Petitions for Modification, 70350-70351 [E7-23933]

Download as PDF 70350 Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Notices pwalker on PROD1PC71 with NOTICES continue to satisfy the requirements needed to obtain the certification or qualification, fulfill any applicable retraining requirements, and remained employed at the same mine or by the same independent contractor. Applications for Secretarial qualification or certification are submitted to the MSHA Qualification and Certification Unit in Denver, Colorado. Form 5000–41 provides the coal mining industry with a standardized reporting format that expedited the certification and qualification process while ensuring compliance with the regulations. MSHA uses the form’s information to determine if applicants satisfy the requirements to obtain the certification or qualification sought. Persons must meet certain minimum experience requirements depending on the type of certification or qualification. Sections 75.155 and 77.105 of Title 30 of the CFR explain the qualifications to be a qualified hoisting engineer or a qualified hoist man on a slope or shaft sinking operation. Sections 75.100 and 77.100 pertain to the certification of certain persons to perform specific examinations and tests. Under §§ 75.160, 75.161, 77.107 and 77.107–1, the mine operator must have an approved training plan developed to train and retrain the qualified and certified people to effectively perform their tasks. Sections 75.159 and 77.106 requires the operator of a mine to maintain a list of all certified and qualified persons designated to perform certain duties, which require specialized expertise at underground and surface coal mines, i.e., conduct test for methane and oxygen deficiency, conduct tests of air flow, perform electrical work, repair energized surface high-voltage lines, and perform duties of hoisting engineer. The recorded information is necessary to ensure that only persons who are properly trained and have the required number of years of experience are permitted to perform these duties. MSHA does not specify a format for the recordkeeping; however, it normally consists of the names of the certified and qualified person listed in two columns on a sheet of paper. One column is for certified persons and the other is for qualified persons. II. Desired Focus of Comments Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the proposed extension of the information collection requirement related to the Qualification/ Certification Program and Man Hoist Operators Physical Fitness. MSHA is VerDate Aug<31>2005 19:12 Dec 10, 2007 Jkt 214001 particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. A copy of the proposed information collection request can be obtained by contacting the employee listed in the ADDRESSES section of this notice or viewed on the internet by accessing the MSHA home page (http:// www.msha.gov/) and selecting ‘‘Rules and Regs’’, and then selecting ‘‘Fed Reg Docs.’’ III. Current Actions This request for collection of information contains provisions whereby persons may be temporarily qualified or certified to perform tests and examinations requiring specialized expertise related to inner safety and health at coal mines. Type of Review: Extension. Agency: Mine Safety and Health Administration. Title: Qualification/Certification Program and Man Hoist Operators Physical Fitness. OMB Number: 1219–0127. Frequency: Quarterly and on occasion. Affected Public: Business or other forprofit. Number of Respondents: 1,721. Recordkeeping: One year. Total Burden Hours: 15,355. Total Burden Cost (operating/ maintaining): $8,047. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Dated at Arlington, Virginia, this 6th day of December, 2007. David L. Meyer, Director, Office of Administration and Management. [FR Doc. E7–23942 Filed 12–10–07; 8:45 am] BILLING CODE 4510–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification Mine Safety and Health Administration, Labor. ACTION: Notice of petitions for modification of existing mandatory safety standards. AGENCY: 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. All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before January 10, 2008. ADDRESSES: You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. Electronic mail: StandardsPetitions@dol.gov. 2. Facsimile: 1–202–693–9441. 3. Regular Mail: MSHA, Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, 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 2349, Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, Office of Standards, Regulations, and Variances. We 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. DATES: E:\FR\FM\11DEN1.SGM 11DEN1 Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Notices FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory Development Division at 202–693–9444 (Voice), sexauer.edward@dol.gov (Email), or 202–693–9441 (Telefax), or contact Barbara Barron at 202–693–9447 (Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: pwalker on PROD1PC71 with NOTICES 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–2007–066–C. Petitioner: Knight Hawk Coal, LLC, 501 Barwick Road, Elkville, Illinois 62932. Mine: Royal Falcon Mine, MSHA I.D. No. 11–03162, located in Jackson County, Illinois 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 to increase the maximum length of cables supplying power to permissible equipment used 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) 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 AWG; (4) all circuit breakers used to protect 2/0 trailing cables exceeding 850 feet in length will have instantaneous VerDate Aug<31>2005 19:12 Dec 10, 2007 Jkt 214001 trip units calibrated to trip at 1,500 amperes and the trip setting will be sealed or locked and will have permanent legible permanent labels that will be maintained as legible to identify the circuit breaker as being suitable for protecting 2/0 cables; (5) replacement instantaneous trip units, used to protect 2/0 trailing cables, will be calibrated to trip at 1,500 amperes and the setting will be sealed or locked; (6) all circuit breakers used to protect #2 AWG trailing cables exceeding 700 feet in length will have instantaneous trip units calibrated to trip at 800 amperes, the trip setting will be sealed or locked, and the circuit breakers will have permanent legible labels that will be maintained as legible to identify the circuit breakers as being suitable for protecting #2 AWG cables; (7) replacement instantaneous trip units used to protect #2 AWG trailing cables will be calibrated to trip at 800 amperes and the setting will be sealed or locked; (8) the designated operator will visually examine the trailing cables during each production day to ensure that the cables are operating safely and the instantaneous settings of the calibrated breakers do not have seals or locks removed and do not exceed the stipulated settings; and (9) any trailing cable that is not in safe operating condition will be removed from service immediately and repaired or replaced. Persons may review a complete description of petitioner’s alternative method and procedures at the MSHA address listed in the notice. The petitioner states that the alternative method will not be implemented until miners designated to examine the integrity of the seals or locks verify the short-circuit settings, and proper procedures training has been provided for examining trailing cables for defects and damage. The petitioner further states that the miners will be trained in the terms and conditions of the Proposed Decision and Order, and within 60 days the petitioner will submit revisions of its Part 48 training plan to the District Manager that includes task training to comply with the final order. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection to the miners. Docket Number: M–2007–067–C. Petitioner: Mach Mining, LLC, P.O. Box 300, Johnson City, Illinois 62951. Mine: Mach No. 1 Mine, MSHA I.D. No. 11–03141 located in Williamson County, Illinois. Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). Modification Request: The petitioner requests a modification of the existing PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 70351 standard to permit, through the use of alternative safety measures, the mining through or intersecting of certain oil and gas wells located within the projected workings of its No. 1 Mine to recover significant and valuable coal resources in an area of the mine penetrated by several abandoned oil and gas wells. The petitioner asserts that the proposed alternative method would provide the same measure of protection afforded the miners by application of the existing standard. Docket Number: M–2007–068–C. Petitioner: KenAmerican Resources, Inc., 7590 State Route 181, Central City, Kentucky 42330. Mine: Paradise Mine, MSHA I.D. No. 15–17741 located in Muhlenberg County, Kentucky. Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination). Modification Request: The petitioner requests a modification of the existing standard to permit a measuring point location to be established in the Main East Parallel return at crosscut #13 (MPL#ME–01) and in the Main North Parallel return at crosscut #169 (MPL#MN–02). The petitioner states that due to deteriorating roof conditions in these affected areas of the mine it is not desirable for normal travel for inspections and examinations. The petitioner asserts that the alternative method would at all times guarantee the same measure of protection as the existing standard. Dated: November 30, 2007. Jack Powasnik, Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E7–23933 Filed 12–10–07; 8:45 am] BILLING CODE 4510–43–P FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Senior Executive Service Performance Review Board (PRB) Federal Mine Safety and Health Review Commission. ACTION: Notice of Members of the Federal Mine Safety and Health Review Commission combined Performance Review Board (PRB). AGENCY: SUMMARY: Pursuant to 5 U.S.C. 4314(c)(4), this notice announces the appointment of members of the combined PRB for the Federal Mine Safety and Health Review Commission. The Board reviews the performance appraisals of career and non-career senior executives. The Board makes recommendations regarding proposed E:\FR\FM\11DEN1.SGM 11DEN1

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[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70350-70351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23933]


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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.

-----------------------------------------------------------------------

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 January 10, 2008.

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 2349, 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 2349, 
Arlington, Virginia 22209, Attention: Patricia W. Silvey, Director, 
Office of Standards, Regulations, and Variances.
    We 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.

[[Page 70351]]


FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory 
Development Division at 202-693-9444 (Voice), sexauer.edward@dol.gov 
(E-mail), or 202-693-9441 (Telefax), or contact Barbara Barron 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-2007-066-C.
    Petitioner: Knight Hawk Coal, LLC, 501 Barwick Road, Elkville, 
Illinois 62932.
    Mine: Royal Falcon Mine, MSHA I.D. No. 11-03162, located in Jackson 
County, Illinois
    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 to increase the maximum length of cables supplying 
power to permissible equipment used 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) 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 AWG; (4) all circuit 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 and the 
trip setting will be sealed or locked and will have permanent legible 
permanent labels that will be maintained as legible to identify the 
circuit breaker as being suitable for protecting 2/0 cables; (5) 
replacement instantaneous trip units, used to protect 2/0 trailing 
cables, will be calibrated to trip at 1,500 amperes and the setting 
will be sealed or locked; (6) all circuit breakers used to protect 
2 AWG trailing cables exceeding 700 feet in length will have 
instantaneous trip units calibrated to trip at 800 amperes, the trip 
setting will be sealed or locked, and the circuit breakers will have 
permanent legible labels that will be maintained as legible to identify 
the circuit breakers as being suitable for protecting 2 AWG 
cables; (7) replacement instantaneous trip units used to protect 
2 AWG trailing cables will be calibrated to trip at 800 
amperes and the setting will be sealed or locked; (8) the designated 
operator will visually examine the trailing cables during each 
production day to ensure that the cables are operating safely and the 
instantaneous settings of the calibrated breakers do not have seals or 
locks removed and do not exceed the stipulated settings; and (9) any 
trailing cable that is not in safe operating condition will be removed 
from service immediately and repaired or replaced. Persons may review a 
complete description of petitioner's alternative method and procedures 
at the MSHA address listed in the notice. The petitioner states that 
the alternative method will not be implemented until miners designated 
to examine the integrity of the seals or locks verify the short-circuit 
settings, and proper procedures training has been provided for 
examining trailing cables for defects and damage. The petitioner 
further states that the miners will be trained in the terms and 
conditions of the Proposed Decision and Order, and within 60 days the 
petitioner will submit revisions of its Part 48 training plan to the 
District Manager that includes task training to comply with the final 
order. The petitioner asserts that the proposed alternative method will 
at all times guarantee no less than the same measure of protection to 
the miners.
    Docket Number: M-2007-067-C.
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnson City, Illinois 
62951.
    Mine: Mach No. 1 Mine, MSHA I.D. No. 11-03141 located in Williamson 
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, through the use of alternative safety 
measures, the mining through or intersecting of certain oil and gas 
wells located within the projected workings of its No. 1 Mine to 
recover significant and valuable coal resources in an area of the mine 
penetrated by several abandoned oil and gas wells. The petitioner 
asserts that the proposed alternative method would provide the same 
measure of protection afforded the miners by application of the 
existing standard.
    Docket Number: M-2007-068-C.
    Petitioner: KenAmerican Resources, Inc., 7590 State Route 181, 
Central City, Kentucky 42330.
    Mine: Paradise Mine, MSHA I.D. No. 15-17741 located in Muhlenberg 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit a measuring point location to be 
established in the Main East Parallel return at crosscut 13 
(MPLME-01) and in the Main North Parallel return at crosscut 
169 (MPLMN-02). The petitioner states that due to 
deteriorating roof conditions in these affected areas of the mine it is 
not desirable for normal travel for inspections and examinations. The 
petitioner asserts that the alternative method would at all times 
guarantee the same measure of protection as the existing standard.

    Dated: November 30, 2007.
Jack Powasnik,
Deputy Director, Office of Standards, Regulations, and Variances.
 [FR Doc. E7-23933 Filed 12-10-07; 8:45 am]
BILLING CODE 4510-43-P