Federal Register: January 26, 2009 (Volume 74, Number 15)
DOCID: fr26ja09-111 FR Doc E9-1480
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCID: fr26ja09-111
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 February 25, 2009.
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:
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 Sec. Sec. 44.10 and 44.11 establish the
requirements and procedures for filing petitions for modification. II. Petitions for Modification
Docket Number: M2008054C.
Petitioner: Parkwood Resources, Inc., 511 Railroad Avenue, Homer City, Pennsylvania 15748.
Mine: Cherry Tree Mine, MSHA I.D. No. 36090224, located in Clearfield County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to use
batterypowered nonpermissible surveying equipment, including, but not
limited to, portable battery operated mine transits, total station
surveying equipment, distance meters, and laptop computers, in or inby
the last open crosscut. The petitioner proposes to: (1) Use non
permissible electronic surveying equipment in or inby the last open
crosscut and examine the equipment prior to use to ensure that the
equipment is in safe operating condition; (2) have a qualified person
examine the equipment at intervals not to exceed 7 days and record the
examination results in the weekly electrical equipment examination
book. The examination will include: (i) Checking the instrument for any
physical damage and the integrity of the case; (ii) removing the
battery and inspecting for corrosion; (iii) inspecting the contact
points to ensure a secure connection to the battery; (iv) reinserting
the battery and powering up and shutting down to ensure proper
connections; and (v) checking the battery compartment cover to ensure
that it is securely fastened. In addition, the operator will also (1)
have a qualified person continuously monitor for methane immediately
before and during the use of nonpermissible surveying equipment in or
inby the last open crosscut or in the return; (2) eliminate the use of
nonpermissible surveying equipment if methane is detected in
concentrations at or above 1.0 percent methane; (3) deenergize the
equipment immediately and withdraw the equipment outby the last open
crosscut when 1.0 percent or more of methane is detected while in use;
(4) eliminate the use of nonpermissible surveying equipment where float coal
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dust is in suspension; (5) charge or change batteries contained in the
surveying equipment in fresh air outby the last open crosscut; (6)
provide training to qualified personnel who use the equipment to
properly recognize the hazards and limitations associated with use of
the equipment; (7) put the nonpermissible surveying equipment into
service only after MSHA has initially inspected the equipment and
determined that it is in compliance with all of the terms and
conditions of this petition; and (8) submit proposed revisions for the
part 48 training plan to the District Manager, which will include
specified initial and refresher training regarding the terms and
conditions stated in the proposed decision and order. The petitioner
asserts that application of the existing standard would result in a
diminution of safety to the miners and the proposed alternative method
would at all times guarantee no less than the same measure of protection afforded by the existing standard.
Docket Number: M2008055C.
Petitioner: Parkwood Resources, Inc., 511 Railroad Avenue, Homer City, Pennsylvania 15748.
Mine: Cherry Tree Mine, MSHA I.D. No. 3609224, located in Clearfield County, Pennsylvania.
Regulation Affected: 30 CFR 75.5071(a) (Electric equipment other than powerconnection points; outby the last open crosscut; return air; permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of batterypowered nonpermissible surveying equipment
in return airways. The petitioner proposes to: (1) Use nonpermissible
electronic surveying equipment to be used in or inby the last open
crosscut and examine the equipment prior to use to ensure that the
equipment is in safe operating condition; (2) have a qualified person
examine the equipment at intervals not to exceed 7 days and record the
examination results in the weekly electrical equipment examination
book. The examination will include: (i) Checking the instrument for any
physical damage and the integrity of the case; (ii) removing the
battery and inspecting for corrosion; (iii) inspecting the contact
points to ensure a secure connection to the battery; (iv) reinserting
the battery and powering up and shutting down to ensure proper
connections: and (v) checking the battery compartment cover to ensure
that it is securely fastened. In addition, the operator will also: (1)
Have a qualified person continuously monitor for methane immediately
before and during the use of nonpermissible surveying equipment in or
inby the last open crosscut or in the return; (2) eliminate the use of
nonpermissible surveying equipment if methane is detected in
concentrations at or above 1.0 percent methane; (3) deenergize the
equipment immediately and withdraw the equipment outby the last open
crosscut when 1.0 percent or more of methane is detected while the
equipment is in use; (4) eliminate the use of nonpermissible surveying
equipment where float coal dust is in suspension; (5) charge or change
batteries contained in the surveying equipment in fresh air outby the
last open crosscut; (6) provide training to qualified personnel who use
the surveying equipment to properly recognize the hazards and
limitations associated with the use of the equipment; (7) put the non
permissible surveying equipment in to service only after MSHA has
initially inspected the equipment and determined that it is in
compliance with all of the terms and conditions of this petition; and
(8) submit proposed revisions for the part 48 training plan to the
District Manager, which will include specified initial and refresher
training regarding the terms and conditions stated in the Proposed
Decision and Order. The petitioner asserts that application of the
existing standard would result in a diminution of safety to the miners
and the proposed alternative method would at all times guarantee no
less than the same measure of protection afforded by the existing standard.
Docket Number: M2008056C.
Petitioner: Midland Trail Energy, LLC, 42 Rensford Star Route, Charleston, West Virginia 25306.
Mine: Blue Creek
Regulation Affected: 30 CFR 75.900 (Low and Mediumvoltage circuits serving threephase alternating current equipment; circuit breakers).
Modification Request: The petitioner requests a modification of the
existing standard to permit the circuit breaker to be used in series
with a contactor. The petitioner proposes to use the circuit breaker
for short circuit protection while the contactor may be equipped to
provide undervoltage, grounded phase protection, overload protection
and other protective functions normally provided by the circuit
breaker. The petitioner states that this would allow the use of
contactors to provide undervoltage, grounded phase, overload, and
monitor the grounding conductors for low and mediumvoltage power
circuits serving threephase alternating current equipment located in
the mine, conditioned upon compliance with the following terms and
conditions: (1) The nominal voltage of the power circuit(s) will not
exceed 995 volts; (2) the nominal voltage of the control circuit(s) and
audible alarm units will not exceed 120 volts; (3) contactors will be
built into the same enclosure as the circuit breakers; (4) contactors
with associated protective relays will provide undervoltage protection
for low and mediumvoltage circuits serving threephase alternating
current equipment; (5) the voltage rating of the contactor(s) will be
at least the maximum rms voltage of the circuit being protected, and
the continuous current rating of the contactor(s) will be at least the
full load current of the utilization equipment; (6) each circuit
breaker installed in conjunction with a contactor will be equipped with
devices to provide shortcircuit protection for each piece of
equipment; (7) a monthly exam will be conducted on each circuit to
assure proper operation of the contactor; (8) the monthly exam will
include activating undervoltage, grounded phase and ground monitor trip
devices to test proper operation and results of the tests of the
contactors will be recorded with the required monthly tests of the
circuit breakers; (9) prior to each remote startup of a circuit or a
group of circuits, an audible alarm at each affected contactor or
affected area, will be activated for at least 10 seconds; (10) circuits
will be wired so that contactors can only be closed remotely when
undervoltage or loss of voltage condition no longer exists, and all
other conditions that cause the contactor to open will require a manual
reset at the contactor; and (11) circuits providing power to portable
or mobile equipment will not be designed to be remotely started; and
circuits providing power to mobile equipment will not be configured to
be remotely reset. The petitioner further states that the alternative
method would not be implemented until all qualified persons who perform
work on the equipment and circuits have received training in safe
maintenance procedures, and in the terms and conditions of the Proposed
Decision and Order. 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 assure a greater
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measure of protection to the miners than would be provided by the existing standard.
Docket Number: M2008057C.
Petitioner: Midland Trail Energy, LLC, 42 Rensford Star Route, Charleston, West Virginia 25306.
Mine: Blue Creek
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 Joy 12CM27 continuous miners
which operate at 2,400 volts and offer the following general safety
advantages over lowvoltage continuous miners: (a) Excessive voltage
regulation can result in motor overheating, inadequate motor torque,
and excessive wear and tear which can in turn reduce the efficiency and
safety of the continuous miner; and (b) safety is diminished as the
limits of the available interrupting ratings of circuit breakers at
1,000 volts are encountered. The petitioner's petition addresses:
voltage limitation of power circuits; voltage limitation of control
circuits; groundfault protection; circuit testing; shortcircuit
protection; undervoltage protection; guarding of highvoltage trailing
cables; design of highvoltage trailing cables; and repairs to high
voltage trailing cables. 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 afforded affected persons by the 1,000volt limit imposed under 30 CFR 75.2 and 30 CFR 75.1002.
Docket Number: M2008058C.
Petitioner: Timber Coal Company, Inc., P.O. Box 188, Sacramento, Pennsylvania 17968.
Mine: Genie Stripping Operation, MSHA I.D. No. 3609098, located in Schuylkill County, Pennsylvania.
Regulation Affected: 30 CFR 77.1200(c) (Mine map).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of crosssections in lieu of
contour lines at regular intervals through the area to be mined. The
petitioner states that: (1) Due to the steep pitch encountered in
mining anthracite coal veins, contours provide no useful information
and their presence would make portions of the map illegible; (2) use of
crosssections in lieu of contour lines has been practiced since the
late 1800's thereby providing critical information relative to the
spacing between veins and proximity to other mine workings which
fluctuate considerably; and (3) the vast majority of current surface
anthracite mining involves either the mining of remnant pillars from
previous mining/mine operators or the mining of veins of lower quality
in proximity to inaccessible and frequently flooded abandoned mine
workings which may or may not be mapped. The petitioner asserts that
the proposed alternative method will in no way provide less than the
same measure of protection than that afforded the miners under the existing standard.
Docket Number: M2008006M.
Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road 85, Green River, Wyoming 82935.
Mine: Solvay ChemicalsTrona Underground Mine, MSHA I.D. No. 48 01295, located in Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III mines)).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of certain nonpermissible tools or
their equivalent in or beyond the last open crosscut. The petitioner
states that: (1) Specifically these tools are CMXA 51IS Intrinsically
Safe (IS) Portable Data Collector/FFT Analyzer; (2) methane levels
would be continuously monitored during data collection use by the
longwall continuous methane monitors located at the shear, headgate,
and tailgate; (3) the continuous methane monitors alarm at 1% methane
and deenergize the longwall mining machine at 1.5% methane; (4)
methane levels will also be monitored by an appropriate continuous
monitoring unit carried by the operator; and (5) methane levels would
be measured within 6 inches of the CMXA 51IS immediately prior to its
use. The petitioner asserts that the proposed alternative method would
guarantee the miners no less than the same measure of protection given to them by the existing standard.
Dated: January 16, 2009.
Patricia W. Silvey,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. E91480 Filed 12309; 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.]