Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23745 

08636, and No. 9 Mine, MSHA I.D. No. 

46–08976, located in Logan County, 

West Virginia; and No. 3 Mine, MSHA 

I.D. No. 46–08778 and No. 8 Mine, 

MSHA I.D. No. 46–09018, located in 

Mingo County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

• Docket Number: M–2008–025–C. 

FR Notice: 73 FR 34963 (June 19, 

2008). 

Petitioner: ICG Beckley, LLC, P.O. Box 

49, Eccles, West Virginia 25836. 

Mine: Beckley Pocahontas Mine, I.D. 

No. 46–05252, located in Raleigh 

County, West Virginia. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

• Docket Number: M–2008–046–C. 

FR Notice: 73 FR 61912 (October 17, 

2008). 

Petitioner: Black Beauty Coal 

Company, 13101 Ziegler 11 Road, P.O. 

Box 369, Coulterville, Illinois 62237. 

Mine: Gateway Mine, MSHA I.D. 11– 

02408, located in Randolph County, 

Illinois. 

Regulation Affected: 30 CFR 75.1101– 

1(b) (Deluge-type water spray systems). 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–11685 Filed 5–19–09; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice of petitions for 

modification of existing mandatory 

safety standards. 

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 19, 2009. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: StandardsPetitions@dol.gov. 

2. Facsimile: 1–202–693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209, 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, 

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), barron.barbara@dol.gov 

(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–2009–001–M. 

Petitioner: General Chemical (Soda 

Ash) Partners, P.O. Box 551, Green 

River, Wyoming 82935. 

Mine: General Chemical Mine, MSHA 

I.D. No. 48–00155, located in 

Sweetwater County, Wyoming. 

Regulation Affected: 30 CFR 57.22305 

(Approved equipment (III mines)). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit an increase in the 

length of portable trailing cables, which 

is longer than the maximum length set 

forth in 30 CFR Appendix,1, Table 9, to 

enable safe handling practice of the 

cable in regards to their mining 

operation. The petitioner states that 

currently, the boring machines are 

approved for use with #2 American 

Wire Gauge (AWG) trailing cable. The 

petitioner proposes the following for its 

General Chemical Mine in Green River, 

Wyoming: (1) The maximum length for 

portable trailing cables in regards to 

power distributed to its boring machines 

will be 1,200 feet for cable sizes #2/0 

AWG, #10 AWG, #1 AWG, and #2 AWG; 

(2) all instantaneous trip settings for 

over-current will be maintained at a 

level below the minimum available fault 

current calculated, using the MSHA 

short circuit program ‘‘Scwin’’; (3) 

interrupt ratings for all breakers in the 

distribution circuit will be high enough 

to interrupt the maximum available 

fault current as calculated using the 

MSHA short circuit program ‘‘Scwin’’; 

and (4) power distribution circuits 

pertaining to bore mining sections will 

be maintained on a typical basis in 

reference to the typical power 

distribution in effect at the time of 

investigation for this modification, 

whereby cable lengths in the 

distribution circuit leading up to the 

Load Center at the bore section will be 

maintained no longer than those 

proposed in the Short Circuit 

calculations, using the MSHA program 

‘‘Scwin’’ at the time of this petition. The 

petitioner asserts that an equal measure 

of protection will be maintained at all 

times as that afforded by the standard. 

Docket Number: M–2009–008–C. 

Petitioner: M.C. Mining, LLC, 4126 

State Highway 194 West, Pikeville, 

Kentucky 41501. 

Mine: Mine No. 3, MSHA I.D. No. 15– 

08079, located in Pike County, 

Kentucky. 

Regulation Affected: 30 CFR 

75.503(18.35) (Permissible electric face 

equipment; maintenance). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the maximum length 

of trailing cables to be increased for 

supplying power to permissible pumps 

used in the mine. The petitioner states 

that: (1) This petition will only apply to 

trailing cables supplying three-phase, 

575-volt power to permissible pumps; 

(2) the maximum length of the trailing 

cables will be 1,597 feet; (3) the 575-volt 

permissible pump trailing cable will not 

be smaller than #6 American Wire 

Gauge (AWG); (3) all circuit breakers 

used to protect #6 trailing cables 

exceeding 500 feet in length will have 

23746 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

an instantaneous trip unit calibrated to 

trip at 150 amperes, the trip setting will 

be sealed or locked and breakers will 

have permanent legible labels, and each 

label will identify the circuit breaker as 

being suitable for protecting #6 cables. 

The label will be maintained legible; (5) 

persons designated by the operator will 

visually examine the trailing cables to 

ensure the cable is in safe operating 

condition; (6) trailing cables that are not 

in safe operating condition will be 

removed from services immediately and 

repaired or replaced; (7) 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 splice or repair will 

comply with 30 CFR 75.603 and 30 CFR 

75.604; (8) permanent warning labels 

will be installed and maintained on the 

cover(s) 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; (9) the 

alternative method will not be 

implemented until the miners 

designated to examine the integrity of 

seals or locks, verify the short-circuit 

settings, and proper procedures for 

examining trailing cables for defects and 

damage have received the elements of 

the specified training; and (10) proposed 

revisions for Part 48 training plans will 

be submitted to the District Manager 

within 60 days after the petition is 

granted for the area in which the mine 

is located, which will include training 

in the proper procedures for examining 

the trailing cables to ensure safe 

operating condition, and training in 

how to verify that circuit interrupting 

device(s) protecting the trailing cable(s) 

are properly set and maintained. 

Docket Number: M–2009–009–C. 

Petitioner: Twentymile Coal 

Company, Three Gateway Center, suite 

1340, 401 Liberty Avenue, Pittsburgh, 

Pennsylvania 15222. 

Mine: Foidel Creek Mine, MSHA I.D. 

No. 05–03836, located in Routt County, 

Colorado. Regulation Affected: 30 CFR 

75.312(c) & (d) (Maine mine fan 

examination and records). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit fan-stoppage devices 

and automatic closing doors to be tested 

without stopping the mine fan. The 

petitioner proposes the following 

alternative procedure for testing the 

fans: (a) The fan door will be installed 

according to drawings approved by 

MSHA, and the fan alarm signal will be 

installed according to MSHA 

requirements, including the warning 

light near the door location and an 

audible and visual alarm at the 

dispatcher and communication center 

locations; (b) air reversal doors will be 

tested every seven days by rotating the 

test frame outward until it contacts the 

air flow reversal door; (c) the person 

conducting the test will make a visual 

observation of the movement of the test 

frame and general maintenance of the 

metal door and frame for good repair; 

(d) the fan alarm signal system 

(mechanical switch) which is mounted 

to the fan house, will be tested by a 

responsible person every seven days by 

actuating the switch; (e) the actuating of 

the fan alarm switch will be verified by 

a responsible person with the 

communication center and the 

dispatcher; (f) the person who made the 

tests will record the results in a secure 

book at a surface location by the end of 

the shift on which the tests were made. 

The book will also indicate the general 

repair of the system and will be made 

available to representatives of the 

Secretary. The petitioner states that the 

MSHA District Manager will be notified 

regarding future testing of additional air 

reversal fan doors, when each fan is 

equipped with the new test frame 

system, so that an inspection may be 

scheduled prior to the seven day testing. 

The petitioner further states that until 

all main fans are equipped in 

compliance with the approved system, 

miners must be removed from the mine 

for testing of any fan not yet equipped. 

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–2009–010–C. 

Petitioner: Frasure Creek Mining, LLC, 

P.O. Box 142, Justice, West Virginia 

24851. Mines: No. 5 Mine, MSHA I.D. 

No. 46–08942, Deep Mine No. 15, 

MSHA I.D. No. 46–09209, located in 

Fayette County, West Virginia, and 

Isaban Deep Mine No. 3, MSHA I.D. No. 

46–09245, located in Mingo 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 blow-off dust covers 

to be used without the nozzles. The 

petitioner proposes to continue its 

weekly inspections and functional 

testing of the complete deluge-type 

water spray system. The petitioner 

states that dust covers are not necessary 

because the nozzles can be maintained 

in an unclogged condition through 

weekly use. The petitioner further states 

that it is burdensome to recap the large 

number of covers weekly after each 

inspection and functional test. 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 the 

existing standard. 

Docket Number: M–2009–012–C. 

Petitioner: Wolf Run Mining 

Company, 1 Edmiston Way, 

Buckhannon, West Virginia 26201. 

Mines: Imperial Mine, MSHA I.D. No. 

46–09115, located in Upshur 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 blow-off dust covers 

not to be applied to nozzles on delugetype systems. The petitioner states that: 

(1) The functional test required each 

year under 30 CFR 75.1101–11 will be 

done weekly; (2) functional tests are 

currently being done a weekly basis and 

although more than adequate pressure 

and flow rates are being maintained for 

these deluge systems, in some tests, the 

dust covers do not come off all sprays; 

(3) by doing this functional test weekly, 

all sprays can be inspected and 

maintained on a weekly basis. The dust 

covers provide protection for sprays 

which are tested yearly, and by testing 

weekly, the covers are not necessary. 

The petitioner asserts that the proposed 

alternative method will at all times 

guarantee no less than the same measure 

of protection afforded by the existing 

standard. 

Patricia W. Silvey, 

Director, Office of Standards, Regulations and 

Variances. 

[FR Doc. E9–11673 Filed 5–19–09; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice of petitions for 

modification of existing mandatory 

safety standards. 

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.