Petitions for Modification, 3253-3255 [2010-936]
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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Notices
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
Conclusion
After reconsideration, I affirm the
original notice of negative
determination of eligibility to apply for
worker adjustment assistance for
workers and former workers of Ford
Motor Company, Dearborn Truck Plant,
Dearborn, Michigan.
Signed at Washington, DC, this 8th day of
January 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. 2010–897 Filed 1–19–10; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–70,516]
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Lamb Assembly and Test, LLC,
Subsidiary of Mag Industrial
Automation Systems, Machesney Park,
IL; Notice of Negative Determination
Regarding Application for
Reconsideration
By application dated December 1,
2009, petitioners requested
administrative reconsideration of the
Department’s negative determination
regarding eligibility to apply for Trade
Adjustment Assistance (TAA),
applicable to workers and former
workers of the subject firm. The denial
notice was signed on October 22, 2009
and was published in the Federal
Register on December 11, 2009 (74 FR
65796).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts
not previously considered that the
determination complained of was
erroneous;
(2) If it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
Officer, a mis-interpretation of facts or
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of the law justified reconsideration of
the decision.
The initial investigation resulted in a
negative determination, based on the
finding that imports of automation
equipment and machine tools did not
contribute to worker separations at the
subject facility and there was no shift in
production from the subject firm to
foreign country during the period under
investigation. The ‘‘contributed
importantly’’ test is generally
demonstrated through a survey of the
workers’ firm’s declining customers.
The survey revealed no imports of
automation equipment and machine
tools by declining customers during the
relevant period. The subject firm did not
import automation equipment and
machine tools nor shift production to a
foreign country during the relevant
period.
The petitioner stated that workers of
the subject firm supplied transmission
assembly automation equipment to
companies which have been recently
certified eligible for TAA. The petitioner
provided a list of customers and alleged
that the workers of the subject firm
should be eligible for TAA as secondary
impacted workers under Section 222(c).
For the Department to issue a
secondary worker certification under
Section 222(c), to workers of a
secondary upstream supplier, the
subject firm must produce for a TAAcertified firm a component part of the
article that was the basis for the
customers’ certification and the certified
firm received certification of eligibility
for TAA as a primary impacted firm.
The Department has reviewed the list
of companies provided by the
petitioners. The alleged customers
manufacture aluminum transmissions,
cases, parts and automobile engines.
The subject firm does not act as an
upstream supplier, because automation
equipment and machine tools do not
form component parts of aluminum
transmissions, cases, parts and
automobile engines. Furthermore, the
customers to which the subject firm
allegedly supplied articles were not
certified as primary firms but were
certified for TAA on the basis of a
secondary impact. Thus the subject firm
workers are not eligible under
secondary impact.
The petitioner also stated that workers
of Lamb Technicon, a division of
Unova, Warren, Michigan and Lake
Orion, Michigan were previously
certified eligible for TAA. The petitioner
appears to allege that because the sister
companies of the subject firm were
certified eligible for TAA, the workers of
the subject firm should be also granted
a TAA certification.
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3253
The workers of the above mentioned
companies were certified eligible for
TAA under petition numbers TA–W–
40,267 and TA–W–40,267A in July
2002.
When assessing eligibility for TAA,
the Department exclusively considers
events during the relevant period (from
one year prior to the date of the
petition). Therefore, events occurring in
2002 are outside of the relevant period
and are not considered in this
investigation.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 7th day of
January 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. 2010–898 Filed 1–19–10; 8:45 am]
BILLING CODE 4510–FN–P
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.
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3254
Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Notices
pwalker on DSK8KYBLC1PROD with NOTICES
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before February 19, 2010.
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 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 modification.
II. Petitions for Modification
Docket Number: M–2009–059–C.
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Jkt 220001
Petitioner: McClane Canyon Mining,
P.O. Box 98, Loma, Colorado 81524.
Mine: McClane Canyon Mine, MSHA
I.D. No. 05–03013, located in Garfield
County, Colorado.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray systems).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance in lieu of using
blow-off dust covers for nozzles of a
deluge-type water spray system. The
petitioner states that: (A) A person
trained in testing procedures specific to
the deluge-type water spray fire
suppression systems utilized at each
belt drive will once each week: (1)
Conduct a visual examination of each of
the deluge-type water spray fire
suppression systems; (2) conduct a
functional test of the deluge-type water
spray fire suppression systems by
actuating the system and observing its
performance; and (3) record the results
of the examination and functional test
in a book maintained on the surface for
that purpose. The record will be made
available to the authorized
representative of the Secretary and
retained at the mine for one year; (B)
Any malfunction or clogged nozzle
detected as a result of the weekly
examination or functional tests will be
corrected immediately; and (C) the
procedure used to perform the
functional test will be posted at or near
each belt drive which utilizes a delugetype water spray fire suppression
system. The petitioner asserts that the
proposed alternative method will
provide a measure of protection equal to
or greater than that of the standard.
Docket Number: M–2009–060–C.
Petitioner: Brooks Run Mining
Company, LLC, 25 Little Birch Road,
Sutton, West Virginia 26601.
Mine: Poplar Ridge Deep Mine,
MSHA I.D. No. 46–08885 and Saylor A
Mine, MSHA I.D. No. 46–09126, located
in Webster County, West Virginia.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray systems).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance in lieu of using
blow-off dust covers for nozzles of a
deluge-type water spray system. The
petitioner proposes to continue its
weekly inspection and functional tests
for the complete deluge type water
spray system. The petitioner states that:
(1) Weekly inspection and functional
tests are conducted of its complete
deluge-type water spray system; (2) in
view of the frequent inspections and
functional tests of the system, the dust
PO 00000
Frm 00062
Fmt 4703
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covers are not necessary because the
nozzles can be maintained in a
unclogged condition through weekly
use; and (3) it is burdensome and
exposes persons to undue hazards of
falling from heights to recap the large
number of covers weekly after each
inspection and functional test. The
petitioner asserts that the alternative
method will at all times guarantee no
less than the same measure of protection
afforded the miners employed by said
standard.
Docket Number: M–2009–061–C.
Petitioner: Owlco Energy, LLC, P.O.
Box 976, Middlesboro, Kentucky 40965.
Mine: Mine No. 1, MSHA I.D. No. 15–
18870, located in Letcher County,
Kentucky.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements)
Modification Request: The petitioner
requests a modification of the existing
standard to permit the maximum length
of trailing cables supplying power to
permissible pumps to be increased. The
petitioner states that: (1) This petition
will apply only to trailing cables
supplying single phase, 240-volt power
for permissible pumps; (2) the
maximum length of 240-volt power for
permissible pumps will be 3,000 feet;
(3) the 240-volt power for permissible
pump trailing cables will be no smaller
than #10 American Wire Gauge (AWG);
(4) the company currently utilizes a P–
20CE, 2G–3018 MSHA approved pump.
This pump is approved with 500 feet of
#14/5 AWG trailing cable with a circuit
breaker set at 50 amps. Owlco Energy,
LLC proposes the alternative that will
provide no less than the same protection
by protecting this circuit with a 30 amp
circuit breaker. The petitioner estimates
that this setting would be satisfactory
and be approximately 70–75 percent of
the available fault current; (5) the
outside diameter (OD) of the #10/3
AWG cable is within 0.01 inch(s) of the
originally approved #14/5 AWG cable in
the permissible XP enclosure (XP–
2181); (6) the mines current pump
circuits exceeding the approved lengths
of trailing cables are attached with their
respective locations in the mine; (7) all
future pump installations with trailing
cables installed that are longer than the
approved lengths will be maintained as
shown in items 1–5. These pumps will
be shown on the mine electrical map
and training will be provided to all
mine employees about his proper care
and maintenance of these pumps; and
(8) within sixty (60) days after this
petition is granted, the petitioner will
submit proposed revisions for their
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Federal Register / Vol. 75, No. 12 / Wednesday, January 20, 2010 / Notices
approved Part 48 training plans to the
District Manager for the area in which
the mine is located. The training will
include the following: (a) Training in
mining methods and operating
procedures that will protect the cable
against damage; (b) training in proper
procedures for examining the trailing
cables to ensure the cables are in safe
operating condition; (c) training in
hazards of setting the instantaneous
circuit breakers too high to adequately
protect the trailing cable(s); and (d)
training in how to verify the circuit
interrupting device(s) protecting the
trailing cable(s) are properly set and
maintained. The petitioner further states
that the procedures of 30 CFR 48.3 for
approval of proposed revisions to
already approved training plans will
apply. 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
Owlco Energy, LLC provided by the
existing standard.
Docket Number: M–2009–062–C.
Petitioner: American Energy
Corporation, 43521 Mayhugh Hill Road,
Twp. Hwy. 88, Beallsville, Ohio 43716.
Mine: Century Mine, MSHA I.D. No.
33–01070, located in Monroe County,
Ohio.
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 permit the maximum length
of trailing cables for supplying power to
permissible equipment used in
continuous mining sections to be
increased. The petitioner states that: (1)
This petition will apply only to trailing
cables supplying three-phase, 480-volt
A.C. power to roof bolters; (2) the
maximum length of the 480-volt A.C.
trailing cables supplying power to roof
bolters will be 850 feet. The 480-volt
trailing cables for roof bolters will no be
smaller than #2 American Wire Gauge
(AWG); (3) all circuit breakers used to
protect #2 AWG trailing cables
exceeding 700 feet in length will have
instantaneous trip units calibrated to
trip at 700 amperes. The trip setting of
these circuit breakers will be sealed or
locked, and these circuit breakers will
have permanent, legible labels. Each
label will identify the circuit breakers as
being suitable for protecting No. 2 AWG
cables. The label will be maintained
legible; (4) replacement instantaneous
trip units, used to protect No. 2 AWG
trailing cables, will be calibrated to trip
at 700 amperes and this setting will be
sealed or locked; (5) all components that
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provide short-circuit protection will
have a sufficient interruption rating in
accordance with the maximum
calculated fault currents available; (6)
during each production day, persons
designated by the mine operator will
visually examine the trailing cables to
ensure that the cables are in safe
operating condition and that the
instantaneous settings of the specially
calibrated breakers do not have seals or
locks removed and that they do not
exceed the stipulated settings; (7) any
trailing cable that is not in safe
operating condition will be removed
from service immediately and repaired
or replaced; (8) each splice or repair in
the trailing cables 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; (9) permanent warning labels
will be installed and maintained on the
cover(s) of the power center identifying
the location of each sealed short-circuit
protective device. These labels will
warn miners not to change or alter these
short-circuit settings; (10) the alternative
method will not be implemented until
designated miners have been trained to
examine the integrity of seals or locks,
verify the short-circuit settings, and
properly examine trailing cables for
defects and damage; and (11) within 60
days after this petition is granted,
proposed revisions for their approved
30 CFR Part 48 training plans will be
submitted to the District Manager for the
area in which the mine is located. The
training plan will include: (a) Training
in the mining methods and operating
procedures for protecting the trailing
cables against damage; (b) training in
proper procedures for examining the
trailing cables to ensure the cables are
in safe operating condition; (c) training
in hazards of setting short-circuit
interrupting device(s) too high to
adequately protect the trailing cable(s);
and (d) training in how to verify that the
circuit interrupting device(s) protecting
the trailing cable(s) are properly set and
maintained. The petitioner further states
that the procedures of 30 CFR 48.3 for
approval of proposed revisions to
already approved training plans will
apply. The petitioner asserts that the
alternative method will at all times
guarantee no less than the same measure
of protection afforded to all miners at
the Century Mine as would be provided
by the existing standard.
Docket Number: M–2009–063–C.
Petitioner: Prairie State Generating
Company, LLC, 4274 County Highway
12, Marissa, Illinois 62257.
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3255
Mine: Lively Grove Mine, MSHA I.D.
No. 11–03193, located in Washington
County, Illinois.
Regulation Affected: 30 CFR
75.1909(b)(6) (Non-permissible dieselpowered equipment; design and
performance requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the Getman Road
Builder, Serial Number 460–002 to be
operated as it was originally designed,
without front brakes. The petitioner
states that: (1) The rule does not address
equipment with more than four (4)
wheels, specifically the Getman, Model
RDG–1504S Road Builder, with six (6)
wheels; (2) the machine has dual brake
systems on the four (4) rear wheels, and
is designed to prevent loss of braking
due to a single component failure. The
petitioner proposes to: (1) Limit the
speed of the machine to 10 miles per
hour (MPH) by permanently blocking
out any gear that would provide higher
speed or use transmission and
differential ratios that would limit the
maximum speed to 10 MPH; (2) provide
training for the operators to recognize
appropriate speeds for different road
conditions and slopes; and (3) provide
training for the operators to lower the
grader blade to provide additional
stopping capability. The petitioner
asserts that the safety of the miners will
not be compromised if the machines are
operated as described in this petition.
Dated: January 14, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. 2010–936 Filed 1–19–10; 8:45 am]
BILLING CODE 4510–43–P
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.
E:\FR\FM\20JAN1.SGM
20JAN1
]]>Agencies
[Federal Register Volume 75, Number 12 (Wednesday, January 20, 2010)]
[Notices]
[Pages 3253-3255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-936]
-----------------------------------------------------------------------
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.
[[Page 3254]]
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before February 19, 2010.
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 modification.
II. Petitions for Modification
Docket Number: M-2009-059-C.
Petitioner: McClane Canyon Mining, P.O. Box 98, Loma, Colorado
81524.
Mine: McClane Canyon Mine, MSHA I.D. No. 05-03013, located in
Garfield County, Colorado.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance in lieu
of using blow-off dust covers for nozzles of a deluge-type water spray
system. The petitioner states that: (A) A person trained in testing
procedures specific to the deluge-type water spray fire suppression
systems utilized at each belt drive will once each week: (1) Conduct a
visual examination of each of the deluge-type water spray fire
suppression systems; (2) conduct a functional test of the deluge-type
water spray fire suppression systems by actuating the system and
observing its performance; and (3) record the results of the
examination and functional test in a book maintained on the surface for
that purpose. The record will be made available to the authorized
representative of the Secretary and retained at the mine for one year;
(B) Any malfunction or clogged nozzle detected as a result of the
weekly examination or functional tests will be corrected immediately;
and (C) the procedure used to perform the functional test will be
posted at or near each belt drive which utilizes a deluge-type water
spray fire suppression system. The petitioner asserts that the proposed
alternative method will provide a measure of protection equal to or
greater than that of the standard.
Docket Number: M-2009-060-C.
Petitioner: Brooks Run Mining Company, LLC, 25 Little Birch Road,
Sutton, West Virginia 26601.
Mine: Poplar Ridge Deep Mine, MSHA I.D. No. 46-08885 and Saylor A
Mine, MSHA I.D. No. 46-09126, located in Webster County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance in lieu
of using blow-off dust covers for nozzles of a deluge-type water spray
system. The petitioner proposes to continue its weekly inspection and
functional tests for the complete deluge type water spray system. The
petitioner states that: (1) Weekly inspection and functional tests are
conducted of its complete deluge-type water spray system; (2) in view
of the frequent inspections and functional tests of the system, the
dust covers are not necessary because the nozzles can be maintained in
a unclogged condition through weekly use; and (3) it is burdensome and
exposes persons to undue hazards of falling from heights to recap the
large number of covers weekly after each inspection and functional
test. The petitioner asserts that the alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners employed by said standard.
Docket Number: M-2009-061-C.
Petitioner: Owlco Energy, LLC, P.O. Box 976, Middlesboro, Kentucky
40965.
Mine: Mine No. 1, MSHA I.D. No. 15-18870, located in Letcher
County, Kentucky.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements)
Modification Request: The petitioner requests a modification of the
existing standard to permit the maximum length of trailing cables
supplying power to permissible pumps to be increased. The petitioner
states that: (1) This petition will apply only to trailing cables
supplying single phase, 240-volt power for permissible pumps; (2) the
maximum length of 240-volt power for permissible pumps will be 3,000
feet; (3) the 240-volt power for permissible pump trailing cables will
be no smaller than 10 American Wire Gauge (AWG); (4) the
company currently utilizes a P-20CE, 2G-3018 MSHA approved pump. This
pump is approved with 500 feet of 14/5 AWG trailing cable with
a circuit breaker set at 50 amps. Owlco Energy, LLC proposes the
alternative that will provide no less than the same protection by
protecting this circuit with a 30 amp circuit breaker. The petitioner
estimates that this setting would be satisfactory and be approximately
70-75 percent of the available fault current; (5) the outside diameter
(OD) of the 10/3 AWG cable is within 0.01 inch(s) of the
originally approved 14/5 AWG cable in the permissible XP
enclosure (XP-2181); (6) the mines current pump circuits exceeding the
approved lengths of trailing cables are attached with their respective
locations in the mine; (7) all future pump installations with trailing
cables installed that are longer than the approved lengths will be
maintained as shown in items 1-5. These pumps will be shown on the mine
electrical map and training will be provided to all mine employees
about his proper care and maintenance of these pumps; and (8) within
sixty (60) days after this petition is granted, the petitioner will
submit proposed revisions for their
[[Page 3255]]
approved Part 48 training plans to the District Manager for the area in
which the mine is located. The training will include the following: (a)
Training in mining methods and operating procedures that will protect
the cable against damage; (b) training in proper procedures for
examining the trailing cables to ensure the cables are in safe
operating condition; (c) training in hazards of setting the
instantaneous circuit breakers too high to adequately protect the
trailing cable(s); and (d) training in how to verify the circuit
interrupting device(s) protecting the trailing cable(s) are properly
set and maintained. The petitioner further states that the procedures
of 30 CFR 48.3 for approval of proposed revisions to already approved
training plans will apply. 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 Owlco Energy, LLC provided by
the existing standard.
Docket Number: M-2009-062-C.
Petitioner: American Energy Corporation, 43521 Mayhugh Hill Road,
Twp. Hwy. 88, Beallsville, Ohio 43716.
Mine: Century Mine, MSHA I.D. No. 33-01070, located in Monroe
County, Ohio.
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 permit the maximum length of trailing cables for
supplying power to permissible equipment used in continuous mining
sections to be increased. The petitioner states that: (1) This petition
will apply only to trailing cables supplying three-phase, 480-volt A.C.
power to roof bolters; (2) the maximum length of the 480-volt A.C.
trailing cables supplying power to roof bolters will be 850 feet. The
480-volt trailing cables for roof bolters will no be smaller than
2 American Wire Gauge (AWG); (3) all circuit breakers used to
protect 2 AWG trailing cables exceeding 700 feet in length
will have instantaneous trip units calibrated to trip at 700 amperes.
The trip setting of these circuit breakers will be sealed or locked,
and these circuit breakers will have permanent, legible labels. Each
label will identify the circuit breakers as being suitable for
protecting No. 2 AWG cables. The label will be maintained legible; (4)
replacement instantaneous trip units, used to protect No. 2 AWG
trailing cables, will be calibrated to trip at 700 amperes and this
setting will be sealed or locked; (5) all components that provide
short-circuit protection will have a sufficient interruption rating in
accordance with the maximum calculated fault currents available; (6)
during each production day, persons designated by the mine operator
will visually examine the trailing cables to ensure that the cables are
in safe operating condition and that the instantaneous settings of the
specially calibrated breakers do not have seals or locks removed and
that they do not exceed the stipulated settings; (7) any trailing cable
that is not in safe operating condition will be removed from service
immediately and repaired or replaced; (8) each splice or repair in the
trailing cables 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 Sec. Sec.
75.603 and 75.604; (9) permanent warning labels will be installed and
maintained on the cover(s) of the power center identifying the location
of each sealed short-circuit protective device. These labels will warn
miners not to change or alter these short-circuit settings; (10) the
alternative method will not be implemented until designated miners have
been trained to examine the integrity of seals or locks, verify the
short-circuit settings, and properly examine trailing cables for
defects and damage; and (11) within 60 days after this petition is
granted, proposed revisions for their approved 30 CFR Part 48 training
plans will be submitted to the District Manager for the area in which
the mine is located. The training plan will include: (a) Training in
the mining methods and operating procedures for protecting the trailing
cables against damage; (b) training in proper procedures for examining
the trailing cables to ensure the cables are in safe operating
condition; (c) training in hazards of setting short-circuit
interrupting device(s) too high to adequately protect the trailing
cable(s); and (d) training in how to verify that the circuit
interrupting device(s) protecting the trailing cable(s) are properly
set and maintained. The petitioner further states that the procedures
of 30 CFR 48.3 for approval of proposed revisions to already approved
training plans will apply. The petitioner asserts that the alternative
method will at all times guarantee no less than the same measure of
protection afforded to all miners at the Century Mine as would be
provided by the existing standard.
Docket Number: M-2009-063-C.
Petitioner: Prairie State Generating Company, LLC, 4274 County
Highway 12, Marissa, Illinois 62257.
Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in
Washington County, Illinois.
Regulation Affected: 30 CFR 75.1909(b)(6) (Non-permissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the Getman Road Builder, Serial Number 460-
002 to be operated as it was originally designed, without front brakes.
The petitioner states that: (1) The rule does not address equipment
with more than four (4) wheels, specifically the Getman, Model RDG-
1504S Road Builder, with six (6) wheels; (2) the machine has dual brake
systems on the four (4) rear wheels, and is designed to prevent loss of
braking due to a single component failure. The petitioner proposes to:
(1) Limit the speed of the machine to 10 miles per hour (MPH) by
permanently blocking out any gear that would provide higher speed or
use transmission and differential ratios that would limit the maximum
speed to 10 MPH; (2) provide training for the operators to recognize
appropriate speeds for different road conditions and slopes; and (3)
provide training for the operators to lower the grader blade to provide
additional stopping capability. The petitioner asserts that the safety
of the miners will not be compromised if the machines are operated as
described in this petition.
Dated: January 14, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-936 Filed 1-19-10; 8:45 am]
BILLING CODE 4510-43-P
