[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49536-49537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19944]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Existing Mandatory Safety Standards

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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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 September 13, 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-2010-031-C.
    Petitioner: D & C Mining Corporation, P.O. Box 148, Fries, Virginia 
24330.
    Mine: D & C Mining Corporation Mine, MSHA I.D. No. 15-18182, 
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) and 30 CFR 18.35(a)(5)(i)(ii) (Portable 
(trailing) cables and cords).
    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 at the mine. 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 
2100 feet; (3) the 480-volt power for permissible pump trailing cables 
will not be smaller than 6 American Wire Gauge (AWG); (4) all 
circuit breakers used to protect trailing cables exceeding the pump 
approval length or Table 9 of 30 CFR Part 18 will have an instantaneous 
trip unit calibrated to trip at 70 percent of phase-to-phase short-

[[Page 49537]]

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. This label will be 
maintained legible; (5) replacement instantaneous trip units, used to 
protect pump trailing cables exceeding the length of item 4 
will be calibrated to trip at 70 percent 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 
covers 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 pumps short-circuit survey will be available at the mine site for 
inspection; (8) the proposed 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 cable for defects and damage have received training 
in 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; and (9) within sixty 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 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 than is provided 
by the existing standards.
    Docket Number: M-2010-032-C.
    Petitioner: M-Class Mining Company, P.O. Box 227, Johnston City, 
Illinois 62951.
    Mine: MC No. 1 Mine, MSHA I.D. No. 11-03189, located in Franklin 
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 cleaning out, preparing, plugging and 
replugging of oil and gas wells utilizing the following terms and 
conditions: 1. District Manager Approval; (a) a safety barrier of 300 
feet in diameter (150 feet between any mined area and a well) will be 
maintained around all oil and gas wells to include all active, 
inactive, abandoned, shut-in, previously plugged wells, and water 
injection wells, until approval to proceed with mining has been 
obtained from the District Manager. After District Manager approval, 
the mine operator will then mine within the safety barrier of the well, 
subject to the terms and conditions of this petition. 2. Plugging, and 
Replugging or Gas Wells; (1) the operator will completely clean out the 
well from the surface to at least 200 feet below the base of the lowest 
mineable coal seam, unless the District Manager requires cleaning to a 
greater depth based on his judgment as to what is required due to the 
geological strata or due to the pressure within the well (the operator 
will provide the District Manager with all information it possesses 
concerning the geologic nature of the strata and the pressure of the 
well). The operator will remove all material from the entire diameter 
of the well, wall to wall; (2) the operator will prepare down-hole logs 
for each well. They will consist of a caliper survey and log(s) 
suitable for determining the top, bottom, and thickness of all coal 
seams and potential hydrocarbon producing strata and the location for a 
bridge plug. In addition, a journal will be maintained describing the 
depth and nature of each material encountered. The bit size and type 
used to drill each portion of the hole; length and type of each 
material used to plug the well; length of casing(s) removed, perforated 
or ripped or left in place, any sections where casing was cut or 
milled; and other pertinent information concerning cleaning and sealing 
the well. Invoices, work-orders, and other records relating to all work 
on the well will be maintained as part of this journal and provided to 
MSHA upon request; (3) When cleaning out the well, the operator will 
make a diligent effort to remove all of the casing in the well. If it 
is not possible to remove all of the casing, the operator will take 
appropriate steps to ensure that the annulus between the casing and 
between the casings and the well walls are filled with expanding 
(minimum 0.5% expansion upon setting) cement and contain no voids. The 
casing will be cut or milled at all mineable coal seam levels if it 
cannot be removed. Any casing that remains will be perforated or 
ripped. If the operator, using a casing bond log, can demonstrate to 
the satisfaction of the District Manager that all annuli in the well 
are already adequately sealed with cement, the operator will not be 
required to perforate or rip the casing for that particular well. When 
multiple casing and tubing strings are present in the coal horizon, any 
casing that remains will be ripped or perforated and filled with 
expanding cement as indicated above. An acceptable casing bond log for 
each casing and tubing string is needed if used in lieu of ripping or 
perforating multiple strings. The petitioner has listed a complete list 
of procedures that will be utilized when cleaning out, preparing, 
plugging, and replugging oil or gas wells. Persons may review these 
procedures at the MSHA address listed in this notice. The petitioner 
states that: (1) Within 30 days after this petition becomes final, 
revisions for the 30 CFR part 48 training plan will be submitted to the 
District Manager. The proposed revisions will include initial and 
refresher training regarding compliance with the terms and conditions 
stated in this petition. All miners in the mine-through of a well will 
be provided with training regarding the requirements of this petition 
prior to mining within 150 feet of the next well to be mined through; 
(2) the responsible person required by 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The well intersection 
procedures will be reviewed by the responsible person prior to any 
planned intersection; and (3) within 30 days after this petition 
becomes final, the operator will submit proposed revisions for its 
approved mine emergency evacuation and firefighting plan required by 30 
CFR 75.1501. The operator will revise the plans to include the hazards 
and evacuation procedures to be used for well intersections. All 
underground miners will be trained in the revised plans within 30 days 
of submittal of the revised evacuation plans. The petitioner asserts 
that the proposed alternative method will at all times guarantee no 
less than the same measure of protection afforded to the miners under 
30 CFR 75.1700.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-19944 Filed 8-12-10; 8:45 am]
BILLING CODE 4510-43-P