[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12793-12796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5785]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration (MSHA), 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 April 16, 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-
3939, 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 
22209-3939, 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-2010-005-C.
    Petitioner: Manalapan Mining Co., Inc., 8174 East Highway 72, 
Pathfork, Kentucky 40863.
    Mine: RB 12 Mine, MSHA I.D. No. 15-18771, located in 
Harlan 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 an increase in the maximum length of 
trailing cables supplying power to permissible pumps. 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 480-volt power for permissible pumps will be 1,800 
feet; (3) the 480-volt power for permissible pump trailing cables will 
be no smaller than 10 American Wire Gauge (AWG); (4) 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 70% 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 be

[[Page 12794]]

maintained legible. In instances where a 70% instantaneous setpoint 
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 70% of the available short circuit current and 
the instantaneous setting will be adjusted to 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 item 4, will be calibrated to 
trip at 70% 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 these 
short circuit settings; (7) all future pump installations with 
excessive cable lengths will have a short-circuit survey conducted and 
items 1-6 will be implemented. A copy of each pump's short-circuit 
survey will be available at the mine site for inspection; (8) the 
petitioner's 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 herein; and (9) within sixty (60) days after this petition is 
granted, proposed revisions for 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 will include the following elements: (a) 
Training in mining methods and operating procedures that will protect 
the trailing cables against damage; (b) training in the 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 cables; and (d) training in how to verify the circuit 
interrupting device(s) protecting the trailing cable(s) are properly 
set and maintained. The petitioner asserts that the procedures of 30 
CFR 48.3 for approval of proposed revisions to already approved 
training plans will apply, and that the proposed alternative method 
will at all times guarantee no less than the same measure of protection 
to all miners at Manalapan Mining Company, Inc., provided by the 
existing standards.

    Docket Number: M-2010-006-C.
    Petitioner: Armstrong Coal Company, Inc., 407 Brown Road, 
Madisonville, Kentucky 42341.
    Mine: Parkway Mine, MSHA I. D. No. 15-19358, located in Muhlenberg 
County, Kentucky.
    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 eliminate the requirement that deluge-type water 
spray system nozzles be provided with blow-off dust covers. The 
petitioner proposes to conduct weekly examinations and weekly 
functional testing of the deluge-type water spray systems. 
Specifically, the petitioner proposes that the alternative method 
consist of the following requirements: (a) Once every seven (7) days, a 
person trained in the testing procedures specific to the deluge-type 
water spray systems utilized at each belt drive will: (i) Conduct a 
visual examination of each of the deluge-type water spray systems; (ii) 
conduct a functional test of the deluge-type water spray systems by 
actuating the system and observing its performance; and (iii) record 
the results of the visual 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 of Labor 
(the ``Secretary'') and retained at the mine for one year; (b) a 
clogged nozzle or any other malfunction detected as a result of the 
weekly visual examination and functional test will be corrected 
immediately; and (c) the procedure used to perform the functional test 
will be posted at or near each belt drive that utilizes a deluge-type 
water spray system. The petitioner states that: (1) The alternative 
method provides for weekly functional testing of the deluge-type water 
spray system while 30 CFR 75.1101-11 requires only yearly functional 
testing; (2) the alternative method greatly increases frequency of 
testing, which flushes out the entire system and better assures that 
the nozzles are not plugged with debris; and (3) eliminating the blow-
off dust covers ensures that they do not become corroded and resist 
blowing off when actuated. The petitioner asserts that the proposed 
alternative method will all times guarantee no less than the same 
measure of protection afforded by the existing standard.

    Docket Number: M-2010-007-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: No. 75 Mine, MSHA I.D. No. 15-17478, 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 an increase in the maximum length of 
trailing cables supplying power to permissible pumps. 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 pumps 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% of phase to phase 
short-circuit current. The trip setting of these circuit breakers will 
be sealed or locked, and will have permanent, legible labels. Each 
label will identify the circuit breaker as being suitable for 
protecting the trailing cables, and the label will be maintained 
legible. In instances where 75% 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% 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 item 4 will be calibrated to trip at 75% 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 these short-circuit settings; 
(6) 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; (7) the petitioner's 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 herein; and (8) within sixty 
(60) days after this petition is granted, proposed revisions for 
approved 30 CFR Part 48 training plan will be submitted to the District 
Manager for the area in

[[Page 12795]]

which the mine is located. The training will include the following 
elements: (a) Training in mining methods and operating procedures that 
will protect the trailing cables against damage; (b) training in the 
proper procedures for examining the trailing cables to ensure the 
cables are in safe operating condition; (c) training in hazards of 
settings the instantaneous circuit breakers too high to adequately 
protect the trailing cables; and (d) training in how to verify the 
circuit interrupting device(s) protecting the trailing cable(s) are 
properly set and maintained. The petitioner asserts that the procedures 
of 30 CFR 48.3 for approval of proposed revisions to already approved 
training plans will apply, and the proposed alternative method will at 
all times guarantee no less than the same measure of protection to all 
miners at Blue Diamond Coal Company provided by the existing standard.

    Docket Number: M-2010-008-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: No. 77 Mine, MSHA I. D. No. 15-09636, 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 an increase in the maximum length of 
trailing cables supplying power to permissible pumps. 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 pumps 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% of phase to phase 
short-circuit current. The trip setting of these circuit breakers will 
be sealed or locked, and will have permanent, legible labels. Each 
label will identify the circuit breaker as being suitable for 
protecting the trailing cables, and the label will be maintained 
legible. In instances where 75% 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% 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 item 4 will be calibrated to trip at 75% 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 these short-circuit settings; 
(6) all future pump installations 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; (7) the petitioner's 
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 
herein; and (8) within sixty (60) days after this petition is granted, 
proposed revisions for approved 30 CFR Part 48 training plan will be 
submitted to the District Manager for the area in which the mine is 
located. The training will include the following elements: (a) Training 
in mining methods and operating procedures that will protect the 
trailing cables against damage; (b) training in the proper procedures 
for examining the trailing cables to ensure the cables are in safe 
operating condition; (c) training in hazards of settings the 
instantaneous circuit breakers too high to adequately protect the 
trailing cables; and (d) training in how to verify the circuit 
interrupting device(s) protecting the trailing cable(s) are properly 
set and maintained. The petitioner asserts that the procedures of 30 
CFR 48.3 for approval of proposed revisions to already approved 
training plans will apply, and the proposed alternative method will at 
all times guarantee no less than the same measure of protection to all 
miners at Blue Diamond Coal Company provided by the existing standard.

    Docket Number: M-2010-009-C.
    Petitioner: Blue Diamond Coal Company, P.O. Box 47, Slemp, Kentucky 
41763.
    Mine: No. 81 Mine, MSHA I. D. No. 15-12753, 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 an increase in the maximum length of 
trailing cables supplying power to permissible pumps. 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 pumps 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% of phase to phase 
short-circuit current. The trip setting of these circuit breakers will 
be sealed or locked, and will have permanent, legible labels. Each 
label will identify the circuit breaker as being suitable for 
protecting the trailing cables, and the label will be maintained 
legible. In instances where 75% 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% 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 item 4 will be calibrated to trip at 75% 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 these short-circuit settings; 
(6) all future pump installations 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; (7) the petitioner's 
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 
herein; and (8) within sixty (60) days after this petition is granted, 
proposed revisions for approved 30 CFR Part 48 training plan will be 
submitted to the District Manager for the area in which the mine is 
located. The training will include the following elements: (a) Training 
in mining methods and operating procedures that will protect the 
trailing cables against damage; (b) training in the proper procedures 
for

[[Page 12796]]

examining the trailing cables to ensure the cables are in safe 
operating condition; (c) training in hazards of settings the 
instantaneous circuit breakers too high to adequately protect the 
trailing cables; and (d) training in how to verify the circuit 
interrupting device(s) protecting the trailing cable(s) are properly 
set and maintained. The petitioner asserts that the procedures of 30 
CFR 48.3 for approval of proposed revisions to already approved 
training plans will apply, and the proposed alternative method will at 
all times guarantee no less than the same measure of protection to all 
miners at Blue Diamond Coal Company provided by the existing standard.
    Docket Number: M-2010-010-C.
    Petitioner: Leeco Coal Company, P.O. Box 47, Slemp, Kentucky 41763.
    Mine: No. 68 Mine, MSHA I. D. No. 15-17497, 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 an increase in the maximum length of 
trailing cables supplying power to permissible pumps. 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 pumps will be 
4,400 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% of phase to phase 
short-circuit current. The trip setting of these circuit breakers will 
be sealed or locked, and will have permanent, legible labels. Each 
label will identify the circuit breaker as being suitable for 
protecting the trailing cables, and the label will be maintained 
legible. In instances where 75% 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% 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 item 4 will be calibrated to trip at 75% 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 these short-circuit settings; 
(6) all future pump installations 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; (7) the petitioner's 
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 
herein; (8) within sixty (60) days after this petition is granted, 
proposed revisions for approved 30 CFR Part 48 training plan will be 
submitted to the District Manager for the area in which the mine is 
located. The training will include the following elements: (a) Training 
in mining methods and operating procedures that will protect the 
trailing cables against damage; (b) training in the proper procedures 
for examining the trailing cables to ensure the cables are in safe 
operating condition; (c) training in hazards of settings the 
instantaneous circuit breakers too high to adequately protect the 
trailing cables; and (d) training in how to verify the circuit 
interrupting device(s) protecting the trailing cable(s) are properly 
set and maintained. The petitioner asserts that the procedures of 30 
CFR 48.3 for approval of proposed revisions to already approved 
training plans will apply, and the proposed alternative method will at 
all times guarantee no less than the same measure of protection to all 
miners at Leeco Coal Company provided by the existing standard.

    Dated: March 12, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-5785 Filed 3-16-10; 8:45 am]
BILLING CODE 4510-43-P