[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49536-49537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19944]
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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 September 13, 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 Number: M-2010-031-C.
Petitioner: D & C Mining Corporation, P.O. Box 148, Fries, Virginia
24330.
Mine: D & C Mining Corporation Mine, MSHA I.D. No. 15-18182,
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) and 30 CFR 18.35(a)(5)(i)(ii) (Portable
(trailing) cables and cords).
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
2100 feet; (3) the 480-volt power for permissible pump trailing cables
will not be smaller than 6 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-
[[Page 49537]]
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; (5) replacement instantaneous trip units, used to
protect pump trailing cables exceeding the length of item 4
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;
(6) 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; (7) 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; (8) the proposed alternative method will not be implemented
until miners who have been designated to examine the integrity of seals
or locks, verify the short-circuit settings, and proper procedures for
examining trailing cable for defects and damage have received training
in 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 safe operating condition; (c) training in
hazards of setting the instantaneous circuit breakers too high to
adequately protect the trailing cables, and (d) training in how to
verify the circuit interrupting device(s) protecting the trailing
cable(s) are properly set and maintained; and (9) within sixty days
after this petition is granted, proposed revisions for approved 30 CFR
part 48 training plans will be submitted to the District Manager for
the area in which the mine is located. 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 standards.
Docket Number: M-2010-032-C.
Petitioner: M-Class Mining Company, P.O. Box 227, Johnston City,
Illinois 62951.
Mine: MC No. 1 Mine, MSHA I.D. No. 11-03189, located in Franklin
County, Illinois.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard to permit cleaning out, preparing, plugging and
replugging of oil and gas wells utilizing the following terms and
conditions: 1. District Manager Approval; (a) a safety barrier of 300
feet in diameter (150 feet between any mined area and a well) will be
maintained around all oil and gas wells to include all active,
inactive, abandoned, shut-in, previously plugged wells, and water
injection wells, until approval to proceed with mining has been
obtained from the District Manager. After District Manager approval,
the mine operator will then mine within the safety barrier of the well,
subject to the terms and conditions of this petition. 2. Plugging, and
Replugging or Gas Wells; (1) the operator will completely clean out the
well from the surface to at least 200 feet below the base of the lowest
mineable coal seam, unless the District Manager requires cleaning to a
greater depth based on his judgment as to what is required due to the
geological strata or due to the pressure within the well (the operator
will provide the District Manager with all information it possesses
concerning the geologic nature of the strata and the pressure of the
well). The operator will remove all material from the entire diameter
of the well, wall to wall; (2) the operator will prepare down-hole logs
for each well. They will consist of a caliper survey and log(s)
suitable for determining the top, bottom, and thickness of all coal
seams and potential hydrocarbon producing strata and the location for a
bridge plug. In addition, a journal will be maintained describing the
depth and nature of each material encountered. The bit size and type
used to drill each portion of the hole; length and type of each
material used to plug the well; length of casing(s) removed, perforated
or ripped or left in place, any sections where casing was cut or
milled; and other pertinent information concerning cleaning and sealing
the well. Invoices, work-orders, and other records relating to all work
on the well will be maintained as part of this journal and provided to
MSHA upon request; (3) When cleaning out the well, the operator will
make a diligent effort to remove all of the casing in the well. If it
is not possible to remove all of the casing, the operator will take
appropriate steps to ensure that the annulus between the casing and
between the casings and the well walls are filled with expanding
(minimum 0.5% expansion upon setting) cement and contain no voids. The
casing will be cut or milled at all mineable coal seam levels if it
cannot be removed. Any casing that remains will be perforated or
ripped. If the operator, using a casing bond log, can demonstrate to
the satisfaction of the District Manager that all annuli in the well
are already adequately sealed with cement, the operator will not be
required to perforate or rip the casing for that particular well. When
multiple casing and tubing strings are present in the coal horizon, any
casing that remains will be ripped or perforated and filled with
expanding cement as indicated above. An acceptable casing bond log for
each casing and tubing string is needed if used in lieu of ripping or
perforating multiple strings. The petitioner has listed a complete list
of procedures that will be utilized when cleaning out, preparing,
plugging, and replugging oil or gas wells. Persons may review these
procedures at the MSHA address listed in this notice. The petitioner
states that: (1) Within 30 days after this petition becomes final,
revisions for the 30 CFR part 48 training plan will be submitted to the
District Manager. The proposed revisions will include initial and
refresher training regarding compliance with the terms and conditions
stated in this petition. All miners in the mine-through of a well will
be provided with training regarding the requirements of this petition
prior to mining within 150 feet of the next well to be mined through;
(2) the responsible person required by 30 CFR 75.1501 will be
responsible for well intersection emergencies. The well intersection
procedures will be reviewed by the responsible person prior to any
planned intersection; and (3) within 30 days after this petition
becomes final, the operator will submit proposed revisions for its
approved mine emergency evacuation and firefighting plan required by 30
CFR 75.1501. The operator will revise the plans to include the hazards
and evacuation procedures to be used for well intersections. All
underground miners will be trained in the revised plans within 30 days
of submittal of the revised evacuation plans. The petitioner asserts
that the proposed alternative method will at all times guarantee no
less than the same measure of protection afforded to the miners under
30 CFR 75.1700.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-19944 Filed 8-12-10; 8:45 am]
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