrate the annulus between the casing 
and the borehole wall for distance of at least 200 feet below the base 
of the lowest minable coalbed; (iii) if the cleaned out borehole 
produces gas, a mechanical bridge plug will be place in the borehole in 
a competent stratum at least 200 feet below the base of the lowest 
minable coalbed, but above the top of the uppermost hydrocarbon 
producing stratum. If it is not possible to set a mechanical bridge 
plug, a substantial brush plug may be used in place of the mechanical 
bridge plug; (iv) a suite of logs will be made consisting of a caliper 
survey directional deviation survey, and log(s) suitable for 
determining the top and bottom of the lowest minable coalbed and 
potential hydrocarbon producing strata and the location for the bridge 
plug. An electric well log to determine hole diameter will be conducted 
to accurately predict the quantity of cement required to plug the hole 
from 200 feet below the base of the lowest minable coal seam to the 
surface; (v) if the uppermost hydrocarbon-producing stratum is within 
200 feet of the base of the lowest minable coalbed, properly placed 
mechanical bridge plugs or a suitable brush plug described in 
subparagraph (a)(3) will be used to isolate the hydrocarbon producing 
stratum from the expanding cement plug. Nevertheless, a minimum of 200 
feet of expanding cement will be place below the lowest minable 
coalbed; and (vi) the wellbore will be completely filled and circulated 
with a gel that inhibits any flow of gas, supports the walls of the 
borehole, and increases the density of the expanding cement. This gel 
will be pumped through an open-end tubing run to a point approximately 
20 feet above the bottom of the cleaned out area of the borehole bridge 
plug. (2) Plugging oil and gas wells to the surface. Procedures to be 
utilized when plugging gas or oil wells to the surface are as follows: 
(i) A cement plug will be set in the wellbore by pumping an expanding 
cement slurry down the tubing to displace the gel and fill the borehole 
to the surface. As an alternative, the cement slurry may be pumped down 
the tubing so that the borehole is filled with Portland cement or a 
Portland cement-fly ash mixture from a point approximately 100 feet 
above the top of the lowest minable coalbed to the surface with an 
expanding cement plug extending from at least 200 feet below the lowest 
minable coalbed to the bottom of the Portland cement. There will be at 
least 200 feet of expanding cement below the base of the lowest minable 
coalbed, and (ii) a surface casing, small quantity of steel turnings, 
or other small magnetic particles, will be embedded in the top of the 
cement near the surface to serve as a permanent magnetic monument of 
the borehole. As an alternative, a steel rod may be driven into the 
ground next to the borehole. (3) Plugging oil or gas wells using the 
vent pipe method. Procedures to be utilized when using the vent pipe 
method for plugging gas or oil wells are as follows: (i) A 4\1/2\ inch 
or larger vent pipe will be run into the wellbore to a depth of 100 
feet below the lowest minable coalbed and welded to a smaller diameter 
pile, if desired, which will extend to a point approximately 20 feet 
above the bottom of the cleaned out area of the borehole or bridge 
plug; (ii) a cement plug will be set in the wellbore by pumping an 
expanding cement slurry, Portland cement, or a Portland cement-fly ash 
mixture down the tubing to displace gel so that the borehole is filled 
with cement. The borehole and the vent pipe will be filled with 
expanding cement for minimum of 200 feet below the base of the lowest 
minable coalbed. The top of the expanding cement will extend to a point 
approximately 100 feet above the top of the lowest minable coalbed; 
(iii) all fluid will evacuated from the vent pipe to facilitate testing 
for gases. During the evacuation of fluid, the expanding cement will 
not be disturbed; and (vi) the top of the vent pipe will be protected 
to prevent liquids or solids from entering the wellbore, but permit 
ready access to the full internal diameter of the vent pipe when 
necessary. (4) Plugging oil or gas wells for use as degasification 
boreholes. Procedures to be utilized when plugging gas or oil wells for 
subsequent use of degasification boreholes are as follows: (i) A cement 
plug will be set in the wellbore by pumping an expanding cement slurry 
down the tubing to displace the gel and provide at least 200 feet of 
expanding cement below the lowest minable coalbed; (ii) to facilitate 
methane drainage, degasification casing of suitable diameter, slotted 
or perforated throughout its lower 150 to 200 feet will be set in the 
borehole to a point 10 to 30 feet above the top of the expanding 
cement; (iii) the annulus between the degasification casing and the 
borehole wall will be cemented from a point immediately above the slots 
or perforations to the surface; (iv) the degasification casing will be 
cleaned out for its total length; and (v) the top of the degasification 
casing will be fitted with a wellhead equipped as required by the 
District Manager. Such equipment may include check valves, shut-in 
valves, sampling port, flame arrester equipment, and security fencing. 
The petitioner further states that when mining through a plugged oil or 
gas well, 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. Within 60 days after this 
Proposed Decision and Order becomes final, the petitioner will submit 
proposed revisions for its approved 30 CFR Part 48 training plan to the 
District Manager. These proposed revisions will include initial and 
refresher training regarding compliance with the terms and conditions 
stated in the Proposed Decision and Order. Persons may review a 
complete description of the petitioner's procedures for implementing 
the proposed alternative method at the MSHA address listed in this 
notice. The petitioner asserts that the alternative method will at all 
times guarantee no less than the same measure of protection afforded by 
the existing standard.

    Docket Number: M-2009-058-C.
    Petitioner: Perry County Coal Corporation, 1845 S KY Hwy 15, 
Hazard, Kentucky 41701.

[[Page 3261]]

    Mine: E4-1 Mine, MSHA I.D. No. 15-18565, located in Perry 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 E4-1 Mine to increase the maximum 
length of trailing cables supplying power to permissible pumps in the 
mines. 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) all circuit breakers used to protect 
trailing cables exceeding the pump approval length or 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 a 
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; (4) 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; (5) 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; (6) the pump circuits attached to this petition have 
greater lengths than approved or in Table 9. All future pump 
installation with excessive cable lengths will have a short-circuit 
survey conducted and items 1-5 will be implemented. A copy of each 
pump's short-circuit survey will be available at the mine site for 
inspection; and (7) the petitioner's alternative method will not be 
implemented until designated miners have been trained to examine the 
integrity of the seals or locks, verify the short-circuit settings, and 
perform proper procedures for examining trailing cables for defects and 
damage. The petitioner further states that 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; and (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 to 
all miners at Perry County Coal Corporation than is provided the 
existing standard.

    Dated: January 14, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-935 Filed 1-19-10; 8:45 am]
BILLING CODE 4510-43-P