[Federal Register Volume 77, Number 4 (Friday, January 6, 2012)]
[Notices]
[Pages 812-813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33861]


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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, 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 submitted to the Mine Safety and Health 
Administration (MSHA) by the parties listed below to modify the 
application of existing mandatory safety standards codified 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 February 6, 2012.

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: (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. Individuals who submit comments by 
hand-delivery are required to check in at the receptionist's desk on 
the 21st floor. Individuals may inspect copies of the petitions and 
comments during normal business hours at the address listed above.
    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.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at (202) 693-9447 (Voice), 
[email protected] (Email), or (202) 693-9441 (Facsimile). [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 of Labor 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-2011-038-C and M-2011-039-C.
    Petitioner: Midland Trail Energy, LLC, 42 Rensford Star Route, 
Charleston, West Virginia 25306.
    Mines: Campbells Creek No. 7 Mine, MSHA I.D. No. 46-09107, and Blue 
Creek No. 1 Mine, MSHA I.D. No. 46-09297, 3301 Point Lick Road, 
Charleston, West Virginia 25306, located in Kanawha County, West 
Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 900-feet-maximum length cables 
to supply power to its shuttle cars, roof bolters, and mobile roof 
supports at the Campbells Creek No. 7 Mine and Blue Creek No. 1 Mine. 
The petitioner states that:
    (1) The maximum length trailing cables supplying the 575-volt 
shuttle cars, 480-volt roof bolters, and 480-volt mobile roof supports 
will not exceed 900 feet.
    (2) The trailing cable(s) for the shuttle car(s) and the roof 
bolter(s) will not be smaller than No. 2 American Wire Gauge (AWG), and 
the trailing cable(s) for mobile roof support(s) will not be smaller 
than No. 4 AWG.
    (3) All circuit breakers used to protect the No. 2 AWG trailing 
cables that exceed 700 feet in length will have instantaneous trip 
units calibrated to trip at 800 amperes. The trip setting of these 
circuit breakers will be sealed and will have permanent, legible 
labels. The labels will identify the circuit breaker as being a 
specially calibrated circuit breaker suitable for protecting No. 2 AWG 
cables. This label will be maintained legible.
    (4) All circuit breakers used to protect No. 4 AWG trailing cables 
that exceed 600 feet in length will have instantaneous trip units 
calibrated to trip at 500 amperes. The trip setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
labels will identify the circuit breakers as being a specially 
calibrated circuit breaker and suitable for protecting No. 4 AWG 
cables. This label will be maintained legible.
    (5) All components that provide short circuit protection for the 
No. 4 AWG and No. 2 AWG cables will have an interruption rating in 
accordance with the maximum available fault current. A short-circuit 
study, available as part of the petition, indicates the maximum fault 
current available on the coal producing section. Circuit breakers of 
sufficient interrupting rating will be provided in accordance with the 
study.
    (6) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2 AWG cables will be calibrated to trip at 800 
amperes. This setting will be sealed.
    (7) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 4 AWG cables will be calibrated to trip at 500 
amperes. This setting will be sealed.
    (8) Any trailing cable that is not in safe operating condition will 
be removed from service immediately and repaired or replaced.
    (9) Each splice or repair in the trailing cable to the shuttle 
cars, roof bolters, and mobile roof supports will be made in a 
workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice or repair materials. The outer jacket of 
each splice or repair will be sealed or made with material that has 
been accepted by MSHA as flame-resistant.
    (10) If the mining methods or operating procedures cause or 
contribute to the damage of any trailing cable, the cable will be 
removed from service immediately and repaired or replaced, and 
additional precautions will be taken to ensure that in the future the 
cable is protected and maintained in safe operating condition.
    (11) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed short-circuit

[[Page 813]]

protection device. These labels will warn miners not to change or alter 
the sealed short-circuit settings.
    (12) The haulage roads, locations of trailing cable anchoring 
points, and locations of the belt tailpiece or feeder will be arranged 
to:
    (a) Prevent the shuttle cars from running over their trailing 
cables.
    (b) Minimize the need for secondary (temporary) trailing cable 
anchoring points.
    (c) Minimize back spooling.
    (13) The alternative method will not be implemented until all 
miners designated to examine the integrity of the seals and verify the 
short-circuit settings have received task training in the proper 
procedures for examining trailing cables for defects and damage.
    (14) Within 60 days after this proposed decision and order becomes 
final, the proposed revisions for the petitioner's approved 30 CFR part 
48 training plan will be submitted to the District Manager. The 
revisions will specify task training for miners designated to verify 
that the short-circuit settings of the circuit interrupting device(s) 
that protect the affected trailing cables do not exceed the specified 
setting(s). The training plan will include the following:
    (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 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 cable(s) against mechanical damage.
    (d) Proper procedures for examining the affected trailing cable(s) 
to ensure that the cables are in safe operating condition.
    The petitioner further states that procedures specified in 30 CFR 
48.3 for proposed revisions to already approved training plans will 
apply.
    The petitioner asserts that the alternative method will provide at 
all times a measure of protection for the miners equal to or greater 
than that of the existing standard.

    Dated: December 30, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-33861 Filed 1-5-12; 8:45 am]
BILLING CODE 4510-43-P