Federal Register: November 19, 2008 (Volume 73, Number 224)
DOCID: fr19no08-117 FR Doc E8-27406
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCID: fr19no08-117
DOCUMENT ACTION: Notice of petitions for modification of existing mandatory safety standards.
SUBJECT CATEGORY:
Petitions for Modification
DATES: All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before December 19, 2008.
DOCUMENT 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.
SUMMARY:
Mandatory Safety Standards; Petitions for Modification,
SUPPLEMENTAL 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: M2008047C.
Petitioner: Knight Hawk Coal, LLC, 7290 County Line Road, Cutler, Illinois 62238.
Mine: Prairie Eagle Underground Mine, MSHA I.D. No. 1103147, located in Perry County, Illinois.
Regulation Affected: 30 CFR 75.11011(b) (Delugetype water spray systems).
Modification Request: The petitioner requests a modification of the
existing standard which requires that nozzles attached to the branch
lines be full cone, corrosion resistant and provided with blowoff dust
covers. The petitioner proposes an alternative method for delugetype
water spray systems installed at belt conveyor drives conditioned upon
compliance with the following terms and guidelines: (1) A person
trained in the testing procedures specific to the delugetype water
spray fire suppression systems utilized at each belt drive will once
weekly: (a) Conduct a visual examination of each of the delugetype
water spray fire suppression systems; (b) conduct a functional test of
the delugetype water spray fire suppression systems and observe its
performance; and (c) record the results of the examination and
functional test in a book maintained on the surface for that purpose.
The petitioner states that: (1) Any malfunction or clogged nozzle
detected as a result of the weekly examination or functional test will
be corrected; (2) within sixty days after the Proposed Decision and
Order becomes final, proposed revisions for part 48 training plans will
be submitted to the District Manager for the area in which the mine is
located. The provisions 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 asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection to all miners as would be provided by the existing standard.
Docket Number: M2008048C.
Petitioner: Mountain Edge Mining, Inc., P.O. Box 2226, Beckley, West Virginia 258022226.
Mine: Coalburg No. 1 Mine, MSHA I.D. No. 4609082, located in Boone County, West Virginia.
Regulation Affected: 30 CFR 75.1002 (Installation of electric equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of highvoltage (2,400volt)
continuous mining machines and associated cables. The petitioner states
that: (1) The portable transformer that supplies power to the 995volt
tramming motors, essential hydraulic pump motors, and control circuitry
on the continuous miner when the miner is trammed into, out of, or
around the mine, will not be used to backfeed the 2,400volt circuits
on the continuous miner. The portable transformer used to power the
continuous miner for tramming will not be moved when energized; (2) the
nominal voltage of power circuits will not exceed 2,400 volts; (3) the
nominal voltage of control circuits will not exceed 120 volts; (4) the groundfault current will be limited by a neutral
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grounding resistor to not more than 0.5 ampere and if problems are
detected, the neutral grounding resistor may be adjusted to limit the
groundfault current to not more than 1.0 ampere; (5) the 1.0 ampere
setting cannot be implemented until MSHA inspects the neutral grounding
resistor and determines that the neutral grounding resistor and all
groundfault relays are properly adjusted to protect the highvoltage
trailing cable; (6) current transformers used for the groundfault
protection will be the singlewindow type and will be installed to
encircle all threephase conductors; (7) highvoltage circuits will be
protected against shortcircuits, overloads, ground faults and under
voltage by a circuitinterrupting device of adequate interrupting
capacity; and (8) within sixty days after the Proposed Decision and
Order becomes final, proposed revisions for part 48 training plans will
be submitted to the District Manager for the area in which the mine is
located. These proposed revisions will include, but are not limited to,
task training, hazard training, specialized training for qualified
persons, and annual refresher training. The petitioner has listed
additional procedures in this petition that will be used when the
proposed alternative method is implemented. Persons may review a
complete description of the procedures and training requirements 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 afforded the miners as the existing standard.
Docket Number: M2008003M.
Petitioner: Zeigler Chemical & Mineral Corp., 366 North Broadway, Suite 210, Jericho, New York.
Mine: Little Bonanza Mines and Mills, MSHA I.D. No. 4200876,
Harrison Mine, MSHA I.D. No. 4202484, and the Neal
Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue teams).
Modification Request: The petitioner requests a modification of the
existing standard for its gilsonite mines to permit the use of two mine
rescue teams with three members and one alternate for each team. The
petitioner states that: (1) The underground mine is a small mine and
there is hardly enough physical room to accommodate more than three or
four miners in the working places; (2) an attempt to utilize five or
more rescue team members in the mine's confined working places would
result in a diminution of safety to both the miners at the mine and
members of the rescue team; (3) no electric power is used in the mines
other than battery operated hard hat lights; and (4) all work below
ground is done by hand using compressed air which is fed from above
ground. The petitioner asserts that a decision in their favor will in
no way provide less than the same measure of protection afforded the miners under the existing standard.
Dated: November 13, 2008.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E827406 Filed 111808; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Barbara Barron, Office of Standards, Regulations, and Variances at 2026939447 (Voice),
barron.barbara@dol.gov (Email), or 2026939441 (Telefax). [These are
not tollfree numbers.]