[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22148-22152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9195]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application 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 May 20, 2011.

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]. Include the docket 
number of the petition in the subject line of the message.
    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: Roslyn B. Fontaine, Acting 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: Roslyn B. Fontaine, Acting 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.]

[[Page 22149]]


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-2011-007-C.
    Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern 
Cambria, PA 15714
    Mine: Beaver Valley Mine, MSHA Mine I.D No. 36-08725, located in 
Beaver County, Pennsylvania. Bergholz Mine, MSHA Mine I.D No. 33-04565, 
located in Jefferson County, Ohio. Dutch Run Mine, MSHA Mine I.D No. 
36-08701; Darmac No. 2 Mine, MSHA I.D. No. 36-08135; and Logansport 
Mine, MSHA I.D. No. 36-08841, located in Armstrong County, 
Pennsylvania. Harmony Mine, MSHA Mine I.D No. 36-09477, located in 
Clearfield County, Pennsylvania. Rossmoyne Mine, MSHA Mine I.D No. 36-
09075; Knob Creek Mine, MSHA I.D. No. 36-09394; Starford Mine, MSHA 
I.D. No. 36-09637, located in Indiana County, Pennsylvania. Tusky Mine, 
MSHA I.D. No. 33-04509, located in Tuscarawas County, Ohio. Twin Rocks 
Mine, MSHA I.D. No. 36-08836, located in Cambria County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480 volt trailing cables with a 
maximum length of 1200 feet when 2 American Wire Gauge (AWG) 
cable is used and 480 volt trailing cables with a maximum length of 950 
feet when 4 AWG cable is used on Fletcher Roof Ranger II roof 
bolters. The petitioner states that: (1) The maximum length of the 480 
volt trailing cables will be 1200 feet when 2 AWG cable is 
being used. The maximum length of 480 volt trailing cable will be 950 
feet when 4 AWG cable is being used; (2) the trailing cable 
for the 480 volt Fletcher Roof Ranger II bolters will not be smaller 
than 4 AWG cable; (3) all circuit breakers used to protect the 
2 AWG trailing cable or the 4 AWG trailing cable 
exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 500 amperes. The trip setting of these circuit 
breakers must be sealed to ensure that they cannot be changed, and 
these breakers will have permanent, legible labels. Each label will 
identify the circuit breaker as being suitable for protecting the 
cables; (4) replacement circuit breakers and/or instantaneous trip 
units, used to protect 2 AWG trailing cable or the 4 
AWG trailing cable will be calibrated to trip at 500 amperes, and will 
be sealed; (5) all components that provide short-circuit protection 
will have sufficient interruption rating in accordance with the maximum 
calculated fault currents available; (6) during each production day, 
the trailing cables, and the circuit breakers will be examined in 
accordance with all 30 CFR provisions; (7) permanent warning labels 
will be installed and maintained on the load center identifying the 
location of each short-circuit protection device. These labels will 
warn miners not to change or alter the settings of these devices; (8) 
if the affected trailing cables are damaged in any way during the 
shift, the cable will be de-energized and repairs made; (9) the 
proposed alternative method will not be implemented until 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; (10) within sixty 
days after this proposed decision and order becomes final, proposed 
revisions for the approved Part 48 training plan will be submitted to 
the District Manager. The training will include the following elements: 
(a) The hazards of setting the short-circuit device(s) too high to 
adequately protect the trailing cables; (b) how to verify that the 
circuit 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 visually 
inspecting the entire cable, observing the insulation, the integrity of 
the splices, and nicks and abrasions. The petitioner asserts that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the standard.

    Docket Number: M-2011-008-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road 
65, Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA Mine I.D. No. 05-03505, located in Rio 
Blanco County, Colorado.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the length of trailing cables to be 
increased for continuous mining machines, shuttle cars, and roof 
bolters beyond the maximum lengths allowed by Part 18. Maximum lengths 
of various sizes of trailing cables, when protected with circuit 
breakers with instantaneous trip settings are not to exceed the values 
given in Tables 8 and 9, in Appendix I, of Part 18. The petitioner 
proposes to extend the continuous mining machine trailing cables, 
2/0 American Wire Gauge (AWG) to a maximum length of 1,000 
feet, the shuttle car trailing cables 2 AWG to a maximum 
length of 850 feet, and the roof bolter trailing cables 2 AWG 
to a maximum length of 850 feet. Table 9, Appendix I, of Part 18 limits 
the maximum length of 2/0 AWG trailing cables to 850 feet, and 
the maximum length of 2 AWG trailing cables to 700 feet. The 
petitioner states that: (1) The short-circuit calculations that were 
performed show that the proposed alternative method will meet the 
following requirements: (a) Each trailing cable will be protected by an 
automatic three-pole molded case circuit breaker equipped with a means 
to provide short-circuit, grounded phase, under-voltage, and ground 
monitoring protection; (b) the trailing cable short-circuit protection 
will be provided by means of an adjustable instantaneous trip unit that 
is integral to the circuit breaker that is set as required by the 
statutory provision 30 CFR 75.601-1, or 75 percent of the minimum 
available fault current, whichever is less. The short-circuit 
calculations determine the minimum phase-to-phase fault current 
available for each cable size, type, and length desired to be extended 
to lengths greater than allowable by statutory provisions; and (c) 
section 75.601 requires that ``short-circuit protection for trailing 
cables be provided by automatic circuit breaker or other no less 
effective device approved by the Secretary of adequate current-
interrupting capacity in each ungrounded conductor''. The short-

[[Page 22150]]

circuit calculations also determine the maximum fault duties for the 
circuit breakers that protect the trailing cables to assure that they 
have adequate interrupting capacities. (2) The short-circuit 
calculations also include the addition of distribution boxes that will 
power the continuous miner, shuttle cars, and roof bolter. The 
distribution boxes will be mounted on a monorail and each will be 
supplied from the power center by means of 350kemil, 2kV, Type SHD-GC 
power cable that is 700 feet long. There will be one distribution box 
that will power the roof bolter and shuttle cars, and one 1,000V 
distribution box that will power the continuous miner. The resulting 
system is referred to as the ``Deserado Mine Development Monorail 
System''. The continuous mining machines are rated at 950 volts Root 
Mean Squared (RMS) nominal, three-phase, 60 Hertz, the shuttle cars are 
rated at 460 volts RMS nominal, three-phase, 60 Hertz; and the roof 
bolters are rated at 460 volts RMS nominal, three-phase, 60 Hertz. The 
nominal voltage of the continuous miner section electrical distribution 
system will not exceed 1,000 volts and 480 volts for the respective 
section transformer secondary voltages. Actual voltage at which the 
circuits or systems operate may vary slightly from the nominal voltage 
within a range that permits satisfactory operation of the equipment; 
(3) The one-line diagrams and short-circuit calculation models included 
in the calculations reflect the actual existing Deserado Mine high-
voltage electrical distribution system and continuous miner section 
electrical power distribution and control system to be utilized; (4) 
the petitioner desires approval to extend the length of the specified 
trailing cables to improve the safety and efficiency of the mining 
operation; and (5) due to the unusually large support pillar size in 
the longwall gate entries, the longer cable lengths will allow a more 
methodical mining process. Safety will be enhanced due to the decrease 
in power moves, cable handling, and cable damage. Electrical protection 
and safety will not be diminished since the trailing cables will still 
be provided with short-circuit protection that is set conservatively. 
The petitioner asserts that the proposed alternative method will at all 
times guarantee no less than the same measure of protection to all 
miners as would be provided by the standard.

    Docket Number: M-2011-009-C.
    Petitioner: River View Coal, LLC, 835 St., Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA Mine I.D. No. 15-19374, located in 
Union County, Kentucky.
    Regulation Affected: 30 CFR 75.1100-3 (Condition and examination of 
firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for 
maintaining the condition and examination of firefighting equipment. 
The petitioner proposes to maintain the slope belt waterline as a ``dry 
line''. The petitioner states that: (1) River View Mine is a 16 MMU 
continuous miner operation located near Waverly, Union County, 
Kentucky. The mine operates in two coal seams, 11 and the 
9 seam separated by approximately 110 feet of competent 
interburden, the 9 seam being the lowest seam. The mine is 
accessed by one slope and one intake return dual compartment shaft. The 
slope is 16 degrees, 1625 feet, dual compartment, with the upper 
compartment containing the slope belt, and the lower compartment 
containing the track entry used for lowering heavy equipment; and (2) 
As an alternative to maintaining the waterline as being ``charged'' the 
petitioner proposes the following: (a) The 2 inch waterline will be 
installed the full length of the slope belt with fire hydrants (water 
outlets) located every 300 feet or closer if necessary. The water line 
will be maintained as a ``dry line'' year round; (b) with two 
electronically actuated solenoid valves installed in parallel will be 
located inline of the slope belt waterline at the tailpiece of the 
slope belt in the 9 seam. Electrical power will be necessary 
to hold these valves in closed position. The valves will return to the 
open position (charging the waterline) upon loss of voltage or when 
activated; (c) the solenoid valves will be connected to the CO 
monitoring system through PLC programming. The valves will be 
automatically actuated if any of the CO sensors along the slope belt 
detect a level of 25 parts per million (ppm) for longer than 180 
seconds; (d) a manually operated bypass valve will be installed in 
parallel with the automatic valves. This manual valve will normally be 
closed; (e) water will automatically charge the waterline if either the 
automatic valves or the manual bypass is moved to the open position; 
(f) the solenoid valves will be capable of being actuated at a manned 
surface location, either the CO monitoring room or the security 
station. Either, two miners on each shift or the security station staff 
will be trained to actuate the solenoid valves. The security station is 
staffed 24 hours a day, 7 days a week; (g) a manually operated outlet 
will be installed downstream of the solenoid valves. The manual valve 
will be designated as a test/drain valve and will be closed except when 
testing the system or when draining water after testing or actuation; 
(h) a second manually operated valve will be installed just downstream 
of the test/drain valve. This valve will be open at all times, except 
when testing of the system is required. During testing, this valve will 
isolate the waterline that supplies the fire hydrants along the slope 
belt. This will allow the solenoid valves to be tested and will assure 
that the system is functioning properly without filling the entire 
length of the waterline, thus creating the need to drain a large volume 
of water; (i) all valves and switches that are part of this system will 
be clearly marked and labeled as to their intended purpose; (j) the 
system will be examined monthly and the results of this examination 
will be recorded; (k) pressure relief valves will be located along the 
waterline to relieve pressure (entrapped air) when the waterline is 
charging; (l) at least 500 feet of fire hose will be kept at the 
following three strategic locations: (i) Slope belt head house (Top of 
the slope belt); (ii) 11 seam dump point (Approximately 950 
feet down the slope); (iii) 9 seam dump point (Located at the 
bottom of the slope), and additional fire hose will be kept at 
strategic locations if needed. The petitioner asserts that the proposed 
alternative method will provide a measure of protection to all miners 
at River View Mine greater than that of the standard.

    Docket Number: M-2011-010-C.
    Petitioner: Brooks Run Mining Company, LLC, 208 Business Street, 
Beckley, West Virginia 25801.
    Mine: Still Run No. 3 Mine, MSHA Mine I.D No.46-09301, located in 
Wyoming 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 deluge-type water spray systems to be used 
without blow-off dust covers on the nozzles. The petitioner states 
that: (1) Currently, each nozzle is provided with a blow-off dust 
cover; (2) weekly inspections and functional tests of its complete 
deluge-type water spray system are currently being conducted at the 
mine; (3) due to frequent inspections and functional testing of the 
system, the dust covers are not necessary because the nozzles can be 
maintained in an unclogged condition through weekly use; (4) it is

[[Page 22151]]

burdensome to recap the large number of covers weekly after each 
inspection and functional test. The petitioner proposes to continue its 
weekly inspection and functional testing of the complete deluge-type 
water spray system, and to remove the blow-off dust covers from the 
nozzles. The petitioner asserts that the proposed alternative method 
will at all times guarantee no less than the same measure of protection 
afforded the miners as would be provided by the existing standard.

    Docket Number: M-2011-011-C.
    Petitioner: Highland Mining Company, LLC, 530 French Road, Waverly, 
Kentucky.
    Mine: Highland No. 9 Mine, MSHA Mine I.D No. 15-02709, located in 
Union County, Kentucky.
    Regulation Affected: 30 CFR 75.1100-2(b) (Quantity and location of 
firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a dry waterline system to 
provide fire suppression in the slope area of the Highland No. 9 Mine 
to ensure the availability of water during freezing and subfreezing 
weather conditions and to prevent damage to the waterline and related 
firefighting equipment caused by freezing and subfreezing conditions 
during cold weather seasons. The petitioner proposes to establish, by 
designation, a dry waterline system with manual water-charging 
capabilities in the slope area to prevent water contained in the 
otherwise charged waterline from freezing, thereby preventing water 
from flowing through the waterline during an emergency, or otherwise 
damaging the waterline and related firefighting equipment that may be 
connected to the waterline from expansion of ice during freezing and 
subfreezing conditions. The petitioner states that: (1) The area to be 
serviced by the dry waterline system is from the surface mouth of the 
slope to the slope bottom; (2) areas of the mine in the designated 
terminus of the dry waterline system at the slope bottom will continue 
to be serviced by a charged waterline as currently installed and 
maintained; (3) in order to provide fire protection in the area 
designated as the dry waterline system, the following procedures will 
apply when the dry waterline system is in use: (a) the slope beltline 
will be monitored by a carbon monoxide (CO) detection system. A person 
trained in the operation of the CO detection system will be on duty at 
all times when employees are underground; (b) all hoistmen, surface 
electricians, belt mechanics, and surface equipment operators will be 
trained in the location and operation procedures of valves and pumps 
necessary to pressurize the waterline in the slope, should 
pressurization become necessary during an emergency; and (c) 300 feet 
of water hose, nozzles, and wrenches will be stored at the mouth of the 
slope (surface) on the emergency landing and at the bottom of the 
slope; (4) there are no belt drives located between the slope mouth at 
the surface and the slope bottom in the area designated as a dry 
waterline system; (5) there will be a limit of five minutes elapsed 
time from actuation of the fire detection device to full water 
pressurization of such dry waterline, and it will meet flow and 
pressure requirements. Activation of the waterline will be accomplished 
by energizing the pressure pump and opening a valve designated as point 
``A'', and by closing a drain line and opening a valve at the slope 
mouth designated as point ``B''; (6) a gauge will be provided to 
indicate that a supply of water under pressure is available to the dry 
waterline; (7) to prevent freezing, ice, or slush accumulations which 
could block the waterline, the dry waterline will be drained or purged 
after use, charged or tested, or it will be maintained with a low-
pressure water-flow sufficient to prevent it from freezing. All valves 
will likewise be protected; (8) sufficient water will be available at 
all times to adequately charge and supply the needs of the dry 
waterline; (9) each dry waterline pressurization system will be 
visually inspected weekly and a test of the electrical and mechanical 
functions of the system will be conducted monthly. The dry waterline 
will be pressurized during the monthly tests; and (10) this petition is 
only applicable to seasonal periods in which temperatures below 32 
degrees Fahrenheit may be anticipated. The petitioner asserts that the 
proposed alternative method will not result in a diminution of safety 
to the miners.

    Docket Number: M-2011-002-M.
    Petitioner: U.S. Silver Idaho, Inc., 1801 California Street, Suite 
4900, Denver, Colorado 80202.
    Mine: Galena Mine, MSHA Mine I.D No. 10-00082, located in Shoshone 
County, Idaho.
    Regulation Affected: 30 CFR 57.9300(a) (Berms and guardrails).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance as it 
applies to providing guardrails for a pond at the banks of the roadway 
where a drop off exists of sufficient grade or depth to cause a vehicle 
to overturn or endanger persons in equipment. The petitioner states 
that: (1) Installing a berm around the tailings dam during construction 
of the lift for the impoundment would cause workers to compact the road 
surrounding the road from edge to edge to ensure the integrity of the 
impoundment and the road surrounding it; (2) the compaction of material 
to 90 percent density is performed by a cat loader and an end dump and 
is specifically required by a permit issued by the State of Idaho 
Department of Water Resources Dam Safety Division. This state agency 
comes to the mine to inspect the lift to ensure compliance with the 
permit; (3) after proper compaction is achieved a berm is installed on 
the outside edge of the subject road but not the side closest to the 
impoundment. Placing a berm on either side of the subject road prior to 
achieving required compaction would compromise the structural integrity 
of the embankment. In addition, placing a berm on the inside of the 
subject road would lift the tailings distribution lines approximately 
three feet in elevation and could result in enough head loss in the 
line to cause a tailings spill upstream of the impoundment. A tailings 
spill upstream of the impoundment would report directly to Shields 
Creek below the Coeur Mill. Lack of compaction would also cause an 
obvious hazard to anyone driving on the road, as the relatively 
uncompacted road could give way under the weight of the equipment. As 
required by the permit, the tailings distribution point is frequently 
changed in order to ensure proper distribution of tailings against the 
dam. If there was an earthen berm installed on the inside of the 
roadway, the berm would have to be breached each time the distribution 
point is changed. As such, current application of the standard, 
requiring a berm around the tailings pond will result in a diminution 
of safety for miners at the Galena Mine. The petitioner proposes that: 
(1) A locked gate is installed at the only entrance point to the 
roadway; (2) signs are posted warning that the roadway is not bermed; 
(3) the maximum speed limit of 15 miles per hour is posted, and speed 
limit signs will be posted at appropriate entrance locations to the 
impoundment roadway; (4) no operations will be conducted on the road 
when road traction may be impacted by weather conditions, unless 
corrective measures, such as the use of tire chains, plowing, or 
sanding are taken to improve traction; (5) a pipeline will be located 
on the inside edge of the impoundment roadway to serve as a guide for 
mobile vehicle operations.

[[Page 22152]]

Delineators will be used along the perimeter of areas of the roadway 
where no pipeline was laid and there was a drop-off sufficient for 
equipment to overturn. Delineators are installed along the perimeter of 
the impoundment so that, for both directions of travel, the reflective 
surfaces of at least three delineators along each elevation will always 
be visible to the driver and spaced at intervals sufficient to indicate 
the edges and altitude of the roadway; (6) access to the locked gate 
will be limited to individuals who have received and successfully 
completed training consisting of applicable task training, and a 
supervised tour of the impoundment roadway. A training form will be 
completed for each employee that receives the training and will detail 
the topics covered in the training. Personnel deemed essential by the 
petitioner to operate equipment in the area who has not received the 
training will be accompanied by a person who has received the specified 
training. Training will be valid for four years from the date of 
completion; (7) records of the training will be maintained for four 
years and made available to MSHA upon request; and (8) to enable U.S. 
Silver to not berm the inside of the impoundment roadway not only 
prevents a diminution of safety for miners, it provides an alternative 
method of achieving the results of the standard which at all times 
guarantees no less than the same measure of protection to all miners at 
the Galena Mine afforded by the standard.

    Dated: April 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-9195 Filed 4-19-11; 8:45 am]
BILLING CODE 4510-43-P