[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Notices]
[Pages 34486-34487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14592]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Notice of petitions for modification of existing mandatory
safety standards.
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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 July 19, 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 Numbers: M-2010-024-C, M-2010-025-C, M-2010-026-C, M-2010-
027-C, and M-2010-028-C.
Petitioners: Panther Mining, LLC, Mine 1, MSHA I.D. No.
15-18198, located in Harlan County, Kentucky (Docket No. M-2010-024-C);
North Fork Coal Corp., Mine 5, MSHA I.D. No. 15-18732 (Docket
No. M-2010-025-C) and Mine 4, MSHA I.D. No. 15-18340 (Docket
No. M-2010-026-C), located in Letcher County, Kentucky; and Stillhouse
Mining, LLC, Mine 1, MSHA I.D. No. 15-17165 (Docket No. M-
2010-027-C) and Mine 2, MSHA I.D. No. 15-18869 (Docket No. M-
2010-028-C), 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).
Modification Request: The petitioners 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 above
referenced mines. 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 power will be 4000 feet; (3) 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-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. In instances
where a 70 percent instantaneous set point will not allow a pump to
start due to motor inrush, a thermal magnetic breaker will be
furnished. The thermal rating of the circuit breaker will be no greater
than 70 percent of the available short-circuit current and the
instantaneous setting will be adjusted one setting above the motor
inrush trip point. This setting will also be sealed or locked; (4)
replacement instantaneous trip units, used to protect pump trailing
cables exceeding required lengths of cables 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; (5) permanent warning labels
shall 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; (6) all pump installations with cable lengths
that are specified in Table 9 will have short-circuit surveys conducted
and items 1-5 will be implemented. A copy of each pump short-circuit
survey will be available at the mine site for inspection; (7) the
alternative method will not be implemented until miners who have been
designated to examine the integrity of seals or locks, verify the
short-circuit setting, and proper procedures for examining trailing
cables for defects and damage have received the element of trailing
herein; (8) within sixty (60) days after this petition is granted,
proposed revisions for their approved 30 CFR Part
[[Page 34487]]
48 training plans will be submitted to the Coal Mine Safety and Health
District Manager for the area in which the mine is located. The
proposed training will include 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 a safe
operating condition; (c) training in hazards of setting the
instantaneous circuit breakers too high to adequately protect the
trailing cables; (d) training in how to verify the circuit interrupting
device(s) protecting the trailing cable(s) are properly set and
maintained. 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 standard.
Docket Numbers: M-2010-002-M.
Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road
85, Green River, Wyoming 82935.
Mine: Solvay Chemicals, Inc., Trona Underground Mine, MSHA I.D. No.
48-01295, 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 the use of certain non-permissible
equipment for the purpose of thermographic measurements in or beyond
the last open crosscut. The petitioner proposes to use an infrared
camera for the purpose of preventative maintenance under specific
conditions and while continuously monitoring for methane levels.
Immediately prior to the use of the non-permissible equipment, the mine
atmosphere will be tested for methane within 6 inches, and would be
continuously monitored with an approved instrument capable of providing
both visual and audible alarms. Methane levels would be continuously
monitored during thermographic measurements by utilizing the longwall
continuous methane monitors located at the shear, headgate and
tailgate. The continuous monitors alarm at 1% methane and de-energize
the longwall mining machine at 1.5% methane. Methane levels will also
be monitored by an appropriate continuous monitoring meter carried by
the operator. The petitioner asserts that the proposed alternative
method will guarantee the miners no less than the same measure of
protection as would the existing standard.
Dated: June 11, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-14592 Filed 6-16-10; 8:45 am]
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