[Federal Register Volume 75, Number 102 (Thursday, May 27, 2010)]
[Notices]
[Pages 29784-29785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12691]


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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 June 28, 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 Numbers: M-2010-020-C.
    Petitioner: The Wolf Run Mining Company, Route 3, Box 146, 
Philippi, West Virginia 26416.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
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 
379514 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 wheels, specifically the Getman 
Roadbuilder, Model RDG-1504S, with six wheels; (2) the machine has dual 
brake systems on the four 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 recognize the appropriate speeds to use on 
different roadway conditions; and (2) limit the maximum speed to 10 
miles per hour. The petitioner asserts that the proposed alternative 
method will provide no less than the same measure of protection at the 
Sentinel Mine than would be provided with compliance with the existing 
standard.

    Docket Numbers: M-2010-023-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mines: Tracy Lynne Mine, MSHA I.D. No. 36-08603, Clementine Mine, 
MSHA I.D. No. 36-08862, both located in Armstrong County, Pennsylvania; 
Penfield Mine, MSHA I.D. No. 36-09355, located in Clearfield County, 
Pennsylvania; Mine 78, MSHA I.D. No. 36-09371, located in Somerset 
County, Pennsylvania; and Heilwood Mine, MSHA I.D. No. 36-09407, Lowry 
Mine, MSHA I.D. No. 36-09287, Toms Run Mine, MSHA I.D. No. 36-08525, 
and Cherry Tree Mine, MSHA I.D. No. 36-09224, all located in Indiana 
County, Pennsylvania.
    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 the 480-volt trailing 
cables for supplying power to the Fletcher Roof Ranger II Twin Boom 
Roof Bolters to be 950 feet. The petitioner states that: (1) The 
trailing cables for the 480-volt Fletcher Roof Ranger II Roof Bolter 
will

[[Page 29785]]

not be smaller than No. 2 American Wire Gauge (AWG) cable; (2) all 
circuit breakers used to protect the No. 2 AWG trailing cables 
exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 500 amperes. The trip setting of these circuit 
breakers will be sealed to insure that the settings on the breakers 
cannot be changed, and will have permanent, legible labels. Each label 
will identify the circuit breaker as being suitable for protecting the 
No. 2 AWG cables; (3) replacement circuit breakers and/or instantaneous 
trip units, used to protect the No. 2 AWG trailing cables will be 
calibrated to trip at 500 amperes, and the setting to be sealed; (4) 
all components that provide short-circuit protection will have a 
sufficient interruption rating in accordance with the maximum 
calculated fault current available; (5) the No. 2 AWG cables and the 
circuit breakers will be examined in accordance with all 30 CFR 
provisions during each production day; (6) permanent warning labels 
will be installed and maintained on the load center identifying the 
location of each short-circuit protective device. These labels will 
warn miners not to change or alter the settings of these devices; (7) 
the affected trailing cables will be de-energized and repaired if the 
cables are damaged in any way during the shift; (8) the alternative 
method will not be implemented until after all miners who have been 
designated to operate the Roof Ranger II, or any other person 
designated to examine the trailing cables or trip settings on the 
circuit breakers have received proper training as to the performance of 
their duties; and (9) within sixty (60) days after the Proposed 
Decision and Order becomes final, proposed revisions for its approved 
30 CFR part 48 training plan will be submitted to the District Manager. 
The proposed revisions will specify task training for miners designated 
to examine the trailing cables for safe operating conditions and verify 
that the short-circuit settings of the circuit interrupting device(s) 
that protect the affecting trailing cables do not exceed the specified 
setting(s) in Item No. 3. Training will include the following elements: 
(a) The hazards of setting the short-circuit interrupting device(s) too 
high to adequately protect the trailing cables; (b) how to verify that 
the interrupting device(s) protecting the trailing cable(s) are 
properly set and maintained; (c) mining methods and operating 
procedures that will protect the trailing cables against damage; and 
(d) the proper procedure for examining the trailing cable to insure 
that the cable(s) are in safe operating condition by a visual 
inspection of the entire cable, observing the insulation, the integrity 
of the splices, nicks and abrasions. The petitioner states that the 
procedures as specified in 30 CFR 48.3 for approval of proposed 
revisions to approved training plans will apply. The petitioner asserts 
that the proposed alternative method will at all times guarantee no 
less than the same measure of protection afforded the miners by such 
standard with no diminution of safety to miners.

    Dated: May 21, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-12691 Filed 5-26-10; 8:45 am]
BILLING CODE 4510-43-P