Petitions for Modification, 12796-12800 [2010-5787]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12796-12800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5787]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration (MSHA), 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 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 April 16, 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 
22209-3939, 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

[[Page 12797]]

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-2010-001-C.
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
Virginia 24282.
    Mine: Huff Creek No. 1 Mine, MSHA I. D. No. 15-17234, located in 
Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(1) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for weekly 
examinations on the out by A-Mains panel due to bad roof, rib 
sloughage, and floor heave. The petitioner proposes to: (1) Establish 
two evaluation points for weekly evaluation of the affected area. The 
evaluation points will be located at break 71 and break 40 on the A-
Mains panel to monitor air quality and quantity entering and exiting 
the hazardous area; (2) Place an atmospheric monitoring system (AMS) 
sensor at each evaluation point to continuously monitor the quality of 
air in the effective area as follows: (a) An AMS meeting all of the 
applicable requirements of 30 CFR 75.351(a), (b), (c), (d), (k), and 
(l) will be used to continuously monitor methane, oxygen and carbon 
monoxide concentrations at the specified monitoring stations. The AMS 
will be calibrated and maintained in accordance with 30 CFR 75.351(n), 
(o), (p), and (q); (b) the AMS sensor will be located such that the air 
flowing over the sensor is representative of the air flowing through 
the inaccessible belt air entry; (c) the AMS sensors will be capable of 
providing both visual and audible signals as follows: (i) A visual and 
audible alert signal will be activated for the following initial 
levels: (1) Oxygen: 19.4%; (2) Methane: 1.5%; (3) Carbon Monoxide: 8 
ppm; (ii) an audible and visual alarm signal will be activated for the 
following initial levels; (1) Oxygen: 19.0%: (2) Methane: 2.0%; and (3) 
Carbon Monoxide: 13 ppm; (d) if an AMS sensor indicates an alert 
signal, a qualified person will immediately be dispatched to the 
affected area to determine the reason for the alarm and what action 
must be taken to correct the condition. If it is determined that a fire 
exists, all persons not required for firefighting activities will be 
evacuated from the mine; (e) if an AMS sensor indicates an alarm 
signal, all persons in by that sensor in the same split of air will be 
withdrawn out by to the next sensor not in an alarm mode. All persons 
will remain at that location, or be withdrawn from the mine, until the 
reason for the alarm has been determined and action has been taken to 
correct the condition. If it is determined that a fire exists, all 
persons not required for firefighting activities will be evacuated from 
the mine; (3) A certified person will: (a) Examine each of the 
evaluation points at least every 7 days, including: (i) Examine for 
hazards on the approaches to and at the evaluation points; (ii) perform 
visual examinations of the AMS sensors; and (iii) evaluate and measure 
the quality and quantity of air flowing past the evaluation points. Air 
quality measurements will determine the methane, oxygen, and carbon 
monoxide concentrations using a MSHA approved hand-held device. Air 
quantity measurements will be made using an appropriately calibrated 
anemometer. Methane gas or other harmful, noxious, or poisonous gases 
will not be permitted to accumulate in excess of legal limits for an 
intake aircourse. At these evaluations points, an increase of 0.3 
percent methane above the previous reading or a 10 percent change in 
the airflow quantity from the previous reading will cause an immediate 
investigation of the affected area, with prompt remedial action being 
taken as needed; and (iv) at each evaluation point, a date board will 
be provided where the certified examiner will record the date, time, 
his or her initials, and the measured quantity and quality of the air 
entering the affected area; and (v) record the results of each weekly 
examination in a book maintained on the surface. The certification, 
recordkeeping, and retention period requirements of 30 CFR 75.364(g), 
(h), and (i) will be met, (4) The permanent ventilation controls, 
evaluation points, and AMS sensor locations will be shown on the annual 
mine ventilation map submitted in accordance with 30 CFR 75.372; (5) 
All evaluation points and approaches to evaluation points will be 
maintained in a safe condition at all times. The roof will be 
adequately supported by suitable means to prevent deterioration of the 
roof in the vicinity of the evaluation points. The petitioner asserts 
that the proposed alternative method will at all times guarantee no 
less than the same measure of protection afforded by the appropriate 
portion of 30 CFR 75.364.

    Docket Number: M-2010-002-C.
    Petitioner: Bridger Coal Company, P.O. Box 68, Point of Rocks, 
Wyoming 82942.
    Mine: Bridger Underground Mine, MSHA I.D. No. 48-01646, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow mining through abandoned oil and gas wells. 
The petitioner states that: (1) Bridger Coal Company expects to plug 
and mine through wells intersecting three coal seams: (a) Deadman D41 
(the lowermost mineable seam, currently being mined), Deadman D5 Seam 
(not being mined), and Deadman D6 Seam (not being mined); (b) Bridger 
Coal Company is currently mining the Deadman D41 Seam. This seam varies 
from 7 to 17-feet in thickness, and liberates little to no methane in 
seam; (c) the Deadman D5 seam is approximately 70-feet above the active 
mine workings. This seam is approximately 5-feet thick. Bridger Coal 
Company has no current plans to mine this seam; (d) the Deadman D6 Seam 
is approximately 170-feet above the active mine workings. This seam is 
approximately 2.5-feet thick. Bridger Coal Company has no current plans 
to mine this seam; (2) there are two abandoned gas wells, 41-
35 (P & A July 28, 1964) and Pierce 1 (P & A December 23, 
1960). The drilled depth of 41-35 is 2793 feet; that of Pierce 
1 is 3276 feet. Both of these wells were already 
professionally plugged and abandoned. Copies of geologic logs have been 
secured for each well and have been interpreted to identify coal bed 
horizons; and (3) the interval of all three seams is approximately 210 
feet so the total expansive cement interval would be 510 feet to meet 
the minimum proposed plugging requirements set forth below. Plugging to 
the surface is planned for each abandoned and plugged gas well. The two 
abandoned and plugged gas wells will be cut through by longwall shear. 
Mine development occurs near the three hundred (300) foot diameter 
barrier of 41-35 in December 2010. As an alternative method of 
achieving the results of 30 CFR 75.1700, the petitioner proposes the 
following: (1) Bridger Coal Company will provide the District Manager 
with a map showing the location of all known oil and gas wells within 
the lease boundaries of the mine; (2) At least 30 days prior to mining 
within 150 feet of any oil or gas well, written certification will be 
provided to the District Manager that such well was cleaned out, 
prepared, and plugged using methods that meet or exceed the

[[Page 12798]]

following techniques and procedures: (a) A diligent effort will be made 
to clean the boreholes to a depth which would permit the placement of 
expanding cement to at least 200 feet below the base of the lowest 
mineable coal seam; (b) If the cleaned out borehole produces an 
excessive amount of methane gas, a mechanical bridge plug will be set 
in the borehole in a stratum of at least 200 feet below the base of the 
lowest mineable coal seam. If it is not feasible to set a mechanical 
bridge plug, an appropriately sized substantial brush plug may be used; 
and (c) A suite of logs will be made and maintained consisting of 
caliper survey, directional deviation survey, and log(s) suitable for 
determining the top and bottom of the mineable coal seams. Invoices, 
work orders, and other records relating to all work on the well will 
also be maintained. This information will be provided to MSHA upon 
request.
    The following procedures will be followed when plugging oil and gas 
wells to the surface: (1) Using open-end tubing, a gel will be pumped 
into the borehole to a point approximately 20 feet above the bottom of 
the cleaned-out area of the borehole, or 20 feet above the mechanical 
bridge plug or substantial brush plug. The gel should circulate around 
the borehole, completely filling the cavity, so that the gel inhibits 
any flow of gas, supports the walls of the borehole, and densifies the 
expanding cement that will be pumped into the borehole; (2) using open-
ended tubing, a cement plug will be set in the well by pumping 
expanding cement slurry to a point at least 200 feet below the lowest 
mineable coal seam up to a point approximately 100 feet above the top 
of the lowest mineable coal seam. There will be at least 200 feet of 
expanding cement below the base of the lowest mineable coal bed; (3) 
the remainder of the borehole will be filled to the surface, either 
with expanding cement slurry, or beginning from the point approximately 
100 feet above the top of the lowest mineable coal seam, with Portland 
cement or a Portland cement-fly ash mixture; (4) a small quantity of 
steel turnings, or other magnetic particles will be imbedded in the top 
of the cement near the surface to serve as a permanent magnetic 
monument of the borehole. The following procedures will apply to mining 
through an oil or gas well: (1) The operator will notify the District 
Manager or designee prior to mining within 150 feet of the well, and 
when a specific plan is developed for mining through each well; (2) The 
petitioner will participate in a conference with the District Manager 
prior to mining-through the plugged well to review the specific 
procedures for mining through the well. Representatives of miners, 
miners on the section, and the appropriate State agency will be 
informed within a reasonable time prior to the conference, and all 
persons who will be present during the mining through will attend and 
participate. The conference may be called by the operator and may be 
conducted by teleconference; (3) Mining through a plugged well will be 
done on a shift approved by the District Manager or designee; (4) The 
District Manager or designee, representatives of the miners, the miners 
on the section, and the appropriate State agency will be notified by 
the operator in sufficient time prior to the mining through operation 
in order to have an opportunity to have representatives present; (5) 
When using continuous mining or conventional mining methods, drivage 
sights not more than 50 feet from the well, will be installed at the 
last open crosscut near the place to be mined to assure intersection of 
the well. When using longwall mining methods, drivage sights will be 
installed on 10-foot centers for a distance of 50 feet in advance of 
the well bore. The drivage sights will be installed in the headgate and 
tailgate; (6) Firefighting equipment, including fire extinguishers, 
rock dust, and sufficient fire hose to reach the working face will be 
available. The fire hose will be located near the working face. The 
fire hose will be extended to the face area of the mine-through when 
the longwall mining method is implemented. All fire hoses will be ready 
for operation during the mine-through; (7) Sufficient supplies of roof 
support and ventilation materials will be available and located not 
more than two crosscuts outby the mining-through location on intake 
air; (8) During the mine-through operation, the quantity of air 
required by the ventilation plan, but not less than 10,800 cfm, will 
reach each working face where coal is being cut, mined or loaded by 
continuous mining or conventional mining methods being employed during 
a mining through of a plugged well. The quantity of air required by the 
ventilation plan, but not less than 65,000 cfm, will reach the working 
face of the longwall during the mine-through operation; (9) Equipment 
will be checked for permissibility and serviced on the maintenance 
shift prior to mining through the well and the waterline maintained up 
to the tail piece with a sufficient amount of fire hose to reach the 
farthest point of penetration on the section; (10) The methane 
monitor(s) on the continuous mining machine, cutting machine and 
loading machine or longwall will be calibrated on the maintenance shift 
prior to mining through the well; (11) When mining is in progress, 
tests for methane will be made with a hand-held methane detector at 
least every 10 minutes from the time mining is within 30 feet of the 
well until the well is intersected and immediately prior to mining 
through. During the actual cutting through process, no individual will 
be allowed on the return side until mining through has been completed 
and the area has been examined and declared safe; (12) When using 
continuous or conventional mining methods, the working place will be 
free of accumulations of coal dust and coal spillages, and rock dusting 
will be conducted and placed on the roof, rib and floor to within 20 
feet of the face when mining through the well. On longwall sections, 
rock dusting will be conducted and placed on the roof, rib and floor up 
to both the headgate and tailgate gob; (13) When the well bore is 
intersected, all equipment will be de-energized and the place 
thoroughly examined and determined safe before mining is resumed. Any 
well casing will be removed and no open flame will be permitted in the 
area until adequate ventilation has been established around the well 
bore; (14) After a well has been intersected and the working place 
determined safe, mining will continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the well 
bore; (15) No person will be permitted in the area of the well mining-
through operation except those actually engaged in the operation, 
company personnel, representatives of the miners, personnel from MSHA, 
and personnel from the appropriate State agency; (16) The mining-
through operation will be under the direct supervision of a certified 
individual; (17) Instructions concerning the mining-through operation 
will be issued only by the certified individual in charge; and (18) 
MSHA personnel may interrupt or halt the mining-through operation when 
it is necessary for the safety of miners. The petitioner states that: 
(1) A copy of the Proposed Decision and Order will be maintained at the 
mine office and be available to the Secretary's representatives, 
miners' representatives, and miners; and (2) within 60 days after the 
Proposed Decision and Order becomes final, the petitioner will submit 
proposed revisions to the approved Part 48 training plans to the 
District Manager. These proposed revisions will include initial and 
refresher training regarding compliance with the terms

[[Page 12799]]

and conditions stated in the Proposed Decision and Order. The 
petitioner asserts that the proposed alternative method of achieving 
the results of the standard proposed by Bridger Coal Company will at 
all times guarantee no less than the same measure of protection 
afforded the miner under the existing standard.

    Docket Number: M-2010-003-C.
    Petitioner: Brooks Run Mining Company, LLC, 208 Business Street, 
Beckley, West Virginia 25801.
    Mine: Wyoming No. 2 Mine, MSHA I. D. No. 46-06263, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit nozzles to be used without blow-off dust 
covers for its deluge-type water spray system. The petitioner proposes 
to continue its weekly inspection and functional testing of the 
complete deluge-type water spray system, and remove blow-off dust 
covers from the nozzles. The petitioner states that: (1) Currently each 
nozzle is provided with a blow-off dust cover. In view of the frequent 
inspections and functional testing of the system, the dust covers are 
not necessary because the nozzles can be maintained in an unclogged 
condition through weekly use; and (2) it is burdensome to recap the 
large number of covers weekly after each inspection and functional 
test. The petitioner asserts that the proposed 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-2010-004-C.
    Petitioner: Jim Walter Resources, P.O. Box 133, Brookwood, Alabama 
35444.
    Mine: No. 7 Mine, MSHA I. D. No. 01-01401, located in Tuscaloosa 
County, Alabama.
    Regulation Affected: 30 CFR 75.507 (Power connection points).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of one or more three-phase, 2,400-
volt or 4,160-volt alternating current submersible pumps installed in 
return and bleeder entries in the No. 7 Mine. The petitioner states 
that: (1) The three-phase, 2, 400-volt or 4,160-volt, alternating 
current electric power circuit for each pump will be designed and 
installed to: (a) Contain either a direct or derived neutral, which 
will be grounded through a suitable resistor at the source transformer 
or power center. A grounding circuit originating at the grounded side 
of the grounding resistor must extend along with the power conductors 
and serve as the grounding conductor for the frame of each pump and all 
associated electric equipment that may be supplied power from each such 
circuit. The borehole casing will be bonded to the system grounding 
medium; and (b) contain a grounding resistor that limits the ground-
fault current to not more than 6.5 amperes. The grounding resistor must 
be rated for the maximum fault current available and must be insulated 
from ground for a voltage equal to the phase-to-phase voltage of the 
system. (2) The following protections for each pump power circuit will 
be provided by a suitable circuit interrupting device of adequate 
interrupting capacity with devices to provide protection against 
undervoltage, grounded phase, short-circuit, and overload: (a) The 
undervoltage protection device will operate on a loss of voltage to 
prevent automatic restarting of the equipment; (b) the grounded phase 
protection device will be set not to exceed fifty percent (50%) of the 
current rating of the neutral grounding resistor; (c) the short circuit 
protection device will not be set to exceed the required short circuit 
protection for the power cable or seventy-five percent (75%) of the 
minimum available phase-to-phase short circuit current, whichever is 
less; (d) each power circuit will contain a disconnecting device 
located on the surface and installed to provide visual evidence that 
the power is disconnected; (e) each disconnecting device will include a 
means to visually determine the relevant pump power circuit is 
disconnected and be provided with a means to lock, tag-out, and ground 
the system; (f) each disconnecting device shall be designed to prevent 
entry unless the disconnect handle is in the ``off'' position and the 
circuit is grounded; and (g) each disconnecting device will be clearly 
identified and provided with a warning sign stating, ``Danger do not 
enter unless the circuit is opened, locked, tagged-out, and grounded''. 
(3) Each three-phase, alternating current system will be provided with 
a low resistance grounding medium for the grounding of the lightning/
surge arrestors for the high-voltage pump power circuit that is 
separated from the neutral grounding medium by a distance of not less 
than twenty-five (25) feet. (4) The electric control circuit(s) for 
each pump will meet the following requirements: (a) The control circuit 
will be equipped with a circuit that determines a high and low water 
level; (b) when the water level is reached, the pump will cease 
operation and will not start in either the manual or automatic mode; 
(c) when the high water level is reached, the pump will be capable of 
operation; (d) the high and low water levels will be determined by a 
differential pressure switch located at the surface; (e) the grounded-
phase protective circuit for each pump will be able to be tested by 
injecting a test current through the grounded-phase current 
transformer; and (f) a remote control and monitoring system can be used 
with a pump system for condition monitoring and for remote startup and 
shutdown control of the pump. The remote control and monitoring system 
will not allow remote reset of the pump power system when any fault 
condition (e.g., grounded phase, short circuit, or overload) exists on 
the system. (5) Each surface pump control and power circuit will be 
examined as required by 30 CFR 77.502. (6) The power cable to each 
submersible pump motor must be suitable for this application, have a 
current carrying capacity not less than one-hundred twenty-five percent 
(125%) of the full load motor current of the submersible pump motor, 
and have an outer jacket suitable for a wet location. The power cable 
must be supported at the entrance to the borehole and throughout its 
length by securing it with clamps, spaced approximately twenty-five 
feet (25') apart, affixed to the discharge pipe casing. (7) A device 
will be installed to monitor ground continuity from the starter box to 
the well head. (8) The starter will be equipped with ground fault 
``look-ahead'' device to prevent the motor from being energized during 
a fault condition. (9) Each pump installation must comply with all 
other applicable requirement of 30 CFR. (10) Within sixty (60) days 
after this petition is granted, petitioner will submit proposed 
revisions for their approved Part 48 training plan to the District 11 
Manager. These provisions will specify task training for all qualified 
mine electricians who perform electric work, monthly examinations as 
required by 30 CFR 77.502, and refresher training regarding the 
alternative method outlined in the petition. The procedures of 30 CFR 
48.3 for approval of proposed revisions to already approved training 
plans will apply. The petitioner asserts that the alternate method of 
achieving the result of the existing standard will at all times 
guarantee no less than the same measure of protection afforded the 
miners by the present application of the standard.


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    Dated: March 12, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-5787 Filed 3-16-10; 8:45 am]
BILLING CODE 4510-43-P