[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Pages 22152-22154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9193]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application 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 May 20, 2011.

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]. 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: Roslyn B. Fontaine, Acting 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: Roslyn B. Fontaine, Acting 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

[[Page 22153]]

44.10 and 44.11 establish the requirements and procedures for filing 
petitions for modification.

II. Petitions for Modification

    Docket Number: M-2011-004-C, M-2011-005-C, and M-2011-006-C.
    Petitioner: Amfire Mining Company, LLC, One Energy Place, Latrobe, 
Pennsylvania 15650.
    Mine: Barrett Mine, MSHA I.D. No. 36-09342, Gillhouser Mine, MSHA 
I.D. No. 36-09033, Nolo Mine, MSHA I.D. No. 36-08850.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of extended trailing cables on 
Mobile Bridge Conveyors, Dual Boom Roof Bolters, Continuous Miners, and 
Shuttle Cars. The petitioner states that these petitions will apply to: 
(1) Trailing cables that supply 995-Volt 3 Phase AC current to 
Continuous Miners and Mobile Bridge Conveyors; and (2) trailing cables 
which supply 480-volt 3 phase AC current to Roof Bolters and Shuttle 
Cars. The cables will have a 90 degree insulation rating. Additionally, 
the petitioner states that: (1) The extended length of trailing cables 
used on Shuttle Cars and Roof Bolters will be 3 conductor round cable, 
type G-GC, type G or type G & GC. When a type G-GC or type G & GC round 
cable is used with wireless ground wire monitoring, the ground check 
conductor will be connected as a ground conductor; (2) the maximum 
cable length of the Miner, Mobile Bridge Conveyor, Roof Bolters and 
Shuttle Cars will not exceed 1000 feet. The trailing cable for the 
Miner will not be smaller than 2/0 American Wire Gauge (AWG). 
The trailing cable for the Roof Bolter and Shuttle Car will not be 
smaller than a 4 AWG, and the trailing cable for the haulage 
unit will not be smaller than a 2 AWG; (3) all circuit 
breakers used to protect the 4 AWG trailing cables exceeding 
600 feet in length will have instantaneous trip units calibrated to 
trip at 500 amperes (AMPS). The trip settings of these breakers will 
either be sealed or the breaker trip units will not be larger than 500 
AMPS. The circuit breakers will have permanent legible labels attached. 
The label will identify the circuit breakers as being suitable for 
protecting 4 AWG cables; (4) replacement breakers and/or 
instantaneous trip units used to protect 4 AWG cables will be 
calibrated to trip at 500 AMPS and this setting will be sealed or trip 
units will not be larger than 500 AMPS; (5) all circuit breakers used 
to protect 2 AWG cables exceeding 700 feet in length will have 
instantaneous trip units calibrated to trip at 800 AMPS. The trip 
settings of these circuit breakers will be sealed and will have 
permanent legible labels. The label will identify the circuit breakers 
as being suitable for protecting 2 AWG cables; (6) replacement 
circuit breakers and/or instantaneous trip units used to protect 
2 AWG trailing cables will be calibrated to trip at 800 AMPS 
and this setting will be sealed; (7) all circuit breakers used to 
protect 2/0 AWG trailing cables exceeding 850 feet in length 
will have instantaneous trip units calibrated to trip at 1500 AMPS. The 
trip setting of these circuit breakers will be sealed, or the maximum 
available setting on the trip units will not be greater than 1500 AMPS. 
These circuit breakers will have permanent legible labels. The label 
will identify the circuit breaker as being suitable for protecting 
2/0 AWG cables; (8) replacement breakers and/or instantaneous 
trip units used to protect 2/0 AWG trailing cables will be 
calibrated to trip at 1500 AMPS and this setting will be sealed or 
maximum size of the trip unit will be 1500 AMPS; (9) all components 
that provide short circuit protection will have a sufficient 
interruption rating in accordance with maximum calculated fault 
currents available; (10) during each production day, persons designated 
by the operator will visually examine the trailing cables to ensure the 
cables are in safe operating condition and that the instantaneous 
settings of the specially calibrated breakers do not have seals removed 
or tampered with and they do not exceed 500, 800 or 1500 AMPS 
respectively; (11) any trailing cable that is not in a safe operating 
condition will be removed from service immediately and repaired or 
replaced; (12) each splice or repair in the trailing cables to the 
Miner, Mobile Bridge Conveyor, Roof Bolter or shuttle car 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 75.604 requirements; (13) permanent 
warning labels will be installed and maintained on the cover or covers 
of the power center identifying the location of each sealed short 
circuit protective drive. The labels will warn miners not to change or 
alter these sealed short circuit settings; (14) 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 haulage roads and trailing cable storage areas are situated 
to minimize contact of the trailing cable with the Continuous Miner, 
Mobile Bridge Conveyor, Shuttle Cars and Roof Bolters. Trailing cables, 
anchors or cable real equipment will be of permanent type that 
minimizes the tensile forces on the trailing cables; (15) where the 
method of mining would require that trailing cables cross roadways or 
haulage ways, the cables will be securely supported from the mine roof 
or a substantial bridge for equipment to pass over the cables will be 
provided and used; (16) excess cable will be stored behind the anchor 
or anchors on equipment that uses cable reels to prevent the cables 
from overheating; (17) this change will not be implemented until this 
petition for modification is approved and all miners who will be 
responsible for examining the cables and associated electrical 
components have been trained on the contents and precautions included 
in the petition; and (18) proposed revisions for the approved Part 48 
training plan will be submitted to the District Manager for the areas 
for which the mines are located. The training will include: (a) The 
hazards of setting the short circuit interrupting device or devices too 
high to adequately protect the trailing cables; (b) how to verify that 
the circuit interrupting devices protecting the trailing cables are 
properly set and maintained; (c) mining methods and operating 
procedures that will protect the trailing cables from damage; (d) how 
to protect the trailing cables against damage caused by overheating 
cables due to excessive cable stored on reels and adjusting stored 
cable behind cable anchors as tramming distances change; and (e) proper 
procedures for examining the trailing cable to ensure the cables are in 
safe operating condition by a visual inspection of the entire cable, 
observing the insulation, the integrity of splices, nicks and 
abrasions. The petitioner further states that if regulations are 
subsequently promulgated that supersede the requirements of 30 CFR 
75.503 (18.35(a)(5)(i), the standard, unless it is determined by the 
Secretary or his representative after opportunity for input from the 
operator that the alternative method contained in the petition will at 
all times guarantee no less than the same measure of protection 
afforded the subsequent promulgated standard. The petitioner asserts 
that the proposed alternative method will provide for a level of safety 
equal to or greater than the statute in place.


[[Page 22154]]


    Dated: April 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-9193 Filed 4-19-11; 8:45 am]
BILLING CODE 4510-43-P