[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12800-12802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5786]


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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 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, 
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-2009-064-C.
    Petitioner: Omega Mining, Inc., P.O. Box 929, Honaker, Virginia 
24260.
    Mine: Beehive Mine, MSHA I.D. No. 44-05411 and Hatfield Mine, MSHA 
I.D. No. 44-07104, located in Russell County, Virginia.
    Regulation Affected: 30 CFR 75.1506(c)(1) (Refuge alternatives).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method to maintain a refuge 
alternative to within 1,000 feet of the working face but be allowed to 
develop a maximum 200 feet inby the 1,000 foot location prior to the 
installation of the refuge alternative to its Beehive and Hatfield 
Mines. This will allow the refuge alternative to be installed adjacent 
to the loading point of the active section while not interfering with 
ventilation or haulage. The petitioner states that: (1) Both the 
aforementioned underground mining operations have an approved Emergency 
Response Plan with MSHA through District 5; (2) the mining height at 
both operations averages 42 to 48 inches in overall height; (3) each 
mine utilizes refuge alternatives (safe havens) constructed of 15 psi 
block stoppings provided with 15 psi rated metal doors to access the 
internal area of the refuge alternative; (4) breathable air is supplied 
by a surface mounted portable fan to each established refuge 
alternative through pre-drilled vertical boreholes; (5) the breathable 
air system is a forced air system designed to maintain positive 
pressure within the refuge alternative at all times; (6) this system is 
designed to sustain personnel for an indefinite period of time, easily 
exceeding 96 hours; (7) the borehole design allows for introduction of 
additional communications, water, food, and correspondence between the 
surface and underground through letters or other means; (8) the depth 
of the vertical boreholes should not exceed 300 to 400 feet; (9) 
strategic surface locations are necessary for providing adequate 
placement of the boreholes in relation to active underground workings. 
Flexibility for positioning surface to mine location is very important; 
(10) constructed refuge alternatives are located in a crosscut entry 
between the primary and secondary escapeways; (11) each person on the 
working section is provided with an approved 1 hour SCSR (self-
contained self-rescuer) and an approved 10 minute SCSR. An additional 
approved 1 hour SCSR is provided in the refuge alternative; (12) the 
modification to the timing of the installation for the working section 
refuge alternative will not interfere or affect the service and 
maintenance of the outby refuge alternatives; (13) both of these mines 
have been in operation for over 5 years and has no record of methane 
liberation at any time; and (14) all other requirements of the 
Emergency Response Plan and the Mine Emergency Evacuation and 
Firefighting Program of Instruction will be complied with. The 
petitioner asserts that the alternative method will at all times 
provide the same measure of protection for the miners as the existing 
standard while eliminating the need for portable type refuge 
alternatives, and will also allow for safe and sound development of the 
working face in a limited amount of time and distance where ventilation 
and haulage will not be interfered upon.

    Docket Number: M-2009-065-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 75.513 (Electric conductor; capacity 
and insulation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit use of smaller cables than allowed by the 
National Electric Code for 480 Volt AC 250 H.P. and 300 H.P. head drive 
motors. The petitioner states that: (1) In lieu of a 350 MCM cable for 
a 300 H.P. Head Drive motor and a 250 MCM cable for a 250 H.P.

[[Page 12801]]

Head Drive motor, a 4/0, 90 deg. C. ICEA cable with an ampacity of 329 
amps at 20 deg. C ambient will be used; (2) additional protection will 
be provided for this cable by providing overload devices for the drive 
motor that are set to pick up at no more than the ampacity of the 
cable; (3) a 400 amp thermal magnetic breaker will be provided at the 
beginning of the branch circuit at the power center to protect the 
cable to no more than 125% of its ampacity; (4) motor circuits will be 
checked for overload by a handheld ammeter to ensure that the cable 
ampacity is sufficient periodically during belt advancement and once 
the belt line length is permanently established; (5) short circuit 
protection for the motor will continue to be set between 700%-1300% of 
the motor full load amps, unless a high efficiency motor is used and 
will not start at these settings. In no case will the motor's short 
circuit protection be set higher than is currently allowed by the 
National Electric Code; (6) means will be provided to prevent the motor 
branch circuit cables from being installed into another circuit breaker 
that is not a 400 amp thermal magnetic breaker. A warning label will be 
placed on the belt drive disconnect indicating ``400 amp thermal 
magnetic only''. Otherwise an equivalent circuit breaker with the 
correct settings will be provided at the power center as the head drive 
spare; and (7) within sixty (60) days after this petition is granted, 
the petitioner will submit proposed revisions for its approved 30 CFR 
Part 48, Subpart A training plan to the District Manager. The 
petitioner further states that the proposed alternative method will not 
be implemented until miners have been trained in the proper 
installation of these circuits and proper examinations to ensure they 
are maintained. Training will include the following: (a) Training in 
hazards associated with incorrect circuit breaker setting to protect 
power cables; (b) training in how to verify that circuit breakers are 
properly set and maintained; (c) training in how to protect power 
cables from damage; and (d) training in the proper procedures for 
examining power cables to ensure the cables are in safe operating 
condition. 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 Blue Diamond Coal Company provided by the existing 
standard.

    Docket Number: M-2009-066-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 75.513 (Electric conductor; capacity 
and insulation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit use of smaller cables than allowed by the 
National Electric Code for 480 Volt AC 250 H.P. and 300 H.P. head drive 
motors. The petitioner states that: (1) In lieu of a 350 MCM cable for 
a 300 H.P. Head Drive motor and a 250 MCM cable for a 250 H.P. Head 
Drive motor, a 4/0, 90 deg. C. ICEA cable with an ampacity of 329 amps 
at 20 deg. C ambient will be used; (2) additional protection will be 
provided for this cable by providing overload devices for the drive 
motor that are set to pick up at no more than the ampacity of the 
cable; (3) a 400 amp thermal magnetic breaker will be provided at the 
beginning of the branch circuit at the power center to protect the 
cable to no more than 125% of its ampacity; (4) motor circuits will be 
checked for overload by a handheld ammeter to ensure that the cable 
ampacity is sufficient periodically during belt advancement and once 
the belt line length is permanently established; (5) short circuit 
protection for the motor will continue to be set between 700%-1300% of 
the motor full load amps, unless a high efficiency motor is used and 
will not start at these settings. In no case will the motor's short 
circuit protection be set higher than is currently allowed by the 
National Electric Code; (6) means will be provided to prevent the motor 
branch circuit cables from being installed into another circuit breaker 
that is not a 400 amp thermal magnetic breaker. A warning label will be 
placed on the belt drive disconnect indicating ``400 amp thermal 
magnetic only''. Otherwise an equivalent circuit breaker with the 
correct settings will be provided at the power center as the head drive 
spare; and (7) within sixty (60) days after this petition is granted, 
the petitioner will submit proposed revisions for its approved 30 CFR 
Part 48, Subpart A training plan to the District Manager. The 
petitioner further states that the proposed alternative method will not 
be implemented until miners have been trained in the proper 
installation of these circuits and proper examinations to ensure they 
are maintained. Training will include the following: (a) Training in 
hazards associated with incorrect circuit breaker setting to protect 
power cables; (b) training in how to verify that circuit breakers are 
properly set and maintained; (c) training in how to protect power 
cables from damage; and (d) training in the proper procedures for 
examining power cables to ensure the cables are in safe operating 
condition. 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 Blue Diamond Coal Company provided by the existing 
standard.

    Docket Number: M-2009-067-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 75.513 (Electric conductor; capacity 
and insulation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit use of smaller cables than allowed by the 
National Electric Code for 480 Volt AC 250 H.P. and 300 H.P. head drive 
motors. The petitioner states that: (1) In lieu of a 350 MCM cable for 
a 300 H.P. Head Drive motor and a 250 MCM cable for a 250 H.P. Head 
Drive motor, a 4/0, 90 deg. C. ICEA cable with an ampacity of 329 amps 
at 20 deg. C ambient will be used; (2) additional protection will be 
provided for this cable by providing overload devices for the drive 
motor that are set to pick up at no more than the ampacity of the 
cable; (3) a 400 amp thermal magnetic breaker will be provided at the 
beginning of the branch circuit at the power center to protect the 
cable to no more than 125% of its ampacity; (4) motor circuits will be 
checked for overload by a handheld ammeter to ensure that the cable 
ampacity is sufficient periodically during belt advancement and once 
the belt line length is permanently established; (5) short circuit 
protection for the motor will continue to be set between 700%-1300% of 
the motor full load amps, unless a high efficiency motor is used and 
will not start at these settings. In no case will the motor's short 
circuit protection be set higher than is currently allowed by the 
National Electric Code; (6) means will be provided to prevent the motor 
branch circuit cables from being installed into another circuit breaker 
that is not a 400 amp thermal magnetic breaker. A warning label will be 
placed on the belt drive disconnect indicating ``400 amp thermal 
magnetic only''. Otherwise an equivalent circuit breaker with the 
correct settings will be provided at the power center as the head drive 
spare; and (7) within sixty (60) days after this petition is granted, 
the petitioner will

[[Page 12802]]

submit proposed revisions for its approved 30 CFR Part 48, Subpart A 
training plan to the District Manager. The petitioner further states 
that the proposed alternative method will not be implemented until 
miners have been trained in the proper installation of these circuits 
and proper examinations to ensure they are maintained. Training will 
include the following: (a) Training in hazards associated with 
incorrect circuit breaker setting to protect power cables; (b) training 
in how to verify that circuit breakers are properly set and maintained; 
(c) training in how to protect power cables from damage; and (d) 
training in the proper procedures for examining power cables to ensure 
the cables are in safe operating condition. 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 Blue Diamond Coal 
Company provided by the existing standard.

    Docket Number: M-2009-068-C.
    Petitioner: Leeco Coal Company, P.O. Box 309, Jeff, Kentucky 41751.
    Mine: No. 68 Mine, MSHA I.D. No. 15-17497, located in Perry County, 
Kentucky.
    Regulation Affected: 30 CFR 75.513 (Electric conductor; capacity 
and insulation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit use of smaller cables than allowed by the 
National Electric Code for 480 Volt AC 250 H.P. and 300 H.P. head drive 
motors. The petitioner states that: (1) In lieu of a 350 MCM cable for 
a 300 H.P. Head Drive motor and a 250 MCM cable for a 250 H.P. Head 
Drive motor, a 4/0, 90 deg. C. ICEA cable with an ampacity of 329 amps 
at 20 deg. C ambient will be used; (2) additional protection will be 
provided for this cable by providing overload devices for the drive 
motor that are set to pick up at no more than the ampacity of the 
cable; (3) a 400 amp thermal magnetic breaker will be provided at the 
beginning of the branch circuit at the power center to protect the 
cable to no more than 125% of its ampacity; (4) motor circuits will be 
checked for overload by a handheld ammeter to ensure that the cable 
ampacity is sufficient periodically during belt advancement and once 
the belt line length is permanently established; (5) short circuit 
protection for the motor will continue to be set between 700%-1300% of 
the motor full load amps, unless a high efficiency motor is used and 
will not start at these settings. In no case will the motor's short 
circuit protection be set higher than is currently allowed by the 
National Electric Code; (6) means will be provided to prevent the motor 
branch circuit cables from being installed into another circuit breaker 
that is not a 400 amp thermal magnetic breaker. A warning label will be 
placed on the belt drive disconnect indicating ``400 amp thermal 
magnetic only''. Otherwise an equivalent circuit breaker with the 
correct settings will be provided at the power center as the head drive 
spare; and (7) within sixty (60) days after this petition is granted, 
the petitioner will submit proposed revisions for its approved 30 CFR 
Part 48, Subpart A training plan to the District Manager. The 
petitioner further states that the proposed alternative method will not 
be implemented until miners have been trained in the proper 
installation of these circuits and proper examinations to ensure they 
are maintained. Training will include the following: (a) Training in 
hazards associated with incorrect circuit breaker setting to protect 
power cables; (b) training in how to verify that circuit breakers are 
properly set and maintained; (c) training in how to protect power 
cables from damage; and (d) training in the proper procedures for 
examining power cables to ensure the cables are in safe operating 
condition. 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 Leeco Coal Company provided by the existing standard.

    Dated: March 12, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-5786 Filed 3-16-10; 8:45 am]
BILLING CODE 4510-43-P