Petitions for Modification of Application of Existing Mandatory Safety Standards, 55297-55299 [2013-21915]
Download as PDF
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Notices
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, 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
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 October 10, 2013.
ADDRESSES: 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: 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:
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
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
VerDate Mar<15>2010
16:10 Sep 09, 2013
Jkt 229001
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–2013–035–C.
Petitioner: Five Star Mining, Inc.,
6594 West State Road 56, Petersburg,
Indiana 47567.
Mine: Prosperity Mine, MSHA I.D.
No. 12–02249, located in Pike County,
Indiana.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance), 30 CFR 18.35(a)(5)(i)(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 for
supplying power to permissible pumps
in the Prosperity Mine. The petitioner
states that:
(1) This petition will apply only to
trailing cables supplying three-phase,
480-volt, 3-phase power for permissible
pumps.
(2) The maximum length of the
trailing cables supplying 480-volts to
permissible pumps will be 4,000 feet.
(3) Trailing cables or cords over 500
feet supplying power to 480-volt
permissible pumps will not be smaller
than No. 6 American Wire Gauge
(AWG).
(4) All circuit breakers used to protect
the No. 6 AWG trailing cables exceeding
550 feet in length will have an
instantaneous trip unit calibrated to trip
at 60 amperes. The trip setting of these
circuit breakers will be sealed or locked
so that the setting cannot be changed,
and will have permanent, legible labels.
Each label will identify the circuit
breaker as being suitable for protecting
No. 6 AWG cables. This label will be
maintained legible.
(5) Replacement instantaneous trip
units used to protect No. 6 AWG trailing
cables will be calibrated to trip at 60
amperes and this setting will be sealed
or locked.
(6) All circuit breakers used to protect
the No. 2 AWG trailing cables exceeding
700 feet in length will have an
PO 00000
Frm 00061
Fmt 4703
Sfmt 4703
55297
instantaneous trip unit calibrated to trip
at 150 amperes. The trip setting of these
circuit breakers will be sealed or locked
so that the setting cannot be changed,
and these circuit breakers will have
permanent, legible labels. Each label
will identify the circuit breaker as being
suitable for protecting No. 2 AWG
trailing cables. This label will be
maintained legible.
(7) Replacement instantaneous trip
units used to protect No. 2 AWG trailing
cables will be calibrated to trip at 150
amperes and this setting will be sealed
or locked.
(8) All components that provide shortcircuit protection will have a sufficient
interruption rating in accordance with
the maximum calculated fault currents
available.
(9) The short-circuit setting will not
exceed the setting specified in the
approval documentation or 70 percent
of the minimum available current,
whichever is less.
(10) Permanent warning labels will be
installed and maintained on the cover(s)
of the power center or distribution box
to identify the location of each sealed
short-circuit protection device. These
labels will warn miners not to change or
alter the sealed short-circuit settings.
(11) Within 60 days after this
proposed decision and order becomes
final, the proposed revisions for the
petitioner’s approved 30 CFR part 48
training plan will be submitted to the
District Manager. The training plan will
include the following:
(a) Mining methods and operating
procedures for protecting the trailing
cables against damage.
(b) Proper procedures for examining
the trailing cables to ensure safe
operating condition.
(c) The hazards of setting the shortcircuit interrupting device(s) 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 petitioner further states that
procedures specified in 30 CFR 48.3 for
proposed revisions to approved training
plans will apply.
The petitioner asserts that the
alternative method will guarantee no
less than the same measure of protection
for all miners than that of the existing
standard.
Docket Number: M–2013–036–C.
Petitioner: Pinnacle Mining Company,
LLC, P.O. Box 338, Pineville, West
Virginia 24874,
Mine: Pinnacle Mine, MSHA I.D. No.
46–01816, located in Wyoming County,
West Virginia.
E:\FR\FM\10SEN1.SGM
10SEN1
sroberts on DSK5SPTVN1PROD with NOTICES
55298
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Notices
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment in or inby the last
open crosscut, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment may be used. Such
nonpermissible surveying equipment
includes portable battery-operated total
station surveying equipment, mine
transits, distance meters, and data
loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined prior to use to ensure the
equipment is being maintained in a safe
operating condition. These
examinations will include the following
steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA on
request.
(d) 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.
(e) Nonpermissible surveying
equipment will not be used if methane
VerDate Mar<15>2010
16:10 Sep 09, 2013
Jkt 229001
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn outby the last
open crosscut.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries in the surveying
equipment will be changed out or
charged in fresh air outby the last open
crosscut.
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) 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 all the terms and
conditions in this petition.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection as that afforded
by the existing standard.
Docket Number: M–2013–037–C.
Petitioner: Pinnacle Mining Company,
LLC, P.O. Box 338, Pineville, West
Virginia 24874,
Mine: Pinnacle Mine, MSHA I.D. No.
46–01816, located in Wyoming County,
West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment in return airways,
including, but not limited to, portable
battery-operated mine transits, total
station surveying equipment, distance
meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining, by its nature and size and the
complexity of mine plans, requires that
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment may be used. Such
nonpermissible surveying equipment
includes portable battery-operated total
station surveying equipment, mine
transits, distance meters, and data
loggers.
(b) All nonpermissible electronic
surveying equipment to be used in
return airways will be examined prior to
use to ensure the equipment is being
maintained in a safe operating
condition. These examinations will
include the following steps:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA on
request.
(d) 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 return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn out of the return
airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries in the surveying
equipment will be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
E:\FR\FM\10SEN1.SGM
10SEN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Notices
until MSHA has initially inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection as that afforded
by the existing standard.
Docket Number: M–2013–038–C.
Petitioner: Pinnacle Mining Company,
LLC, P.O. Box 338, Pineville, West
Virginia 24874.
Mine: Pinnacle Mine, MSHA I.D. No.
46–01816, located in Wyoming County,
West Virginia.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of battery-powered nonpermissible
surveying equipment within 150 feet of
pillar workings, including, but not
limited to, portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers. The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372, 75.1002(a), and
75.1200, use of the most practical and
accurate surveying equipment is
necessary. To ensure the safety of the
miners in active mines and to protect
miners in future mines that may mine
in close proximity to these same active
mines, it is necessary to determine the
exact location and extent of the mine
workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature and size, and the
complexity of mine plans, requires that
accurate and precise measurements be
completed in a prompt and efficient
manner. The petitioner proposes the
following as an alternative to the
existing standard:
(a) Nonpermissible electronic
surveying equipment may be used. Such
nonpermissible surveying equipment
includes portable battery-operated total
station surveying equipment, mine
transits, distance meters, and data
loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings will be
examined prior to use to ensure the
equipment is being maintained in a safe
operating condition. These
examinations will include the following
steps:
VerDate Mar<15>2010
16:10 Sep 09, 2013
Jkt 229001
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA on
request.
(d) 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 within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
the nonpermissible electronic
equipment withdrawn further than 150
feet from pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries in the surveying
equipment will be changed out or
charged in fresh air more than 150 feet
from pillar workings.
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) 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 all the terms and
conditions in this petition.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection as that afforded
by the existing standard.
Dated: September 4, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. 2013–21915 Filed 9–9–13; 8:45 am]
BILLING CODE 4510–43–P
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
55299
NATIONAL SCIENCE FOUNDATION
Agency Information Collection
Activities: Comment Request
National Science Foundation.
Submission for OMB review;
comment request.
AGENCY:
ACTION:
The National Science
Foundation (NSF) has submitted the
following information collection
requirement to OMB for review and
clearance under the Paperwork
Reduction Act of 1995, Public Law 104–
13. This is the second notice for public
comment; the first was published in the
Federal Register at 78 FR 38410, and no
comments were received. NSF is
forwarding the proposed renewal
submission to the Office of Management
and Budget (OMB) for clearance
simultaneously with the publication of
this second notice. The full submission
(including comments) may be found at:
https://www.reginfo.gov/public/do/
PRAMain. Comments regarding (a)
whether the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; (c) ways to enhance
the quality, utility and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology should be
addressed to: Office of Information and
Regulatory Affairs of OMB, Attention:
Desk Officer for National Science
Foundation, 725—17th Street NW.,
Room 10235, Washington, DC 20503,
and to Suzanne H. Plimpton, Reports
Clearance Officer, National Science
Foundation, 4201 Wilson Boulevard,
Suite 1265, Arlington, Virginia 22230 or
send email to splimpto@nsf.gov.
Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339, which is accessible 24 hours a
day, 7 days a week, 365 days a year
(including federal holidays).
DATES: Comments regarding these
information collections are best assured
of having their full effect if received
within 30 days of this notification.
Copies of the submission(s) may be
obtained by calling 703–292–7556.
NSF may not conduct or sponsor a
collection of information unless the
SUMMARY:
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Notices]
[Pages 55297-55299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21915]
[[Page 55297]]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 October 10, 2013.
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-2013-035-C.
Petitioner: Five Star Mining, Inc., 6594 West State Road 56,
Petersburg, Indiana 47567.
Mine: Prosperity Mine, MSHA I.D. No. 12-02249, located in Pike
County, Indiana.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance), 30 CFR 18.35(a)(5)(i)(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 for supplying power to permissible pumps in the Prosperity
Mine. The petitioner states that:
(1) This petition will apply only to trailing cables supplying
three-phase, 480-volt, 3-phase power for permissible pumps.
(2) The maximum length of the trailing cables supplying 480-volts
to permissible pumps will be 4,000 feet.
(3) Trailing cables or cords over 500 feet supplying power to 480-
volt permissible pumps will not be smaller than No. 6 American Wire
Gauge (AWG).
(4) All circuit breakers used to protect the No. 6 AWG trailing
cables exceeding 550 feet in length will have an instantaneous trip
unit calibrated to trip at 60 amperes. The trip setting of these
circuit breakers will be sealed or locked so that the setting cannot be
changed, and will have permanent, legible labels. Each label will
identify the circuit breaker as being suitable for protecting No. 6 AWG
cables. This label will be maintained legible.
(5) Replacement instantaneous trip units used to protect No. 6 AWG
trailing cables will be calibrated to trip at 60 amperes and this
setting will be sealed or locked.
(6) All circuit breakers used to protect the No. 2 AWG trailing
cables exceeding 700 feet in length will have an instantaneous trip
unit calibrated to trip at 150 amperes. The trip setting of these
circuit breakers will be sealed or locked so that the setting cannot be
changed, and these circuit breakers will have permanent, legible
labels. Each label will identify the circuit breaker as being suitable
for protecting No. 2 AWG trailing cables. This label will be maintained
legible.
(7) Replacement instantaneous trip units used to protect No. 2 AWG
trailing cables will be calibrated to trip at 150 amperes and this
setting will be sealed or locked.
(8) All components that provide short-circuit protection will have
a sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(9) The short-circuit setting will not exceed the setting specified
in the approval documentation or 70 percent of the minimum available
current, whichever is less.
(10) Permanent warning labels will be installed and maintained on
the cover(s) of the power center or distribution box to identify the
location of each sealed short-circuit protection device. These labels
will warn miners not to change or alter the sealed short-circuit
settings.
(11) Within 60 days after this proposed decision and order becomes
final, the proposed revisions for the petitioner's approved 30 CFR part
48 training plan will be submitted to the District Manager. The
training plan will include the following:
(a) Mining methods and operating procedures for protecting the
trailing cables against damage.
(b) Proper procedures for examining the trailing cables to ensure
safe operating condition.
(c) The hazards of setting the short-circuit interrupting device(s)
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 petitioner further states that procedures specified in 30 CFR
48.3 for proposed revisions to approved training plans will apply.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection for all miners than that of
the existing standard.
Docket Number: M-2013-036-C.
Petitioner: Pinnacle Mining Company, LLC, P.O. Box 338, Pineville,
West Virginia 24874,
Mine: Pinnacle Mine, MSHA I.D. No. 46-01816, located in Wyoming
County, West Virginia.
[[Page 55298]]
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined prior to use to ensure
the equipment is being maintained in a safe operating condition. These
examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) 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.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) 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 all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2013-037-C.
Petitioner: Pinnacle Mining Company, LLC, P.O. Box 338, Pineville,
West Virginia 24874,
Mine: Pinnacle Mine, MSHA I.D. No. 46-01816, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining, by its nature
and size and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined prior to use to ensure the equipment is
being maintained in a safe operating condition. These examinations will
include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) 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 return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service
[[Page 55299]]
until MSHA has initially inspected the equipment and determined that it
is in compliance with all the terms and conditions in this petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2013-038-C.
Petitioner: Pinnacle Mining Company, LLC, P.O. Box 338, Pineville,
West Virginia 24874.
Mine: Pinnacle Mine, MSHA I.D. No. 46-01816, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, 75.1002(a), and 75.1200, use of the most
practical and accurate surveying equipment is necessary. To ensure the
safety of the miners in active mines and to protect miners in future
mines that may mine in close proximity to these same active mines, it
is necessary to determine the exact location and extent of the mine
workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings will be examined prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) 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 within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) 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 all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Dated: September 4, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-21915 Filed 9-9-13; 8:45 am]
BILLING CODE 4510-43-P