[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81313-81315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32355]


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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 January 26, 2011.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#780202352b3039551b1715151d160c0b381c1714561f170e"><span class="__cf_email__" data-cfemail="6c1616213f242d410f0301010902181f2c080300420b031a">[email protected]</span></a>. 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: 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), 
<a href="/cdn-cgi/l/email-protection#c6a4a7b4b4a9a8e8a4a7b4a4a7b4a786a2a9aae8a1a9b0"><span class="__cf_email__" data-cfemail="c0a2a1b2b2afaeeea2a1b2a2a1b2a180a4afaceea7afb6">[email protected]</span></a> (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-2010-037-C.
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
Virginia 24282.
    Mine: Huff Creek No. 1 Mine, MSHA I.D. No. 15-17234, located in 
Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit at least one entry of each return air 
course to be examined in its entirety so that the entire air course is 
traveled every 7 days, due to adverse roof, rock falls, and floor heave 
conditions in the return entry in the C-Mains resulting from multi-seam 
mining and unfavorable geological conditions. The petitioner proposes 
to: (1) Establish two evaluation points for weekly evaluation of the 
affected area, located at break 42 and break 64 in the C-Mains panel to 
monitor air quality and quantity entering and exiting the affected 
area; (2) have a certified person examine each of the evaluation points 
at least every 7 days, including: (i) Examine for hazards on the 
approaches to and at the evaluation points; (ii) evaluate and measure 
the quality and quantity of air flowing past the evaluation points; 
(iii) measure the air quality for methane, oxygen, and carbon monoxide 
concentrations using an approved hand-held device; (iv) measure air 
quantity using an appropriately calibrated anemometer. Methane gas or 
other harmful, noxious, or poisonous gases will not be permitted to 
accumulate in excess of legal limits for a return air course; (iv) 
immediately examine and evaluate the evaluation points where there is 
an increase of 0.5 percent methane above the previous reading or a 10 
percent unplanned change in the airflow quantity from the previous 
reading to determine the cause; (v) take appropriate corrective action 
and determine a new initial airflow to serve as the basis for 
subsequent evaluations; (vi) provide a date board at each evaluation 
point where the certified examiner will record the date, time, his or 
her initials, and the measured quantity and quality of the air entering 
the affected area; and (vii) record the results of each weekly 
examination in a book maintained on the surface. (3) submit an annual 
ventilation map that will show the permanent ventilation controls and 
evaluation points in accordance with 30 CFR 75.372; and (4) maintain in 
safe condition at all times, all evaluation points and approaches to 
the evaluation points, and adequately support the roof by suitable 
means to prevent deterioration in the vicinity of the evaluation 
points. The petitioner asserts that the proposed alternative method 
will at all times guarantee no less than the same measure of protection 
afforded by the appropriate portion of the existing standard.
    Docket Number: M-2010-038-C.
    Petitioner: Enlow Fork Mining Company, 1000 Consol Energy Drive, 
Canonsburg, Pennsylvania 15317.
    Mine: Enlow Fork Mine, MSHA I.D. No. 46-07416, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) and (ii) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables to be 
increased to 900 feet for supplying power to loading machines used in 
the Enlow Fork Mine. The petitioner states that:
    (1) Longwall development panels are being developed at the mine as 
part of a continuing mining cycle; (2) the longwall development panels 
consist of a three-entry system with 275-foot deep cuts to improve roof 
and abutment pressure control during longwall mining; (3) ventilation 
is improved by limiting the number of stoppings, which have a built-in 
ventilation pressure loss factor; (4) this petition will only apply

[[Page 81314]]

to trailing cables supplying three-phase 995-volt power to loading 
machines; (5) the maximum lengths of the trailing cables will be 900 
feet, and the trailing cables will not be smaller than <greek-i>2 
American Wire Gauge (AWG); (6) all circuit breakers used to protect 
<greek-i>2 AWG trailing cables exceeding 700 feet in length will have 
instantaneous trip units calibrated to trip at 800 Amperes. The trip 
setting of the circuit breakers will be sealed or locked, and will have 
permanent, legible labels. Each label will identify the circuit breaker 
as being suitable for protecting <greek-i>2 AWG cables and the label 
will be maintained legible; (7) replacement instantaneous trip units 
used to protect <greek-i>2 AWG trailing cables will be calibrated to 
trip at 800 Amperes and this setting will be sealed or locked; (8) 
during each production day, persons designated by the operator will 
visually examine the trailing cables to ensure that the cables are in 
safe operating condition and that the instantaneous settings of the 
specially calibrated breakers do not have seals or locks removed and 
that they do not exceed the settings of 800 Amperes; (9) any trailing 
cable that is not in safe operating condition will be removed from 
service immediately and repaired or replaced; (10) each splice or 
repair in the trailing cables 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 
vulcanized with flame-resistant material or made with material that has 
been accepted by MSHA as flame-resistant; (11) in the event 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. Additional precautions will be taken to 
ensure that in the future the cable is protected and maintained in safe 
operating condition; (12) permanent warning labels will be installed 
and maintained on the cover(s) of the power center identifying the 
location of each sealed short-circuit protection device. The labels 
will warn miners not to change or alter the sealed short-circuit 
settings; (13) the alternative method will not be implemented until all 
miners who have been designated to examine the integrity of seals, 
verify the short-circuit settings, and proper procedures for examining 
trailing cables for defects and damage have received the elements of 
training; and (14) within 60 days after this petition is granted, 
proposed revisions to part 48 training plans will be submitted to the 
District Manager for the area in which the mines is located. The 
elements of training will include the following: (i) Training in mining 
methods and operating procedures that will protect the trailing cables 
against damage; (ii) training in the proper procedures for examining 
the trailing cables to ensure that the cables are in safe operating 
condition; (iii) training in hazards of setting the instantaneous 
circuit breakers too high to adequately protect the trailing cables; 
and (iv) training in how to verify that the circuit interrupting 
device(s) protecting the trailing cable(s) are properly set and 
maintained. 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 the Enlow Fork Mine as would be provided by the 
existing standard.
    Docket Number: M-2010-039 -C.
    Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy 
Drive, Canonsburg, Pennsylvania 15317.
    Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) and (ii) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables to be 
increased to 900 feet for supplying power to loading machines used in 
the Bailey Mine. The petitioner states that: (1) Longwall development 
panels are being developed at the mine as part of a continuing mining 
cycle; (2) the longwall development panels consist of a three-entry 
system with 275-foot deep cuts to improve roof and abutment pressure 
control during longwall mining; (3) ventilation is improved by limiting 
the number of stoppings, which have a built-in ventilation pressure 
loss factor; (4) this petition will only apply to trailing cables 
supplying three-phase 995-volt power to loading machines; (5) the 
maximum lengths of the trailing cables will be 900 feet, and the 
trailing cables will not be smaller than <greek-i>2 American Wire Gauge 
(AWG); (6) all circuit breakers used to protect <greek-i>2 AWG trailing 
cables exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 800 Amperes. The trip setting of the circuit 
breakers will be sealed or locked, and will have permanent, legible 
labels. Each label will identify the circuit breaker as being suitable 
for protecting <greek-i>2 AWG cables and the label will be maintained 
legible; (7) replacement instantaneous trip units used to protect 
<greek-i>2 AWG trailing cables will be calibrated to trip at 800 
Amperes and this setting will be sealed or locked; (8) during each 
production day, persons designated by the operator will visually 
examine the trailing cables to ensure that the cables are in safe 
operating condition and that the instantaneous settings of the 
specially calibrated breakers do not have seals or locks removed and 
that they do not exceed the settings of 800 Amperes; (9) any trailing 
cable that is not in safe operating condition will be removed from 
service immediately and repaired or replaced; (10) each splice or 
repair in the trailing cables 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 
vulcanized with flame-resistant material or made with material that has 
been accepted by MSHA as flame-resistant; (11) in the event 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. Additional precautions will be taken to 
ensure that in the future the cable is protected and maintained in safe 
operating condition; (12) permanent warning labels will be installed 
and maintained on the cover(s) of the power center identifying the 
location of each sealed or locked short-circuit protection device. The 
labels will warn miners not to change or alter the sealed short-circuit 
settings; (13) the alternative method will not be implemented until all 
miners who have been designated to examine the integrity of seals, 
verify the short-circuit settings, and proper procedures for examining 
trailing cables for defects and damage have received the elements of 
training; and (14) within 60 days after this petition is granted, 
proposed revisions to part 48 training plans will be submitted to the 
District Manager for the area in which the mines is located. The 
elements of training will include the following: (i) Training in mining 
methods and operating procedures that will protect the trailing cables 
against damage; (ii) training in the proper procedures for examining 
the trailing cables to ensure that the cables are in safe operating 
condition; (iii) training in hazards of setting the instantaneous 
circuit breakers too high to adequately protect the trailing cables; 
and (iv) training in how to verify that the circuit interrupting 
device(s) protecting the trailing cable(s) are properly set and 
maintained. The petitioner asserts that the proposed alternative method 
will at all times guarantee no less than the same measure

[[Page 81315]]

of protection to all miners at the Bailey Mine as would be provided by 
the existing standard.

    Dated: December 20, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-32355 Filed 12-23-10; 8:45 am]
BILLING CODE 4510-43-P


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