[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Notices]
[Pages 41529-41530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17323]
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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 August 16, 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.
[[Page 41530]]
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 Number: M-2010-029-C.
Petitioner: Left Fork Mining Company, Inc., P.O. Box 405, Arjay,
Kentucky 40902.
Mine: Straight Creek No. 1 Mine, MSHA I.D. No. 15-12564, located in
Bell 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 petitioner
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 mine. 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 pumps will be 2800 feet; (3) the 480-volt power for
permissible pump trailing cables will not be smaller than 10
American Wire Gauge (AWG); (4) 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 to one setting above the motor inrush trip point. This setting
will also be sealed or locked; (4) replacement of 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 will 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 future pump installations with excessive cable lengths will have a
short-circuit survey conducted and items 1-6 will be implemented. A
copy of each pumps short-circuit survey will be available at the mine
site for inspection. 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 Number: M-2010-030-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Beaver Valley Mine, MSHA I.D. No. 36-08725, located in Beaver
County, Pennsylvania, and Cherry Tree Mine, MSHA I.D. No. 36-09224,
located in Indiana County, Pennsylvania.
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 removed from the
full cone, corrosion resistant open nozzles used on the deluge-type
water spray systems. The petitioner states that: (1) Once every 7 days,
a person trained in the testing procedures specific to the water
deluge-type fire suppression systems utilized at each belt drive will:
(a) Conduct a visual examination of each of the water deluge-type fire
suppression systems; (b) conduct a function test of the water deluge-
type fire suppression systems by actuating the system and observing its
performance; and (c) record the results of the examination and
functional test, and record any malfunction or clogged nozzle detected
in a book maintained on the surface for that purpose. The record will
be made available to the authorized representative of the Secretary and
retained at the mine for one year; (2) any malfunction or clogged
nozzle detected as a result of the weekly examination or functional
test will be corrected immediately; (3) the procedure used to perform
the functional test will be posted at or near each belt drive that
utilizes a water deluge-type fire suppression system; and (4) within 60
days after the Proposed Decision and Order becomes final, the
petitioner will submit proposed revisions for its approved 30 CFR Part
48 training plan to the District Manager. These proposed revisions will
specify the procedure used to conduct the weekly functional test and
initial and refresher training regarding the conditions specified by
the Proposed Decision and Order. The petitioner further states that the
procedures specified in 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 guarantee the miners no less
than the same measure of protection afforded the miners by such
standard with no diminution of safety.
Dated: July 12, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-17323 Filed 7-15-10; 8:45 am]
BILLING CODE 4510-43-P