[Federal Register: December 31, 2008 (Volume 73, Number 251)]
[Notices]
[Page 80433-80436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de08-88]
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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.
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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
[[Page 80434]]
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 January 30, 2009.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: Standards-Petitions@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 modifications.
II. Petitions for Modification
Docket Number: M-2008-049-C.
Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler,
Illinois 62238.
Mine: Prairie Eagle SOUTH Underground Mine, MSHA I.D. No. 11-03205
located in Perry County, Illinois.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35(a)(5) (Portable trailing
cables and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit trailing cables supplying power to
permissible equipment to be increased to the maximum length for use in
continuous mining sections. The petitioner states that: (1) This
petition will only apply to trailing cables supplying three-phase, 995-
volt power to continuous mining machines and trailing cables supplying
three-phase, 480-volt power to roof bolters; (2) the maximum length of
the 995-volt continuous mining machine trailing cables will be 950 feet
and the maximum length of the 480-volt trailing cables for roof bolters
will be 900 feet; (3) the 995-volt continuous mining machine trailing
cables will not be smaller than 2/0 and the 480-volt trailing cables
for roof bolters will not be smaller than 2 American Wire
Gauge (AWG); (4) all circuits breakers used to protect 2/0 trailing
cables exceeding 850 feet in length will have instantaneous trip units
calibrated to trip at 1,500 amperes; (5) the trip settings of the
circuit breakers will be sealed or locked and will have permanent
legible labels; and (6) each label will identify the circuit breaker as
being suitable for protecting 2/0 cables and the label will be
maintained legible. Persons may review a complete description of
petitioner's alternative method and procedures at the MSHA address
listed in this notice. The petitioner asserts that the proposed
alternative method will at all times guarantee no less than the same
measure of protection to all miners at the Prairie Eagle SOUTH
Underground Mine as would be provided by the mandatory standard.
Docket Number: M-2008-050-C.
Petitioner: River View Coal, LLC, 835 St., Route 1179, Waverley,
Kentucky 42462.
Mine: River View, MSHA I.D. No. 15-03178, located in Union County,
Kentucky.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests an alternative method
of compliance for leaving barrier pillars around oil and gas wells. The
petitioner proposes to mine through oil and gas wells in all mineable
coalbeds. The petitioner states that: (1) 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 until approval to proceed with
mining has been obtained from the District Manager; (2) the minimum
safety barrier approved by the District Manager between any mined area
and a well will be 70 feet in diameter for an abandoned well, and 100
feet in diameter for an operational well based on the geological nature
of the strata and the functionality of the well as found in the mine
area; and (3) consummate to the well being located on the surface using
high resolution Global Positioning System (GPS), and being tied to the
underground traverse with accuracy no less than 1:30,000. Persons may
review a complete description of petitioner's alternative method and
procedures at the MSHA address listed in this notice. The petitioner
asserts that the proposed alternative method will provide a measure of
protection to all miners greater than that of the existing standard.
Docket Number: M-2008-051-C.
Petitioner: River View Coal, LLC, 835 St. Rt. 1179, Waverly,
Kentucky 42462.
Mine: River View Mine, MSHA I.D. No. 15-03178 located in Union
County, Kentucky.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and
cords).
Modification Request: The petitioner requests a modification of the
existing standard which requires the operator of each coal mine to
maintain in permissible condition all electric face equipment required
by 30 CFR 75.500, 75.501, and 75.504 to be permissible when taken into
or used inby the last open crosscut of any such mine. The petitioner
proposes to increase the maximum length of trailing cables supplying
power to permissible equipment used in continuous mining sections by
using the following methods: (1) The petition will apply only to
trailing cables supplying three-phase, 995-volt power to continuous
mining machines and to trailing cables supplying three-phase 480-volt
power to roof bolters; (2) the maximum length of the 995-volt
continuous mining machine trailing cables will be 950 feet and the
maximum length of the 480-volt trailing cables for roof bolters will be
[[Page 80435]]
900 feet; (3) the 995-volt continuous mining machine trailing cables
will not be smaller than 2/0 and the 480-volt trailing cables for roof
bolters will not be smaller than 2 American Wire Gauge (AWG);
(4) all circuits breakers used to protect 2/0 trailing cables exceeding
850 feet in length will have an instantaneous trip unit calibrated to
trip at 1,500 amperes; (5) the trip setting of the circuit breakers
will be sealed or locked and will have permanent legible labels; and
(6) each label will identify the circuit breaker as being suitable for
protecting 2/0 cables and the label will be maintained legible. Persons
may review a complete description of petitioner's alternative method
and procedures at the MSHA address listed in this notice. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection to all
miners at the River View Mine as would be provided by the existing
standard.
Docket Number: M-2008-052-C.
Petitioner: Consolidation Coal Company, 1000 CONSOL Energy Drive,
Canonsburg, Pennsylvania 15317.
Mine: Blacksville No. 2 Mine, MSHA I.D. No. 46-01968, located in
Monongalia County, West Virginia.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard that requires the operator to establish and maintain
barriers around its oil and gas wells. The petitioner proposes to seal
the Pittsburgh Coal Seam from the surrounding strata at the affected
wells by using technology developed through a successful well-plugging
program. The petitioner states that since the inception of the well-
plugging program, more than 550 previously abandoned oil and gas wells
have been effectively plugged and more than 475 gas and/or petroleum
wells have been successfully mined through or around. Persons may
review a complete description of petitioner's alternative method and
procedures at the MSHA address listed in this notice. The petitioner
asserts that the proposed alternative method will provide no less than
the same measure of protection to all miners at the Blacksville No. 2
Mine as would be provided by the existing standard.
Docket Number: M-2008-053-C.
Petitioner: Heidtman Mining, LLC, P.O. Box 312, 6451 Happy Valley
Road, Hartford, Arkansas 72938.
Mine: Sebastian County Coal Mine, MSHA I.D. No. 03-01736, located
in Sebastian County, Arkansas.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard that requires the operator to establish and maintain
barriers around its oil and gas wells that should not be less than 300
feet in diameter. The petitioner states that: (1) This petition is
based on the premise that reducing methane in a coal seam prior to
mining provides a better and safer environment for miners; (2) it sets
forth procedures whereby the petitioner and the miners will have all
the advantages of coal degasification procedures and be able to safely
approach and decommission each pinnate (drill hole) drilled for
degasification when such pinnate lies ahead of mining in progress; (3)
the essence of the procedures is to put the entire well system under
substantial negative pressure in advance of each intersection to
increase the flow of gas from the well, continue the increased level of
gas production under vacuum at essentially a constant level, and
continually monitor on the surface; (4) the procedure maintains the
negative pressure on the well system during the approach to, and
intersection with, the pinnate to provide significant safety
advantages; (5) the negative pressure will provide a further method of
diluting and carrying gas away from the face at the point of
intersection, and complements and enhances the gas removal effects of
ventilation that sweeps the face; (6) the negative pressure can also
serve to drain away a degree of gas concentrations that might otherwise
be liberated through latent feeders or bleeders in the seam; (7) the
monitoring will be conducted by trained CDX Gas, LLC observers who will
specifically look for a significant increase in oxygen, and maintain
open telephone communications with the mine to immediately notify the
mine of a change in the gas concentrations; (8) when readings on
surface monitoring equipment show that the well system under vacuum is
producing oxygen, this signals the introduction of mine atmosphere
entering the pinnate due to the vacuum effect at the point of
intersection; and (9) as soon as the intersection is detected, the mine
will be alerted by the surface observers via the open communications
line, mining will be brought to a halt in the affected entry and
procedures will be initiated to insert a plug to isolate and
decommission the intersection pinnate. The petitioner further states
that the procedures employed, including CDX Gas, LLC's role are set out
in the existing approved ventilation plan. Persons may review a
complete description of petitioner's alternative method and procedures
at the MSHA address listed in this notice. The petitioner asserts that
the alternative method set forth in this petition improves the overall
safety of the miners and fully addresses all concerns of the existing
standard.
Docket Number: M-2008-005-M.
Petitioner: Lafarge North America, Inc., 1801 California Street,
Suite 4900, Denver, Colorado 80202.
Mine: Davenport Plant Mine, MSHA I.D. No. 13-00125, located in
Scott County, Iowa.
Regulation Affected: 30 CFR 56.15005 (Safety belts and lines).
Modification Request: The petitioner requests an alternative method
of compliance of the existing standard which requires safety belts and
lines to be worn when persons work where there is a danger of falling
insofar as it applies to the barge unloading area at its Davenport
Cement Plant. The petitioner states that: (1) Because of the unique
nature of the layout of the barge unloading area and the operations
conducted there, construction of a structure necessary to allow for
proper fall protection would create serious additional hazards during
construction and would also create significant additional hazards
during operations; (2) the hazards associated with operations conducted
with proper protection against falls into water would result only in
hazards associated with prolonged stays in potential cold water; and
(3) the measures proposed would alleviate those hazards, resulting in a
workplace with safeguards additional to those already in place while
avoiding the creation of hazards associated with a fall protection
structure. The proposed measures are as follows: (a) New wider tires
will be substituted as bumpers to the dock, creating greater clearance
such that there will be no danger of anyone hitting the barge on the
way down or being crushed or injured by the movement of the barge
should they fall; (b) rope or chain ladders as well as ladder
attachment points will be installed and provided; (c) lifesaving rings
will be provided in the event of a man overboard; (d) water rescue
equipment will be maintained and ready for use in the dock area at all
times; and (e) each employee working near the water will receive
specialized hazard awareness training. The petitioner states that
permitting life jackets or belts pursuant to 30 CFR 56.15020 in
addition to the proposed measures will provide equal or greater
protection than requiring the use of a
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fall protection system. Persons may review a complete description of
petitioner's alternative method and procedures at the MSHA address
listed in this notice. The petitioner asserts that application of the
existing standard will result in a diminution of safety to the miners
and the proposed alternative method will at all times provide no less
than the same measure of protection afforded the miners of such mine by
such standard.
Dated: December 23, 2008.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E8-31121 Filed 12-30-08; 8:45 am]
BILLING CODE 4510-43-P