Petitions for Modification of Application of Existing Mandatory Safety Standards, 27092-27096 [2012-11034]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Notices]
[Pages 27092-27096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11034]


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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 June 7, 2012.

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: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of 
Standards, Regulations and Variances. Persons delivering documents are 
required to check in at the receptionist's desk on the 21st floor. 
Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.
    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.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
barron.barbara@dol.gov (Email), or 202-693-9441 (Facsimile). [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 of Labor 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-2012-066-C.
    Petitioner: Perry County Coal Corporation, 1845 S. KY Hwy. 15, 
Hazard, Kentucky 41701.
    Mine: E3-1 Mine, MSHA I.D. No. 15-18662; E4-1 Mine, MSHA I.D. No. 
15-18565; and E4-2 Mine, MSHA I.D. No. 15-19015, located in Perry 
County, Kentucky.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of battery-powered nonpermissible 
surveying equipment in and inby the last open crosscut, including, but 
not limited to, portable battery-operated mine transits, total station 
surveying equipment, distance meters, and laptop computers. The 
petitioner proposes to use up-to-date, practical, and accurate 
technology in the preparation of mine maps to ensure the safety of the 
miners by providing proper and accurate mining directional control in 
the mine. The petitioner states that:
    (1) Underground mining, by its nature, size, and complexity, and 
the relative closeness to other abandoned mines, gas/oil wells, and 
other features, requires that accurate and precise measurements be 
completed in a prompt and efficient manner. The use of currently 
available non-electronic equipment is less accurate and less dependable 
than the available electronic equipment and requires more exposure of 
surveyors to hazardous mining environments.
    (2) Application of the existing standard will result in a 
diminution of safety to the miners.
    (3) As an alternative method, the petitioner will examine all 
nonpermissible electronic surveying equipment to ensure that the 
equipment is being maintained in a safe operating condition prior to 
use in or inby the last open crosscut. The petitioner will have a 
qualified person, as defined in 30 CFR 75.153, to examine the equipment 
at intervals not to exceed 7 days. Results of the examinations will be 
recorded in the weekly examination of electrical equipment book. The 
examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case;
    (ii) Removing the battery and inspecting for corrosion and damage;
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery;
    (iv) Reinserting the battery and powering up and shutting down the 
instrument to ensure proper connections; and
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (4) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in or inby the last open crosscut 
or in the return.
    (5) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above 1.0 percent. When 1.0 percent 
or more

[[Page 27093]]

of methane is detected while the nonpermissible surveying equipment is 
being used, the equipment will be deenergized immediately and the 
nonpermissible electronic equipment will be withdrawn out of the 
return.
    (6) Nonpermissible surveying equipment will not be used in areas 
where float coal dust is in suspension. Batteries contained in the 
surveying equipment will be changed out or charged in fresh air and not 
in the return.
    (7) Qualified personnel who use the surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of nonpermissible surveying equipment.
    (8) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with the terms and conditions in this 
petition.
    (9) Within 60 days after the Proposed Decision and Order 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 specify initial and refresher training regarding the 
terms and conditions stated in the Proposed Decision and Order.
    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-2012-067-C.
    Petitioner: Sunrise Coal, LLC, 1183 East Canvasback Drive, Terre 
Haute, Indiana 47802.
    Mine: Carlisle Mine, MSHA I.D. No. 12-02349, 1466 East State Road 
58, Carlisle, Indiana 47838, located in Sullivan County, Indiana.
    Regulation Affected: 30 CFR 75.705 (Work on high-voltage lines; 
deenergizing and grounding).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit work on high-voltage lines during testing 
of the CDC/NIOSH-funded, Microdesign, Inc., Communication System using 
power lines as a mine distribution channel. The petitioner states that:
    (1) One implementation of this system involves using radio 
frequency (RF) signal couplers that are loosely placed around the high-
voltage cable over the cable guard (``distribution line couplers''). 
This system requires knocking high-voltage breakers multiple times, 
locking and tagging out the cable, and reenergizing the cable once the 
distribution line couplers have been repositioned. By implementing 
safeguards and policies concerning the handling of high-voltage cable, 
an improvement in safety can be achieved by limiting the amount of 
times the breaker is opened and closed.
    (2) Data is collected by programmable radio equipment that is 
either attached to the distribution line couplers, other RF couplers 
plugged in the power center, or power transformer (PT) provided 120 
volts AC outlets or antennas. (U.S. Patent 8,116,714 describes some of 
the equipment that we use for these tests and several relevant 
applications.)
    (3) The Carlisle Mine uses 12, 470 volts in high-voltage 
distribution lines. The high-voltage distribution lines are maintained 
in compliance with 30 CFR 75.800 through 75.811.
    (4) The distribution line couplers are passive and greatly 
attenuate signals below a few kHz.
    (5) Before installation or removal of the distribution line 
couplers, the high-voltage line will be visually examined by a 
qualified person (as defined 30 CFR 75.153).
    (6) Testing will not be done in wet conditions.
    (7) The installation or removal of the distribution line couplers 
will be done by a qualified person as defined in 30 CFR 75.153.
    (8) During installation and removal of the distribution line 
couplers, Class 2 insulating gloves with leather protective gloves will 
be worn. Class 2 gloves are rated to 17,000 volts and will be 
electrically tested every six months in accordance with a nationally 
recognized standard. The gloves will be visually inspected before each 
use and the insulating gloves will be field air-tested before each use 
to ensure their effectiveness. A sufficient storage facility will be 
provided for the cable handling protective equipment and clearly marked 
to indicate its purpose, and the facility will be examined weekly to 
assure that the equipment is present.
    (9) This petition will only be used at the Carlisle Mine during 
field testing of the Northern Microdesign Communication System or a 
derivative commercial product that uses the same components.
    The petitioner asserts that this proposed alternative method will 
provide at least the same level of protection of personnel as that 
afforded by the existing standard.
    Docket Number: M-2012-068-C.
    Petitioner: Little Buck Coal Company 2, 33 Pine Lane, Pine 
Grove, Pennsylvania 17963.
    Mine: Buck Mt. Slope Mine, MSHA I.D. No. 36-09860, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) and (i) (Mine maps).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the substitution of cross-sections in lieu 
of contour lines through the intake slope, at locations of rock tunnel 
connections between veins, and at 1,000-foot intervals of advance from 
the intake slope. The petitioner also requests to limit the required 
mapping of mine workings above and below to those present within 100 
feet of the vein(s) being mined unless these veins are interconnected 
to other veins beyond the 100 feet limit through rock tunnels. The 
petitioner states that:
    (1) Due to the steep pitch encountered in mining anthracite coal 
veins, contours provide no useful information and their presence would 
make portions of the map illegible.
    (2) Use of cross-sections in lieu of contour lines has been 
practiced since the late 1800's. Cross-sections provide critical 
information relative to the spacing between veins and proximity to 
other mine workings that fluctuate considerably.
    (3) The vast majority of current underground anthracite mining 
involves either second mining of remnant pillars from previous mining/
mine operators or the mining of veins of lower quality in proximity to 
inaccessible and frequently flooded abandoned mine workings that may or 
may not be mapped.
    (4) All mapping for mines above and below is researched by our 
contract engineer for the presence of interconnecting rock tunnels 
between veins in relation to our mine. A hazard analysis will be done 
when mapping indicates the presence of known or potentially flooded 
workings.
    (5) Mine workings found to exist beyond 100 feet from our mine, 
when no rock tunnel connections are found, are recognized as presenting 
no hazard to our mine due to the pitch of the vein and rock separation 
between.
    (6) Additionally, the mine workings above and below are usually 
inactive and abandoned and, therefore, not subject to changes during 
the life of the mine.
    (7) Where evidence indicates that prior mining was conducted on a 
vein above and below, and research has been exhausted on the 
availability of mine mapping, the vein will be considered to be mined 
and flooded, and appropriate precautions taken under 30 CFR 75.388, 
where possible.
    (8) Where potential hazards exist and in-mine drilling capabilities 
limit penetration, surface boreholes may be used to intercept the 
workings, and

[[Page 27094]]

results will be analyzed prior to the beginning of mining in the 
affected area.
    The petitioner asserts that the proposed alternative method will 
provide at least the same measure of protection afforded the miners 
under the existing standard.
    Docket Number: M-2012-069-C.
    Petitioner: Little Buck Coal Company 2, 33 Pine Lane, Pine 
Grove, Pennsylvania 17963.
    Mine: Buck Mt. Slope, MSHA I.D. No. 36-09860, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary 
notations, revisions, and supplements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the required interval of surveys to be 
established on an annual basis from the initial survey in lieu of the 
currently required 6-month interval. The petitioner states that:
    (1) The map at the mine will continue to be updated by hand 
notations on a daily basis and subsequent surveys will be conducted 
prior to commencing retreat mining and whenever a drilling program 
under 30 CFR 75.388 or plan for mining into inaccessible areas under 
Sec.  75.389 is required.
    (2) The low production and slow rate of advance in anthracite 
mining make surveying on 6-month intervals impractical. In most cases 
annual development is frequently limited to less than 500 feet of 
gangway advance with associated up-pitch development.
    (3) The vast majority of small anthracite mines are non-mechanized 
and use hand-loading methods of mining.
    (4) Development above the active gangway is designed to mine into 
the level above at designated intervals, thereby maintaining sufficient 
control between both surveyed gangways.
    (5) The available engineering/surveyor resources are limited in the 
anthracite coal fields, with surveying on an annual basis difficult to 
achieve with four individual contractors currently available.
    The petitioner asserts that the proposed alternative method will 
provide at least the same measure of protection afforded the miners 
under the existing standard.
    Docket Number: M-2012-070-C.
    Petitioner: Little Buck Coal Company 2, 33 Pine Lane, Pine 
Grove, Pennsylvania 17963.
    Mine: Buck Mt. Slope Mine, MSHA I.D. No. 36-09860, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard for cages, platforms, or other devices used to 
transport persons in shafts or slopes in underground coal mines. The 
petitioner seeks to permit the use of a slope conveyance (gunboat) to 
transport persons without installing safety catches or other no less 
effective devices but instead use an increased rope strength/safety 
factor and secondary safety rope connection in place of such devices. 
The petitioner states that:
    (1) The haulage slope of this anthracite mine is typical of those 
in the anthracite region, with a relatively high angle and frequently 
changing pitches.
    (2) A functional safety catch capable of working in slopes with 
knuckles and curves is not commercially available. A makeshift device 
would be activated on or by knuckles or curves when no emergency 
exists. Activation of a safety catch can damage the haulage system and 
subject persons being transported to hazards from dislodged timbering, 
roof material, or guide rails, and to being battered about within the 
conveyance.
    (3) A safer alternative is to provide secondary safety connections 
securely fastened around the gunboat and to the hoisting rope above the 
main termination and use a hoisting rope having a safety factor greater 
than that recommended in the American Standards Specifications for the 
Use of Wire Rope in Mines or at least three times greater than the 
strength required under 30 CFR 75.1431(a).
    The petitioner asserts that the proposed alternative method will 
provide at least the same measure of protection afforded the miners 
under the existing standard.
    Docket Number: M-2012-071-C.
    Petitioner: Little Buck Coal Company 2, 33 Pine Lane, Pine 
Grove, Pennsylvania 17963.
    Mine: Little Buck Slope Mine, MSHA I.D. No. 36-09958, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard for cages, platforms, or other devices used to 
transport persons in shafts or slopes in underground coal mines. The 
petitioner seeks to permit the use of a slope conveyance (gunboat) to 
transport persons without installing safety catches or other no less 
effective devices but instead use an increased rope strength/safety 
factor and secondary safety rope connection in place of such devices. 
The petitioner states that:
    (1) The haulage slope of this anthracite mine is typical of those 
in the anthracite region, with a relatively high angle and frequently 
changing pitches.
    (2) A functional safety catch capable of working in slopes with 
knuckles and curves is not commercially available. A makeshift device 
would be activated on or by knuckles or curves when no emergency 
exists. Activation of a safety catch can damage the haulage system and 
subject persons being transported to hazards from dislodged timbering, 
roof material, or guide rails, and to being battered about within the 
conveyance.
    (3) A safer alternative is to provide secondary safety connections 
securely fastened around the gunboat and to the hoisting rope above the 
main termination and use a hoisting rope having a safety factor greater 
than that recommended in the American Standards Specifications for the 
Use of Wire Rope in Mines or at least three times greater than the 
strength required under 30 CFR 75.1431(a).
    The petitioner asserts that the proposed alternative method will 
provide at least the same measure of protection afforded the miners 
under the existing standard.
    Docket Number: M-2012-072-C.
    Petitioner: Consolidation Coal Company, 1000 CONSOL Energy Drive, 
Canonsburg, Pennsylvania 15317-6506.
    Mine: Loveridge No. 22 Mine, MSHA I.D. No. 46-01433, Metz Portal, 
Fairview, West Virginia 26570, located in Marion County, West Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(2) (Portable trailing cables and 
cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables for 
supplying power to loading machines to be increased to 1,000 feet. The 
petitioner states that the Loveridge No. 22 Mine is developing longwall 
panels as part of a continuing mining cycle. 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. 
Ventilation is also improved by limiting the number of stoppings, which 
have a built-in ventilation pressure loss factor. The Loveridge No. 22 
mine is also developing main and submain sections as part of the 
continuing mining cycle. Enclosures No. 1 and 2 attached to the 
petition indicate typical entry development section prints showing the 
need for cable lengths greater than 700 feet for this development 
system. Enclosure No. 3 attached to the petition is a summary of short-
circuit calculations justifying the instantaneous trip setting for the 
circuit breakers

[[Page 27095]]

protecting the trailing cables supplying power to 995-volt loading 
machines in the Loveridge No. 22 Mine. To examine or obtain a copy of 
the petition and enclosures, contact MSHA using the information in the 
``For Further Information Contact'' section of this notice.
    The petitioner proposes to use the following procedures as an 
alternative to the existing standard:
    (1) This petition will apply only to trailing cables supplying 
three-phase 995-volt power to loading machines.
    (2) The maximum lengths of the trailing cables will be 1,000 feet.
    (3) All trailing cables exceeding 700 feet in length and supplying 
three-phase 995-volt power to loading machines will be 2 
American Wire Gauge (AWG) or larger.
    (4) 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 these circuit breakers will have 
permanent, legible labels. The calibration, sealing, and labeling will 
be performed by the manufacturer or at a repair facility outfitted with 
calibrated test equipment. Each label will identify the circuit breaker 
as being suitable for protecting 2 AWG cables. The labels will 
be maintained in legible condition.
    (5) 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. The calibration, sealing, and 
labeling will be performed by the manufacturer or at a repair facility 
outfitted with calibrated test equipment.
    (6) 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 described in paragraphs (4) and 
(5) above.
    (7) Any trailing cables that are not in safe operating condition 
will be removed from service immediately and repaired or replaced.
    (8) Each splice or repair in the trailing cables will be made in a 
workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice or repair materials. The 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.
    (9) 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 operation condition.
    (10) 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. These labels will warn miners 
not to change or alter these sealed short-circuit settings.
    (11) The alternative method will not be implemented until all 
miners who have been designated to examine the integrity of seals and 
verify the short-circuit settings and proper procedures for examining 
trailing cables for defects and damage have received the elements of 
training specified in paragraph (12) below.
    (12) Within 60 days after this petition is granted, the petitioner 
will submit proposed revisions for their approved 30 CFR part 48 
training plans to the District Manager. The training will include the 
following elements:
    (a) Mining methods and operating procedures that will protect the 
trailing cables against damage.
    (b) Proper procedures for examining the trailing cables to ensure 
that the cables are in safe operating conditions.
    (c) The hazards of setting the instantaneous circuit breakers too 
high to adequately protect the trailing cables.
    (d) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained. The 
procedures of 30 CFR 48.3 for approval of proposed revisions to already 
approved training plans will apply.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee at least the same measure of protection to the 
miners as would be provided by the existing standard.
    Docket Number: M-2012-073-C.
    Petitioner: Jim Walter Resources, Inc., 3000 Riverchase Galleria, 
Suite 1700, Birmingham, Alabama 35244.
    Mine: No. 4 Mine, MSHA I.D. No. 01-01247, 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 
boreholes of return and bleeder entries outby the last open crosscut. 
The power connection points would not be ventilated with intake air in 
the No. 4 Mine. The petitioner states that:
    (1) In March 2012, the No. 4 Mine was idle for approximately eight 
days due to water accumulations in the areas covered by this petition.
    (2) The No. 4 Mine is a bituminous coal mine that uses continuous 
mining and longwall mining machinery.
    (3) The three-phase 2,400-volt or 4,160-volt alternating-current 
electric power circuit(s) for the pump(s) will be designed and 
installed to:
    (a) Contain either a direct or derived neutral wire that must be 
grounded through a suitable resistor at the source transformer or power 
center and through a grounding resistor that must extend along with the 
power conductors and serve as the grounding conductor for the frame of 
the pump and all associated electric equipment that may be supplied 
power from this circuit. The borehole casing will be bonded to the 
system grounding medium.
    (b) Contain a grounding resistor that limits the ground-fault 
current to not more than the values listed below:
    (i) For circuits of 2,400 volts or less: 6.5 amperes.
    (ii) For circuits of 2,400 volts: 3.75 amperes.
    (c) The grounding resistor(s) must be rated for the maximum fault 
current available and insulated from ground for a voltage equal to the 
phase-to-phase voltage of the system.
    (4) The high-voltage pump circuit(s) will be provided with a 
suitable circuit interrupting device of adequate interrupting capacity 
with devices to provide protection against undervoltage, grounded-
phase, short-circuit, and overload.
    (5) The undervoltage protection device must operate on a loss of 
voltage to prevent automatic restarting of the equipment.
    (6) The grounded-phase protection device will be provided as 
follows:
    (a) The grounded-phase protection device must be set not to exceed 
40 percent of the current rating of the neutral grounding resistor.
    (b) The high-voltage circuit must also provide the following:
    (i) A ``look ahead'' circuit device to prevent closing the 
contactor when a phase to ground fault condition exists on the system.
    (ii) A test circuit that will inject a test current through the 
grounded-phase current transformer.
    (7) The short-circuit protection device will not be set to exceed 
the required short-circuit protection for the power cable or 75 percent 
of the minimum available phase-to-phase short circuit current, 
whichever is less.

[[Page 27096]]

    (8) The power system must contain a disconnecting device located on 
the surface and installed in conjunction with the contactor to provide 
the following:
    (a) A means to provide visual evidence that the power is 
disconnected from the pump circuit(s).
    (b) A means to lock, tag-out, and ground the system.
    (c) The high-voltage circuit will be designed to prevent entry into 
the pump controller unless the disconnect handle is in the off position 
and the circuit is grounded.
    (d) The disconnect 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.''
    (9) The pump power system(s) must include a fail-safe ground check 
circuit or other no less effective device approved by MSHA that must 
cause either a circuit breaker or a contactor to open when either the 
ground or pilot wire is broken. This device must be installed and 
maintained operable to monitor the ground continuity from the starter 
box to the wall head.
    (10) The incoming high-voltage three-phase alternating current 
system must be provided with a low-resistance grounded medium for the 
grounding of the lightning arrestors for the pump power circuit(s) that 
is separated from the mine neutral grounding medium by a distance of 
not less than 25 feet.
    (11) A motor controller must be provided and used for pump start-up 
and shut-down. The pressure differential switch will be designed and 
installed in a manner that ensures that the pump motors cannot start 
and/or run in either the manual or automatic mode if the water is lower 
than 30 feet above the pump inlet, the motor, or the electrical 
connections of the pumps. The electric control circuits of the pumps 
will be designed and installed with both a pressure differential switch 
(PDS) and an under-current recognition device (UCR) that will function 
independently as redundant mechanisms for deenergizing the pump motor. 
Both the PDS and the UCR will be suitable for use with a submersible 
pump. The under-current trip level would be set at 10 percent less than 
normal operating current. Over-current, ground fault, and overload 
fault protection will not be able to be reset from a remote start-up or 
shut-down control location.
    (12) The surface pump(s) control and power circuits must be 
examined as required by 30 CFR 77.502.
    (13) The power cable(s) to the submersible pump motor must be 
suitable for this application and have a current carrying capacity not 
less than 125 percent of the full load current of the submersible pump 
motor and an outer jacket suitable for a ``wet location.'' Optional 
high-voltage cable (or cabling) to be used for deep-well pump 
application will include cabling that is armor-jacketed with a 
continuous armor interlocking jacket. This armor will make contact with 
the pump discharge casing in each area that is banded to the casing. 
The armor will be grounded to the grounded side of the neutral 
grounding resistor located at the source transformers. The pump 
discharge casing will also be grounded to the grounded side of the 
neutral grounding resistor.
    (14) Splices and connections made in submersible pump cables will 
be made in a workmanlike manner and meet the requirements of 30 CFR 
75.604.
    (15) The pump installations will comply with all other applicable 
title 30 CFR requirements.
    (16) The petitioner will notify the District Manager during a 
normal business day when it has plans to operate a high-voltage 
deepwell pump for the first time (including the planned date of 
operation). Upon receiving the petitioner's notice, the District 
Manager will have an opportunity to inspect the already-installed pump 
and the pump's electrical system(s) prior to initial operation. The 
operator may proceed to operate the pump pursuant to this petition for 
modification if the District has not completed the inspection of the 
pump and the pump's electrical system(s) the next business day after 
receiving the operator's notice of the planned initial operation.
    (17) Within 60 days after this petition for modification is 
granted, the petitioner will submit proposed revisions for its approved 
30 CFR part 48 training plan to the District Manager. These revisions 
will specify task training for all qualified mine electricians who 
perform electric work and monthly electric examinations as required by 
30 CFR 77.502, and refresher training regarding the alternative method 
outlined in the petition and the terms and conditions stated in the 
petition.
    (18) The procedures of 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners by the existing standard.

     Dated: May 3, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-11034 Filed 5-7-12; 8:45 am]
BILLING CODE 4510-43-P