[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Notices]
[Pages 3253-3255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-936]


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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.

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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-2009-059-C.
    Petitioner: McClane Canyon Mining, P.O. Box 98, Loma, Colorado 
81524.
    Mine: McClane Canyon Mine, MSHA I.D. No. 05-03013, located in 
Garfield County, Colorado.
    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 an alternative method of compliance in lieu 
of using blow-off dust covers for nozzles of a deluge-type water spray 
system. The petitioner states that: (A) A person trained in testing 
procedures specific to the deluge-type water spray fire suppression 
systems utilized at each belt drive will once each week: (1) Conduct a 
visual examination of each of the deluge-type water spray fire 
suppression systems; (2) conduct a functional test of the deluge-type 
water spray fire suppression systems by actuating the system and 
observing its performance; and (3) record the results of the 
examination and functional test in a book maintained on the surface for 
that purpose. The record will be made available to the authorized 
representative of the Secretary and retained at the mine for one year; 
(B) Any malfunction or clogged nozzle detected as a result of the 
weekly examination or functional tests will be corrected immediately; 
and (C) the procedure 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 provide a measure of protection equal to or 
greater than that of the standard.

    Docket Number: M-2009-060-C.
    Petitioner: Brooks Run Mining Company, LLC, 25 Little Birch Road, 
Sutton, West Virginia 26601.
    Mine: Poplar Ridge Deep Mine, MSHA I.D. No. 46-08885 and Saylor A 
Mine, MSHA I.D. No. 46-09126, located in Webster 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 an alternative method of compliance in lieu 
of using blow-off dust covers for nozzles of a deluge-type water spray 
system. The petitioner proposes to continue its weekly inspection and 
functional tests for the complete deluge type water spray system. The 
petitioner states that: (1) Weekly inspection and functional tests are 
conducted of its complete deluge-type water spray system; (2) in view 
of the frequent inspections and functional tests of the system, the 
dust covers are not necessary because the nozzles can be maintained in 
a unclogged condition through weekly use; and (3) it is burdensome and 
exposes persons to undue hazards of falling from heights to recap the 
large number of covers weekly after each inspection and functional 
test. The petitioner asserts that the alternative method will at all 
times guarantee no less than the same measure of protection afforded 
the miners employed by said standard.
    Docket Number: M-2009-061-C.
    Petitioner: Owlco Energy, LLC, P.O. Box 976, Middlesboro, Kentucky 
40965.
    Mine: Mine No. 1, MSHA I.D. No. 15-18870, located in Letcher 
County, Kentucky.
    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 the maximum length of trailing cables 
supplying power to permissible pumps to be increased. The petitioner 
states that: (1) This petition will apply only to trailing cables 
supplying single phase, 240-volt power for permissible pumps; (2) the 
maximum length of 240-volt power for permissible pumps will be 3,000 
feet; (3) the 240-volt power for permissible pump trailing cables will 
be no smaller than 10 American Wire Gauge (AWG); (4) the 
company currently utilizes a P-20CE, 2G-3018 MSHA approved pump. This 
pump is approved with 500 feet of 14/5 AWG trailing cable with 
a circuit breaker set at 50 amps. Owlco Energy, LLC proposes the 
alternative that will provide no less than the same protection by 
protecting this circuit with a 30 amp circuit breaker. The petitioner 
estimates that this setting would be satisfactory and be approximately 
70-75 percent of the available fault current; (5) the outside diameter 
(OD) of the 10/3 AWG cable is within 0.01 inch(s) of the 
originally approved 14/5 AWG cable in the permissible XP 
enclosure (XP-2181); (6) the mines current pump circuits exceeding the 
approved lengths of trailing cables are attached with their respective 
locations in the mine; (7) all future pump installations with trailing 
cables installed that are longer than the approved lengths will be 
maintained as shown in items 1-5. These pumps will be shown on the mine 
electrical map and training will be provided to all mine employees 
about his proper care and maintenance of these pumps; and (8) within 
sixty (60) days after this petition is granted, the petitioner will 
submit proposed revisions for their

[[Page 3255]]

approved Part 48 training plans to the District Manager for the area in 
which the mine is located. The training will include the following: (a) 
Training in mining methods and operating procedures that will protect 
the cable against damage; (b) training in proper procedures for 
examining the trailing cables to ensure the cables are in safe 
operating condition; (c) training in hazards of setting the 
instantaneous circuit breakers too high to adequately protect the 
trailing cable(s); and (d) training in how to verify the circuit 
interrupting device(s) protecting the trailing cable(s) are properly 
set and maintained. The petitioner further states that 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 Owlco Energy, LLC provided by 
the existing standard.

    Docket Number: M-2009-062-C.
    Petitioner: American Energy Corporation, 43521 Mayhugh Hill Road, 
Twp. Hwy. 88, Beallsville, Ohio 43716.
    Mine: Century Mine, MSHA I.D. No. 33-01070, located in Monroe 
County, Ohio.
    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 to permit the maximum length of trailing cables for 
supplying power to permissible equipment used in continuous mining 
sections to be increased. The petitioner states that: (1) This petition 
will apply only to trailing cables supplying three-phase, 480-volt A.C. 
power to roof bolters; (2) the maximum length of the 480-volt A.C. 
trailing cables supplying power to roof bolters will be 850 feet. The 
480-volt trailing cables for roof bolters will no be smaller than 
2 American Wire Gauge (AWG); (3) all circuit breakers used to 
protect 2 AWG trailing cables exceeding 700 feet in length 
will have instantaneous trip units calibrated to trip at 700 amperes. 
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 breakers as being suitable for 
protecting No. 2 AWG cables. The label will be maintained legible; (4) 
replacement instantaneous trip units, used to protect No. 2 AWG 
trailing cables, will be calibrated to trip at 700 amperes and this 
setting will be sealed or locked; (5) all components that provide 
short-circuit protection will have a sufficient interruption rating in 
accordance with the maximum calculated fault currents available; (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 stipulated settings; (7) any trailing cable 
that is not in safe operating condition will be removed from service 
immediately and repaired or replaced; (8) 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 Sec. Sec.  
75.603 and 75.604; (9) 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. These labels will warn 
miners not to change or alter these short-circuit settings; (10) the 
alternative method will not be implemented until designated miners have 
been trained to examine the integrity of seals or locks, verify the 
short-circuit settings, and properly examine trailing cables for 
defects and damage; and (11) within 60 days after this petition is 
granted, proposed revisions for their approved 30 CFR Part 48 training 
plans will be submitted to the District Manager for the area in which 
the mine is located. 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 the cables are in safe operating 
condition; (c) training in hazards of setting short-circuit 
interrupting device(s) too high to adequately protect the trailing 
cable(s); and (d) training in how to verify that the circuit 
interrupting device(s) protecting the trailing cable(s) are properly 
set and maintained. The petitioner further states that the procedures 
of 30 CFR 48.3 for approval of proposed revisions to already approved 
training plans will apply. The petitioner asserts that the alternative 
method will at all times guarantee no less than the same measure of 
protection afforded to all miners at the Century Mine as would be 
provided by the existing standard.

    Docket Number: M-2009-063-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 75.1909(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 Road Builder, Serial Number 460-
002 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, Model RDG-
1504S Road Builder, 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. The petitioner proposes to: 
(1) Limit the speed of the machine to 10 miles per hour (MPH) by 
permanently blocking out any gear that would provide higher speed or 
use transmission and differential ratios that would limit the maximum 
speed to 10 MPH; (2) provide training for the operators to recognize 
appropriate speeds for different road conditions and slopes; and (3) 
provide training for the operators to lower the grader blade to provide 
additional stopping capability. The petitioner asserts that the safety 
of the miners will not be compromised if the machines are operated as 
described in this petition.

    Dated: January 14, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-936 Filed 1-19-10; 8:45 am]
BILLING CODE 4510-43-P