Petitions for Modification of Application of Existing Mandatory Safety Standards, 37838-37842 [2011-16084]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Pages 37838-37842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16084]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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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 submitted to the Mine Safety and Health 
Administration (MSHA) by the parties listed below to modify the 
application of existing mandatory safety standards codified 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 July 28, 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: Roslyn B. Fontaine, Acting 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: Roslyn B. Fontaine, Acting 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-2011-012-C.
    Petitioner: Patton Mining, LLC, 925 South Main Street, Hillsboro, 
Illinois 62049.
    Mine: Deer Run Mine, MSHA Mine I.D. No. 11-03182, located in 
Montgomery County, Illinois.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit mining through (or intersecting) of certain 
oil and gas wells located within the projected workings of the Deer Run 
Mine. The following procedures are proposed to be used for cleaning out 
and preparing vertical oil and gas wells prior to plugging or 
replugging: (1) The petitioner will completely clean out the well from 
the surface to at least 200 feet below the base of the lowest mineable 
coal seam, unless MSHA requires cleaning to a greater depth. All 
material will be removed from the entire diameter of the well, wall to 
wall. (2) The petitioner will prepare down-hole logs for each well. 
They will consist of a caliper survey and log(s) suitable for 
determining the top, bottom, and thickness of all coal seams and 
potential hydrocarbon-producing strata and the location for a bridge 
plug. In addition, a journal will be maintained describing the depth 
and nature of each material encountered, bit size and type used to 
drill each portion of the hole, length and type of each material used 
to plug the well, length of casing(s) removed, perforated or ripped or 
left in place, any sections where casing was cut or milled, and other 
pertinent information concerning cleaning and sealing the well. 
Invoices, work-orders, and other records relating to all work on the 
well will be maintained as part of this journal and provided to MSHA 
upon request. (3) When cleaning out the well, the petitioner will make 
a diligent effort to remove all of the casing in the well. If it is not 
possible to remove all of the casing, then appropriate steps will be 
taken to ensure that the annulus between the casing and the casings and 
the well walls are filled with expanding (minimum 0.5 percent expansion 
upon setting) cement and contain no voids. If the casing cannot be 
removed, it will be cut or milled at all mineable coal seam levels, and 
any casing that remains will be perforated or ripped. Perforations or 
rips are required at least every 50 feet from 200 feet below the base 
of the lowest mineable coal seam up to 100 feet above the uppermost 
mineable coal seam. When multiple casing and tubing strings are present 
in the coal horizon(s), any casing that remains will be ripped or 
perforated and filled with expanding cement. An acceptable casing bond 
log for each casing and tubing string is needed if used in lieu of 
ripping or perforating multiple strings. (4) If the completely cleaned-
out well emits excessive amounts of gas, a mechanical bridge plug will 
be placed in the well. The bridge plug will be placed in a competent 
stratum at least 200 feet below the base of the lowest mineable coal 
seam, but above the top of the uppermost hydrocarbon-producing stratum, 
unless the DM requires a greater distance. If it is not possible to set 
a mechanical bridge plug, an appropriately sized packer may be used. 
(5) If the uppermost hydrocarbon-producing stratum is within 300 feet 
of the base of the lowest mineable coal seam, the petitioner will 
properly place mechanical bridge plugs to isolate the hydrocarbon-
producing stratum from the expanding cement plug. The petitioner will 
place a minimum of 200 feet of expanding cement below the lowest 
mineable coal seam, unless MSHA requires a greater distance. The 
following procedures will be used for plugging and replugging vertical 
oil or gas wells to the surface: (1) After

[[Page 37839]]

completely cleaning out the well, the petitioner will pump expanding 
cement slurry down the well to form a plug that runs from at least 200 
feet below the base of the lowest mineable coal seam to the surface (or 
lower if required by MSHA). The expanding cement will be placed in the 
well under a pressure of at least 200 pounds per square inch. Portland 
cement or a lightweight cement mixture may be used to fill the area 
from 100 feet above the top of the uppermost mineable coal seam to the 
surface (or higher if required by MSHA). (2) The petitioner will embed 
steel turnings or other small magnetic particles in the top of the 
cement near the surface to serve as a permanent magnetic monument of 
the well. In the alternative, a 4\1/2\-inch or larger casing, set in 
cement, will extend at least 36 inches above the ground level with the 
API well number engraved or welded on the casing. When the hole cannot 
be marked with a physical monument (i.e., prime farmland), high-
resolution GPS coordinates (half-meter resolution) will be required. 
The following procedures will be used for plugging or replugging oil 
and gas wells for use as degasification boreholes: (1) After completely 
cleaning out the well, the petitioner will set a cement plug in the 
well by pumping an expanding cement slurry down the tubing to provide 
at least 200 feet of expanding cement below the lowest mineable coal 
seam unless MSHA requires a greater depth. The expanding cement will be 
placed in the well under a pressure of at least 200 pounds per square 
inch. The top of the expanding cement will extend at least 30 feet 
above the top of the coal seam being mined unless MSHA requires a 
greater distance. (2) The petitioner will securely grout into the 
bedrock of the upper portion of the degasification well a suitable 
casing to protect it. The remainder of this well may be cased or 
uncased. (3) The petitioner will fit the top of the degasification 
casing with a wellhead, equipped as required by the DM in the approved 
ventilation plan. Such equipment may include check valves, shut-in 
valves, sampling ports, flame arrestor equipment, and security fencing. 
(4) Operation of the degasification well will be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum methane concentrations that may be 
extracted. (5) After the area of the coal mine that is degassed by a 
well is sealed or the coal mine is abandoned, the petitioner will seal 
degas holes as follows: (i) The petitioner will insert a tube to the 
bottom of the drill hole or if not possible, to no greater than 100 
feet above the coal seam. Any blockage will be removed to ensure that 
the tube can be inserted to this depth; (ii) the petitioner will set a 
cement plug in the well by pumping Portland cement or a lightweight 
cement mixture down the tubing until the well is filled to the surface; 
and (iii) the petitioner will embed steel turnings or other small 
magnetic particles in the top of the cement near the surface to serve 
as a permanent magnetic monument of the well. In the alternative, a 
4\1/2\-inch or larger casing set in cement will extend at least 36 
inches above the ground level with the API well number engraved or 
welded on the casing. The following procedures will be used for 
preparing and plugging or replugging vertical oil and gas wells. This 
will apply to all wells that the petitioner determines and MSHA agrees 
cannot be completely cleaned out due to damage to the well caused by 
subsidence, caving, or other factors: (1) The petitioner will drill a 
hole adjacent and parallel to the well to a depth of at least 200 feet 
below the lowest mineable coal seam, unless MSHA requires a greater 
depth. (2) The petitioner will use a geophysical sensing device to 
locate any casing that may remain in the well. (3) If the well contains 
casing(s), the petitioner will drill into the well from the parallel 
hole. From 10 feet below the coal seam to 10 feet above the coal seam, 
all casings will be perforated or ripped at intervals of at least 5 
feet. Beyond this distance, the petitioner will perforate or rip at 
least every 50 feet from at least 200 feet below the base of the lowest 
mineable coal seam up to 100 feet above the seam being mined, unless 
MSHA requires a greater distance. The petitioner will fill the annulus 
between the casing and between the casings and the well wall with 
expanding (minimum 0.5 percent expansion upon setting) cement and 
contain no voids. If the petitioner, using a casing bond log can 
demonstrate to the satisfaction of the DM that all annuli in the well 
are already adequately sealed with cement, then the petitioner will not 
be required to perforate or rip the casing for that particular well or 
fill these areas with cement. When multiple casing and tubing strings 
are present in the coal horizon(s), any casing that remains will be 
ripped or perforated and filled with expanding cement as indicated 
above. An acceptable casing bond log for each casing and tubing string 
is needed if used in lieu of ripping or perforating multiple strings. 
(4) Where the petitioner determines and MSHA agrees that there is 
insufficient casing in the well to allow the method outlined above to 
be used, then the petitioner will use a horizontal hydraulic fracturing 
technique to intercept the original well. From at least 200 feet below 
the base of the lowest mineable coal seam to a point at least 50 feet 
above the seam being mined, the petitioner will fracture at least six 
places at intervals to be agreed upon by the petitioner and the DM 
after considering the geological strata and the pressure within the 
well. The petitioner will then pump expanding cement into the fractured 
well in sufficient quantities and in a manner that fills all 
intercepted voids. (5) The petitioner will prepare down-hole logs for 
each well. They will consist of a caliper survey and log(s) suitable 
for determining the top, bottom, and thickness of all coal seams and 
potential hydrocarbon-producing strata and the location for a bridge 
plug. In addition, a journal will be maintained describing the depth of 
each material encountered, the nature of each material encountered, bit 
size and type used to plug the well, length of casing(s) removed, 
perforated or ripped or left in place, any sections where casing was 
cut or milled, and other pertinent information concerning cleaning and 
sealing the well. Invoices, work-orders, and other records relating to 
all work on the well will be maintained as part of this journal and 
provided to MSHA upon request. (6) After the petitioner has plugged the 
well, the petitioner will plug the open portions of both holes from the 
bottom to the surface with Portland cement or a lightweight cement 
mixture. The petitioner will embed steel turnings or other small 
magnetic particles in the top of the cement near the surface to serve 
as a permanent magnetic monument of the well. In the alternative, a 
4\1/2\-inch or larger casing set in cement will extend at least 36 
inches above the ground level. After approval has been granted by the 
DM to mine within the safety barrier (50 feet from any well), or mine 
through a plugged or replugged well, the following procedures will 
apply: (1) The petitioner will mine through a well on a shift approved 
by the DM. The petitioner will notify the DM and the miner's 
representative in sufficient time prior to mining through a well to 
provide an opportunity to have a representative present. (2) When using 
continuous mining methods, the petitioner will install drivage sights 
at the last open crosscut near the place to be mined to ensure 
intersection of the well. The drivage sights will not be more than 50 
feet from the well. When using longwall mining methods, drivage sights 
will be installed on 10-foot

[[Page 37840]]

centers for a distance of 50 feet in advance of the well. The drivage 
sights will be installed in the headgate and tailgate. (3) The 
petitioner will ensure that fire-fighting equipment, including fire 
extinguishers, rock dust, and sufficient fire hose to reach the working 
face area of the mine-through (when either the conventional or the 
continuous mining method is used) is available and operable during all 
well mine-throughs. The fire hose shall be located in the last open 
crosscut of the entry or room. The petitioner will maintain the water 
line to the belt conveyor tailpiece along with a sufficient amount of 
fire hose to reach the farthest point of penetration of the section. 
When the longwall mining method is used, a hose to the longwall water 
supply is sufficient. All fire hoses will be connected and ready for 
use, but do not have to be charged with water, during the cut-through. 
(4) The petitioner will ensure that sufficient supplies of roof support 
and ventilation materials are available and are located at the last 
open crosscut. In addition, emergency plugs and suitable sealing 
materials will be available in the immediate area of the well 
intersection. (5) Minimum ventilation air quantities to be maintained 
in the working face during the period from when mining is within 50 
feet of the well location until the post-cut-through inspection or 
mining progresses at least 50 feet past the well location will be 
specified in the approved ventilation plan. (6) All equipment will be 
serviced and checked for permissibility on the shift prior to mining 
through the well. (7) Methane monitor(s) will be calibrated on the 
longwall, continuous mining machine, or cutting machine and loading 
machine on the shift prior to mining through the well. (8) When mining 
is in progress, the petitioner will test for methane with a hand-held 
methane detector at least every 10 minutes from the time mining with 
the continuous mining machine or longwall face is within 30 feet of the 
well until the well is intersected and immediately prior to mine-
through. During the actual cutting process, no individual will be 
allowed on the return side until the mine-through is complete and the 
area has been examined and declared safe. Workplace examinations will 
be conducted on the return side of the shearer while the shearer is 
idle. (9) When using continuous or conventional mining methods, the 
working place will be free from accumulations of coal dust and coal 
spillages and rock dust will be 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 the headgate and the tailgate gob. (10) When the well 
is intersected, the petitioner will de-energize all equipment, 
thoroughly examine it, and determine the area safe before mining is 
resumed. (11) After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a sufficient 
distance to permit adequate ventilation around the area of the well. 
(12) If the casing is cut or milled at the coal seam level, the use of 
torches should not be necessary. However, in rare instances torches may 
be used for inadequately or inaccurately cut or milled casings. No open 
flame will be permitted in the area until adequate ventilation has been 
established around the well bore and methane levels of less than 1.0 
percent are present in all areas that will be exposed to flames and 
sparks from the torch. The petitioner will apply a thick layer of rock 
dust to the roof, face, floor, ribs, and any exposed coal within 20 
feet of the casing prior to any use of torches. (13) Non-sparking 
(brass) tools will be located on the working section and will be used 
to expose and examine cased wells. (14) No person will be permitted in 
the area of the mine-through operation except those actually engaged in 
the operation, including company personnel, representatives of the 
miners, personnel from MSHA, and personnel from the appropriate State 
agency. (15) The petitioner will alert all personnel in the mine to the 
planned intersection of the well prior to their going underground if 
the planned intersection is to occur during their shift. This warning 
will be repeated for all shifts until the well has been mined through. 
(16) The mine-through operation will be under the direct supervision of 
a certified individual. Instructions concerning the mine-through 
operation will be issued only by the certified individual in charge. 
The petitioner states that: (1) Within 30 days after this petition 
becomes final, the petitioner will submit proposed revisions for its 
approved 30 CFR part 48 training plan to the district manager. These 
proposed revisions will include initial and refresher training 
regarding compliance with the terms and condition stated in the 
petition. All miners involved in the mine-through of a well will be 
trained regarding the requirements of this petition prior to mining 
within 150 feet of the next well intended to be mined through; (2) the 
person responsible for well intersection emergencies will review the 
well intersection procedures prior to any planned intersection; and (3) 
within 30 days after this petition becomes final, the petitioner will 
submit proposed revisions for its approved mine emergency and 
firefighting plan. The petitioner will revise the plans to include the 
hazards and evacuation procedures to be used for well intersections. 
All underground miners will be trained in this revised plan within 30 
days of the submittal of the revised evacuation plan. Persons may 
review a complete description of petitioner's alternative method and 
procedures at the MSHA address listed in this petition. The petitioner 
asserts that the proposed alternative method will at all times 
guarantee no less than the same measure of protection afforded miners 
under the existing standard.
    Docket Number: M-2011-013-C.
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
Virginia 24282.
    Mine: Darby Fork No. 1 Mine, MSHA I.D. No. 15-02263, 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 two evaluation points to be established for 
weekly evaluation of a return entry in the Lower 7-Right panel of the 
return entry air course due to a rock fall. The petitioner states that: 
(1) Two evaluation points will be located at break 39 and break 36 in 
the Lower 7-Right panel to monitor air quality and quantity entering 
and exiting the hazardous area. (2) A certified person will examine 
each of the evaluation points at least every 7 days to include the 
following: (a) Examine for hazards on the approaches to and at the 
evaluation points; (b) evaluate and measure the quality and quantity of 
air flowing past the evaluation points; (c) air quality measurements 
will determine the methane, oxygen, and carbon monoxide concentrations 
using a MSHA-approved hand-held device; (d) air quantity measurements 
will be made using an appropriately calibrated anemometer; (e) 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; (f) at 
these evaluation points, 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 will cause an immediate examination 
and evaluation of the cause; (g) appropriate corrective action will be 
taken and a new initial airflow will be determined and serve as the 
basis for subsequent evaluations; (h)

[[Page 37841]]

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 (i) record the results of each weekly examination in a book 
maintained on the surface. (3) The permanent ventilation controls and 
evaluation points will be shown on the annual mine ventilation map. (4) 
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 existing 
standard.
    Docket Number: M-2011-014-C.
    Petitioner: Tunnel Ridge, LLC, 2596 Battle Run Road, Triadelphia, 
West Virginia 26059.
    Mine: Tunnel Ridge Mine, MSHA Mine I.D No. 46-08864, located in 
Ohio County, West Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the length of trailing cable(s) used within 
the Tunnel Ridge Mine to be increased. The petitioner states that: (1) 
This petition will apply only to trailing cables that supply 995-volt 
three-phase, alternating current (``AC'') to continuous mining 
machine(s), trailing cables that supply 600-volt, three-phase AC to 
loading machines, roof bolting machines, shuttle cars, and section 
ventilation fans, and trailing cables that supply 600-volt direct 
current (``DC'') to shuttle cars; the trailing cables will have a 90-
degree insulation rating. (2) Extended length trailing cable(s) used on 
AC shuttle cars will be three-conductor cable, either Type G-GC, Type 
G, or Type G+GC; when a Type G-GC or Type G+GC trailing cable is used 
with wireless ground-wire monitoring, the ground-check conductor will 
be connected as a ground conductor. (3) The maximum length of the 
continuous mining machine(s) trailing cable when using 2/0 
American Wire Gauge (AWG) will not exceed 950 feet. The maximum length 
of the loader(s), shuttle car(s), roof bolter(s), and section 
ventilation fan(s) trailing cables will not exceed 950 feet. However, 
1,000 feet of cable may be used when using 4/0 AWG on 
continuous mining machine(s). (4) The trailing cable(s) for the 995-
volt continuous mining machine(s) and 600 volt section ventilation 
fan(s) will not be smaller than 2/0 AWG. (5) The trailing 
cable(s) for the 600 volt AC loading machine(s) and 600 volt AC shuttle 
car(s) will not be smaller than 2 AWG. (6) The trailing 
cable(s) for the 600 volt roof bolter(s) will not be smaller than 
4 AWG. (7) The trailing cables for the 600 volt DC shuttle 
cares will not be smaller than 2/0 AWG. (8) All circuit breakers used 
to protect 4 AWG trailing cables exceeding 600 feet in length 
will have instantaneous trip units calibrated to trip at 500 amperes. 
The trip setting of these circuit breakers will be sealed or locked, 
and will have permanent, legible labels. The label will identify the 
circuit breaker as being suitable for protecting 4 AWG cables. 
The label will be maintained in legible condition. (9) Replacement 
circuit breakers and/or instantaneous trip units used to protect 
4 AWG trailing cables will be calibrated to trip at 500 
amperes and this setting will be sealed or locked. (10) 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 these circuit breakers will be sealed 
or locked, and will have permanent, legible labels. The label will 
identify the circuit breaker as being suitable for protecting 
2 AWG cables. The label will be maintained in legible 
condition. (11) Replacement circuit breakers and/or 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. (12) All circuit breakers used to protect 2/0 AWG 
trailing cables exceeding 850 feet in length will have instantaneous 
trip units calibrated to trip at 1,500 amperes. The trip setting of 
these circuit breakers will be sealed or locked, and these circuit 
breakers will have permanent, legible labels. The label will identify 
the circuit breaker as being suitable for protecting 2/0 AWG 
cables. The label will be maintained in legible condition. (13) 
Replacement circuit breakers and/or instantaneous trip units used to 
protect 2/0 AWG trailing cables will be calibrated to trip at 
1,500 amperes and this setting will be sealed or locked. (14) All 
components that provide short-circuit protection will have sufficient 
interruption rating in accordance with the maximum calculated fault 
currents available. (15) 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 no have 
seals removed or tampered with and that they do not exceed the settings 
stipulated in this petition. (16) Any trailing cable that is not in a 
safe operating condition will be removed from service immediately and 
repaired or replaced. (17) Each splice or repair in the trailing cables 
of a continuous miner(s), loader(s), shuttle car(s), roof bolter(s), 
and ventilation fan(s) 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. 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. (18) 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 
sealed short-circuit settings, and any sign of tampering with the 
specially calibrated breaker or trip unit will require the replacement 
of the circuit breaker with another calibrated, sealed and/or locked 
trip unit. (19) 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 haulage roads and 
trailing cable storage areas are situated to minimize contact of the 
trailing cable with continuous miner(s), loading machine(s), shuttle 
car(s), roof bolter(s), and section ventilation fan(s). Trailing cable 
anchors on cable reel equipment will be of the permanent type that 
minimizes the tensile forces on the trailing cables. (20) Where the 
method of mining would require that trailing cables cross roadways or 
haulageways, the cables will be securely supported from the mine roof 
or a substantial bridge for equipment to pass over the cables will be 
used. (21) Excessive cable will be stored behind the anchor(s) on 
equipment that use cable reels to prevent cable(s) from overheating. 
(22) The proposed alternative method will not be implemented until all 
miners designated to examine the integrity of the seals, verify the 
short-circuit settings, and examine trailing cables for defects have 
received training in: (a) The hazards of setting the short-circuit 
device(s) too high to adequately protect the trailing cables; (b) how 
to verify that the circuit interrupting device(s) protecting the 
trailing cable(s) are properly set and maintained; (c) mining

[[Page 37842]]

methods and training to protect the trailing cable(s) against damage 
caused by overheating cable(s) due to excessive cable stored on the 
cable reel(s) and adjusting stored cable behind the cable anchor(s) as 
tramming distances change; and (d) proper procedures for examining the 
trailing cable(s) to ensure that the cable(s) are in safe operating 
condition by a visual inspection of the entirety of the cable(s), 
observing the insulation, the integrity of the splices, and observing 
for nicks and abrasions. (23) Within 60 days after this proposed 
decision and order becomes final, proposed revisions for the approved 
Part 48 training plan will be submitted to the District Manager. The 
petitioner asserts that the proposed alternative method will at all 
times provide no less than the same measure of protection afforded by 
the existing standard.
    Docket Number: M-2011-015-C.
    Petitioner: TK Mining Services, LLC, 12250 Hwy 12, Weston, Colorado 
81091.
    Mine: New Elk Mine, MSHA Mine I.D No. 05-00296, located in Las 
Animas County, Colorado.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance)
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of non-permissible survey, 
diagnostic, photographic and programming equipment throughout the 
entire mine. The petitioner proposes to use the non-permissible 
equipment to help with development, exploration of entries, and 
maintenance of mining equipment. The petitioner states that: (1) The 
equipment is very vital in keeping the entries going in the proper 
direction and maintaining equipment for the safety of the miners; (2) 
the equipment will be examined by a qualified person for defects prior 
to usage underground; (3) a qualified person will thoroughly examine 
for methane and other hazardous conditions prior to use and every 20 
minutes or sooner if needed; and (4) all equipment and activity will 
stop immediately if the surrounding mine's atmosphere contains 1.0 
percent or greater of methane, or if hazardous concentrations of coal 
dust or other hazards are observed. The petitioner asserts that every 
precaution will be taken to guarantee the safety of every miner working 
at the New Elk Mine. If the situation is not safe this equipment will 
not be used until the area is safe or made safe, and at no time will a 
miner be in danger.

    Dated: June 22, 2011.
Patricia W. Silvey,
Certifying Officer .
[FR Doc. 2011-16084 Filed 6-27-11; 8:45 am]
BILLING CODE 4510-43-P