Petitions for Modification of Existing Mandatory Safety Standards, 81313-81315 [2010-32355]

Download as PDF Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices Dated: December 20, 2010. Lynn Murray, Department Clearance Officer, PRA, United States Department of Justice. business hours at the address listed above. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF LABOR 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: Mine Safety and Health Administration I. Background [FR Doc. 2010–32324 Filed 12–23–10; 8:45 am] BILLING CODE 4410–FY–P Petitions for Modification of Existing Mandatory Safety Standards Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice. AGENCY: 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: All comments on the petitions must be received by the Office of Standards, Regulations and Variances on or before January 26, 2011. DATES: erowe on DSK5CLS3C1PROD with NOTICES II. Petitions for Modification You may submit your comments, identified by ‘‘docket number’’ on the subject line, by any of the following methods: 1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket number of the petition in the subject line of the message. 2. Facsimile: 1–202–693–9441. 3. Regular Mail: 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. 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 ADDRESSES: VerDate Mar<15>2010 15:15 Dec 23, 2010 Jkt 223001 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. Docket Number: M–2010–037–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)(2) (Weekly examination). Modification Request: The petitioner requests a modification of the existing standard to permit at least one entry of each return air course to be examined in its entirety so that the entire air course is traveled every 7 days, due to adverse roof, rock falls, and floor heave conditions in the return entry in the CMains resulting from multi-seam mining and unfavorable geological conditions. The petitioner proposes to: (1) Establish two evaluation points for weekly evaluation of the affected area, located at break 42 and break 64 in the C-Mains panel to monitor air quality and quantity entering and exiting the affected area; (2) have a certified person 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) evaluate and measure the quality and quantity of air flowing past the evaluation points; (iii) measure the air quality for methane, oxygen, and carbon monoxide concentrations using an PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 81313 approved hand-held device; (iv) measure air quantity 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 a return air course; (iv) immediately examine and evaluate the evaluation points where there is an increase of 0.5 percent methane above the previous reading or a 10 percent unplanned change in the airflow quantity from the previous reading to determine the cause; (v) take appropriate corrective action and determine a new initial airflow to serve as the basis for subsequent evaluations; (vi) provide a date board at each evaluation point 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 (vii) record the results of each weekly examination in a book maintained on the surface. (3) submit an annual ventilation map that will show the permanent ventilation controls and evaluation points in accordance with 30 CFR 75.372; and (4) maintain in safe condition at all times, all evaluation points and approaches to the evaluation points, and adequately support the roof by suitable means to prevent deterioration 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 the existing standard. Docket Number: M–2010–038–C. Petitioner: Enlow Fork Mining Company, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317. Mine: Enlow Fork Mine, MSHA I.D. No. 46–07416, located in Greene County, Pennsylvania. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 18.35(a)(5)(i) and (ii) (Portable trailing cables and cords). Modification Request: The petitioner requests a modification of the existing standard to permit the maximum length of trailing cables to be increased to 900 feet for supplying power to loading machines used in the Enlow Fork Mine. The petitioner states that: (1) Longwall development panels are being developed at the mine as part of a continuing mining cycle; (2) the longwall development panels consist of a three-entry system with 275-foot deep cuts to improve roof and abutment pressure control during longwall mining; (3) ventilation is improved by limiting the number of stoppings, which have a built-in ventilation pressure loss factor; (4) this petition will only apply E:\FR\FM\27DEN1.SGM 27DEN1 erowe on DSK5CLS3C1PROD with NOTICES 81314 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices to trailing cables supplying three-phase 995-volt power to loading machines; (5) the maximum lengths of the trailing cables will be 900 feet, and the trailing cables will not be smaller than #2 American Wire Gauge (AWG); (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 of the circuit breakers will be sealed or locked, and will have permanent, legible labels. Each label will identify the circuit breaker as being suitable for protecting #2 AWG cables and the label will be maintained legible; (7) replacement instantaneous trip units used to protect #2 AWG trailing cables will be calibrated to trip at 800 Amperes and this setting will be sealed or locked; (8) during each production day, persons designated by the 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 settings of 800 Amperes; (9) any trailing cable that is not in safe operating condition will be removed from service immediately and repaired or replaced; (10) 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 outer jacket of each splice or repair will be vulcanized with flame-resistant material or made with material that has been accepted by MSHA as flame-resistant; (11) in the event the mining methods or operating procedures cause or contribute to the damage of any trailing cable, the cable will be removed from service immediately and repaired or replaced. Additional precautions will be taken to ensure that in the future the cable is protected and maintained in safe operating condition; (12) permanent warning labels will be installed and maintained on the cover(s) of the power center identifying the location of each sealed short-circuit protection device. The labels will warn miners not to change or alter the sealed short-circuit settings; (13) the alternative method will not be implemented until all miners who have been designated to examine the integrity of seals, verify the shortcircuit settings, and proper procedures for examining trailing cables for defects and damage have received the elements of training; and (14) within 60 days after this petition is granted, proposed revisions to part 48 training plans will be submitted to the District Manager for VerDate Mar<15>2010 15:15 Dec 23, 2010 Jkt 223001 the area in which the mines is located. The elements of training will include the following: (i) Training in mining methods and operating procedures that will protect the trailing cables against damage; (ii) training in the proper procedures for examining the trailing cables to ensure that the cables are in safe operating condition; (iii) training in hazards of setting the instantaneous circuit breakers too high to adequately protect the trailing cables; and (iv) training in how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained. 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 the Enlow Fork Mine as would be provided by the existing standard. Docket Number: M–2010–039 –C. Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy Drive, Canonsburg, Pennsylvania 15317. Mine: Bailey Mine, MSHA I.D. No. 36–07230, located in Greene County, Pennsylvania. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 18.35(a)(5)(i) and (ii) (Portable trailing cables and cords). Modification Request: The petitioner requests a modification of the existing standard to permit the maximum length of trailing cables to be increased to 900 feet for supplying power to loading machines used in the Bailey Mine. The petitioner states that: (1) Longwall development panels are being developed at the mine as part of a continuing mining cycle; (2) the longwall development panels consist of a three-entry system with 275-foot deep cuts to improve roof and abutment pressure control during longwall mining; (3) ventilation is improved by limiting the number of stoppings, which have a built-in ventilation pressure loss factor; (4) this petition will only apply to trailing cables supplying three-phase 995-volt power to loading machines; (5) the maximum lengths of the trailing cables will be 900 feet, and the trailing cables will not be smaller than #2 American Wire Gauge (AWG); (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 of the circuit breakers will be sealed or locked, and will have permanent, legible labels. Each label will identify the circuit breaker as being suitable for protecting #2 AWG cables and the label will be maintained legible; (7) replacement instantaneous trip units used to protect #2 AWG trailing cables will be calibrated to trip at 800 Amperes PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 and this setting will be sealed or locked; (8) during each production day, persons designated by the 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 settings of 800 Amperes; (9) any trailing cable that is not in safe operating condition will be removed from service immediately and repaired or replaced; (10) 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 outer jacket of each splice or repair will be vulcanized with flame-resistant material or made with material that has been accepted by MSHA as flame-resistant; (11) in the event the mining methods or operating procedures cause or contribute to the damage of any trailing cable, the cable will be removed from service immediately and repaired or replaced. Additional precautions will be taken to ensure that in the future the cable is protected and maintained in safe operating condition; (12) permanent warning labels will be installed and maintained on the cover(s) of the power center identifying the location of each sealed or locked short-circuit protection device. The labels will warn miners not to change or alter the sealed shortcircuit settings; (13) the alternative method will not be implemented until all miners who have been designated to examine the integrity of seals, verify the short-circuit settings, and proper procedures for examining trailing cables for defects and damage have received the elements of training; and (14) within 60 days after this petition is granted, proposed revisions to part 48 training plans will be submitted to the District Manager for the area in which the mines is located. The elements of training will include the following: (i) Training in mining methods and operating procedures that will protect the trailing cables against damage; (ii) training in the proper procedures for examining the trailing cables to ensure that the cables are in safe operating condition; (iii) training in hazards of setting the instantaneous circuit breakers too high to adequately protect the trailing cables; and (iv) training in how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Notices of protection to all miners at the Bailey Mine as would be provided by the existing standard. Dated: December 20, 2010. Patricia W. Silvey, Director, Office of Standards, Regulations and Variances. disclosed. If discussions were open to the public, these matters that are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act would be improperly disclosed. [FR Doc. 2010–32355 Filed 12–23–10; 8:45 am] Dated: December 21, 2010, Susanne Bolton, Committee Management Officer. BILLING CODE 4510–43–P [FR Doc. 2010–32408 Filed 12–23–10; 8:45 am] BILLING CODE 7555–01–P NATIONAL SCIENCE FOUNDATION NUCLEAR REGULATORY COMMISSION Earth Sciences Proposal Review Panel; Notice of Meeting erowe on DSK5CLS3C1PROD with NOTICES In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Foundation announces the following meeting. Name: Proposal Review Panel in Earth Sciences (1569). Date and Time: January 13, 2011, 8:30 a.m.–5 p.m.; January 14, 2011, 8:30 a.m.–4 p.m. Place: UNAVCO, Inc. Headquarters, 67350 Nautilus Drive, Boulder, CO 80301–5554. Type of Meeting: Part Open. Contact Person: Mr. Russell Kelz, Program Director, Instrumentation & Facilities Program, Division of Earth Sciences, Room 785, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230; Telephone: (703) 292–8558. Purpose of Meeting: To carry out review of UNAVCO, Inc. management and leadership as stipulated in cooperative agreement EAR–0735156. Agenda Closed: January 13, 2011—8:30 a.m.–9:30 a.m.: organization meeting, introductions, review of charge to review panel, discussion of COI. January 13, 2011—1 p.m.–5 p.m.: panel discussion, write up of summary of findings and recommendations. January 14, 2011—8:30 a.m.–3:30 p.m.: complete panel summary and recommendations. Open: January 13, 2011—9:30 a.m.–12:00 p.m.: Presentation by UNAVCO, Inc. management and Q&A between panel and UNAVCO, Inc. January 14, 2011—3:30 a.m.–4 p.m.: Presentation of panel draft findings to NSF/EAR/IF Program. Reason for Closing: During the closed sessions, the panel will be reviewing information of a proprietary or confidential nature, including technical information, financial data such as salaries, and personal information that could harm individuals if they are VerDate Mar<15>2010 15:15 Dec 23, 2010 Jkt 223001 [NRC–2010–0322] Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request U. S. Nuclear Regulatory Commission (NRC). ACTION: Notice of the OMB review of information collection and solicitation of public comment. AGENCY: The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on October 18, 2010. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR part 70, ‘‘Domestic Licensing of Special Nuclear Material.’’ 3. Current OMB approval number: 3150–0009. 4. The form number if applicable: N/A. 5. How often the collection is required: Required reports are collected and evaluated on a continuing basis as events occur. Applications for new licenses and amendments may be submitted at any time. Generally, renewal applications are submitted every ten years and for major fuel cycle facilities updates of the safety demonstration section are submitted every two years. Nuclear material control and accounting information is submitted in accordance with specified instructions. 6. Who will be required or asked to report: Applicants for and holders of specific NRC licenses to receive title to, SUMMARY: PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 81315 own, acquire, deliver, receive, possess, use, or initially transfer special nuclear material. 7. An estimate of the number of annual responses: 1,256 (655 responses + 601 recordkeepers). 8. The estimated number of annual respondents: 372. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 89,465 hours (81,785 reporting + 7,700 recordkeeping) or an average of 125 hours per response (81,765 reporting burden hours/655 responses) and an average of 13 hours per recordkeeper (7,700 recordkeeping burden hours/601 recordkeepers). 10. Abstract: 10 CFR part 70 establishes requirements for licenses to own, acquire, receive, possess, use, and transfer special nuclear material. The information in the applications, reports, and records is used by NRC to make licensing and other regulatory determinations concerning the use of special nuclear material. Submit, by February 25, 2011, comments that address the following questions: A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O–1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: http://www.nrc.gov/public-involve/ doc-comment/omb/index.html. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by January 26, 2011. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Christine J. Kymn, Desk Officer, Office of Information and Regulatory Affairs (3150–0009), NEOB–10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Christine.J.Kymn@omb.eop.gov or submitted by telephone at 202–395– 4638. The NRC Clearance Officer is Tremaine Donnell, 301–415–6258. For the Nuclear Regulatory Commission. E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81313-81315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32355]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Existing Mandatory Safety Standards

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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

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 26, 2011.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: zzMSHA-comments@dol.gov. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: 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.
    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 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-2010-037-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)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit at least one entry of each return air 
course to be examined in its entirety so that the entire air course is 
traveled every 7 days, due to adverse roof, rock falls, and floor heave 
conditions in the return entry in the C-Mains resulting from multi-seam 
mining and unfavorable geological conditions. The petitioner proposes 
to: (1) Establish two evaluation points for weekly evaluation of the 
affected area, located at break 42 and break 64 in the C-Mains panel to 
monitor air quality and quantity entering and exiting the affected 
area; (2) have a certified person 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) evaluate and measure 
the quality and quantity of air flowing past the evaluation points; 
(iii) measure the air quality for methane, oxygen, and carbon monoxide 
concentrations using an approved hand-held device; (iv) measure air 
quantity 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 a return air course; (iv) 
immediately examine and evaluate the evaluation points where there is 
an increase of 0.5 percent methane above the previous reading or a 10 
percent unplanned change in the airflow quantity from the previous 
reading to determine the cause; (v) take appropriate corrective action 
and determine a new initial airflow to serve as the basis for 
subsequent evaluations; (vi) provide a date board at each evaluation 
point 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 (vii) record the results of each weekly 
examination in a book maintained on the surface. (3) submit an annual 
ventilation map that will show the permanent ventilation controls and 
evaluation points in accordance with 30 CFR 75.372; and (4) maintain in 
safe condition at all times, all evaluation points and approaches to 
the evaluation points, and adequately support the roof by suitable 
means to prevent deterioration 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 the existing standard.
    Docket Number: M-2010-038-C.
    Petitioner: Enlow Fork Mining Company, 1000 Consol Energy Drive, 
Canonsburg, Pennsylvania 15317.
    Mine: Enlow Fork Mine, MSHA I.D. No. 46-07416, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) and (ii) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables to be 
increased to 900 feet for supplying power to loading machines used in 
the Enlow Fork Mine. The petitioner states that:
    (1) Longwall development panels are being developed at the mine as 
part of a continuing mining cycle; (2) the longwall development panels 
consist of a three-entry system with 275-foot deep cuts to improve roof 
and abutment pressure control during longwall mining; (3) ventilation 
is improved by limiting the number of stoppings, which have a built-in 
ventilation pressure loss factor; (4) this petition will only apply

[[Page 81314]]

to trailing cables supplying three-phase 995-volt power to loading 
machines; (5) the maximum lengths of the trailing cables will be 900 
feet, and the trailing cables will not be smaller than 2 
American Wire Gauge (AWG); (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 of the circuit breakers will be sealed or locked, and will have 
permanent, legible labels. Each label will identify the circuit breaker 
as being suitable for protecting 2 AWG cables and the label 
will be maintained legible; (7) replacement instantaneous trip units 
used to protect 2 AWG trailing cables will be calibrated to 
trip at 800 Amperes and this setting will be sealed or locked; (8) 
during each production day, persons designated by the 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 settings of 800 Amperes; (9) any trailing 
cable that is not in safe operating condition will be removed from 
service immediately and repaired or replaced; (10) 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 outer jacket of each splice or repair will be 
vulcanized with flame-resistant material or made with material that has 
been accepted by MSHA as flame-resistant; (11) in the event the mining 
methods or operating procedures cause or contribute to the damage of 
any trailing cable, the cable will be removed from service immediately 
and repaired or replaced. Additional precautions will be taken to 
ensure that in the future the cable is protected and maintained in safe 
operating condition; (12) permanent warning labels will be installed 
and maintained on the cover(s) of the power center identifying the 
location of each sealed short-circuit protection device. The labels 
will warn miners not to change or alter the sealed short-circuit 
settings; (13) the alternative method will not be implemented until all 
miners who have been designated to examine the integrity of seals, 
verify the short-circuit settings, and proper procedures for examining 
trailing cables for defects and damage have received the elements of 
training; and (14) within 60 days after this petition is granted, 
proposed revisions to part 48 training plans will be submitted to the 
District Manager for the area in which the mines is located. The 
elements of training will include the following: (i) Training in mining 
methods and operating procedures that will protect the trailing cables 
against damage; (ii) training in the proper procedures for examining 
the trailing cables to ensure that the cables are in safe operating 
condition; (iii) training in hazards of setting the instantaneous 
circuit breakers too high to adequately protect the trailing cables; 
and (iv) training in how to verify that the circuit interrupting 
device(s) protecting the trailing cable(s) are properly set and 
maintained. 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 the Enlow Fork Mine as would be provided by the 
existing standard.
    Docket Number: M-2010-039 -C.
    Petitioner: Consol Pennsylvania Coal Company, 1000 Consol Energy 
Drive, Canonsburg, Pennsylvania 15317.
    Mine: Bailey Mine, MSHA I.D. No. 36-07230, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) and (ii) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables to be 
increased to 900 feet for supplying power to loading machines used in 
the Bailey Mine. The petitioner states that: (1) Longwall development 
panels are being developed at the mine as part of a continuing mining 
cycle; (2) the longwall development panels consist of a three-entry 
system with 275-foot deep cuts to improve roof and abutment pressure 
control during longwall mining; (3) ventilation is improved by limiting 
the number of stoppings, which have a built-in ventilation pressure 
loss factor; (4) this petition will only apply to trailing cables 
supplying three-phase 995-volt power to loading machines; (5) the 
maximum lengths of the trailing cables will be 900 feet, and the 
trailing cables will not be smaller than 2 American Wire Gauge 
(AWG); (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 of the circuit 
breakers will be sealed or locked, and will have permanent, legible 
labels. Each label will identify the circuit breaker as being suitable 
for protecting 2 AWG cables and the label will be maintained 
legible; (7) replacement instantaneous trip units used to protect 
2 AWG trailing cables will be calibrated to trip at 800 
Amperes and this setting will be sealed or locked; (8) during each 
production day, persons designated by the 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 settings of 800 Amperes; (9) any trailing 
cable that is not in safe operating condition will be removed from 
service immediately and repaired or replaced; (10) 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 outer jacket of each splice or repair will be 
vulcanized with flame-resistant material or made with material that has 
been accepted by MSHA as flame-resistant; (11) in the event the mining 
methods or operating procedures cause or contribute to the damage of 
any trailing cable, the cable will be removed from service immediately 
and repaired or replaced. Additional precautions will be taken to 
ensure that in the future the cable is protected and maintained in safe 
operating condition; (12) permanent warning labels will be installed 
and maintained on the cover(s) of the power center identifying the 
location of each sealed or locked short-circuit protection device. The 
labels will warn miners not to change or alter the sealed short-circuit 
settings; (13) the alternative method will not be implemented until all 
miners who have been designated to examine the integrity of seals, 
verify the short-circuit settings, and proper procedures for examining 
trailing cables for defects and damage have received the elements of 
training; and (14) within 60 days after this petition is granted, 
proposed revisions to part 48 training plans will be submitted to the 
District Manager for the area in which the mines is located. The 
elements of training will include the following: (i) Training in mining 
methods and operating procedures that will protect the trailing cables 
against damage; (ii) training in the proper procedures for examining 
the trailing cables to ensure that the cables are in safe operating 
condition; (iii) training in hazards of setting the instantaneous 
circuit breakers too high to adequately protect the trailing cables; 
and (iv) training in how to verify that the circuit interrupting 
device(s) protecting the trailing cable(s) are properly set and 
maintained. The petitioner asserts that the proposed alternative method 
will at all times guarantee no less than the same measure

[[Page 81315]]

of protection to all miners at the Bailey Mine as would be provided by 
the existing standard.

    Dated: December 20, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-32355 Filed 12-23-10; 8:45 am]
BILLING CODE 4510-43-P