Petitions for Modification of Application of Existing Mandatory Safety Standards, 11136-11140 [2014-04244]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 11136 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map). • Docket Number: M–2013–017–C. FR Notice: 78 FR 23309 (4/18/2013). Petitioner: Highland Mining Company, LLC, 12312 Olive Boulevard, Suite 425, St. Louis, Missouri 63141. Mine: Highland 9 Mine, MSHA I.D. No. 15–02709, located in Union County, Kentucky. Regulation Affected: 30 CFR 75.1100– 3 (Condition and examination of firefighting equipment). • Docket Number: M–2013–018–C. FR Notice: 78 FR 23310 (4/18/2013). Petitioner: Gibson County Coal, LLC, P.O. Box 1269, Princeton, Indiana 47670. Mine: Gibson North Mine, MSHA I.D. No. 12–02215, located in Gibson County, Indiana. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable trailing cables and cords). • Docket Number: M–2013–020–C. FR Notice: 78 FR 29385 (5/20/2013). Petitioner: Liberty Fuels Company, LLC, 4707 Highway 493, DeKalb, Mississippi 39328. Mine: Liberty Mine, MSHA I.D. No. 22–00803, located in Kemper County, Mississippi. Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits on highvoltage resistance grounded systems). • Docket Number: M–2013–021–C. FR Notice: 78 FR 35977 (6/14/2013). Petitioner: Peabody Energy Company, 115 Grayson Lane, Eldorado, Illinois 62930. Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11–03156, located in Saline County, Illinois. Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and performance requirements). • Docket Number: M–2013–023–C. FR Notice: 78 FR 35979 (6/14/2013). Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New Mexico 87421. Mine: San Juan Mine 1, MSHA I.D. No. 29–02170, located in San Juan County, New Mexico. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 30 CFR 18.35(a)(5)(i) (Portable trailing cables and cords). • Docket Number: M–2013–028–C. FR Notice: 78 FR 36602 (6/18/2013). Petitioner: Brody Mining, LLC, 33207 Pond Fork Rd., Wharton, West Virginia 25208. Mine: Brody Mine No. 1, MSHA I.D. No. 46–09086, located in Boone County, West Virginia. Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel- VerDate Mar<15>2010 17:58 Feb 26, 2014 Jkt 232001 powered equipment; design and performance requirements). • Docket Number: M–2013–031–C. FR Notice: 78 FR 49777 (8/15/2013). Petitioner: Oak Grove Resources, LLC, 8360 Taylor’s Ferry Road, Hueytown, Alabama 35023. Mine: Oak Grove Mine, MSHA I.D. No. 01–00851, located in Jefferson County, Alabama. Regulation Affected: 30 CFR 75.507 (Power connection points). Dated: February 21, 2014. Patricia W. Silvey, Certifying Officer. 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 [FR Doc. 2014–04245 Filed 2–26–14; 8:45 am] BILLING CODE 4510–43–P 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 March 31, 2014. 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. SUMMARY: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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–2014–001–C. Petitioner: CONSOL Buchanan Mining Company, 1000 CONSOL Energy Drive, Canonsburg, Pennsylvania 15317–6506. Mine: Buchanan Mine #1 Mine, MSHA I.D. No. 44–04856, located in Buchanan County, Virginia. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance), (18.35(a)(5)(i) (Portable (trailing) cables and cords)). Modification Request: The petitioner requests a modification of the existing standard to permit maximum length of trailing cables to be increased to 1,000 feet for supplying power to mining machines, section ventilation fans and roof bolters. The petitioner states that: (1) This petition will apply only to trailing cables supplying three-phase, 995-volt power to mining machines and trailing cables supplying three-phase, 575-volt power to roof bolters and section ventilation fans. (2) The maximum lengths of the 995volt trailing cables and 575-volt trailing cables will be 1,000 feet. (3) The 995-volt mining machine trailing cables will not be smaller than E:\FR\FM\27FEN1.SGM 27FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices 2.0. The 575-volt trailing cables for section ventilation fans will not be smaller than No. 1 American Wire Gauge (AWG). The 575-volt trailing cables for roof bolters will not be smaller than No. 2 AWG. (4) All circuit breakers used to protect the 2.0 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. Each label will identify the circuit breaker as being suitable for protecting 2.0 cables. This label will be maintained legible. (5) Replacement instantaneous trip units, used to protect 2.0 trailing cables will be calibrated to trip at 1,500 amperes and this setting will be sealed or locked. (6) All circuits breaker used to protect No. 1 AWG trailing cables exceeding 750 feet in length will have instantaneous trip units calibrated to trip at 1,000 amperes. The trip setting of these circuit breakers will be sealed or locked, will have permanent legible labels. Each label will identify the circuit breaker being suitable for protecting No. 1 AWG cables. This label will be maintained legible. (7) Replacement instantaneous trip units used to protect No. 1 AWG trailing cables will be calibrated to trip at 1,000 amperes and this setting will be sealed or locked. (8) All circuits 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. Each label will identify the circuit breaker as being suitable for protecting No. 2 AWG cables. This label will be maintained legible. (9) Replacement instantaneous trip units used to protect No. 2 AWG trailing cables will be calibrated to trip at 800 amperes and this setting will be sealed or locked. (10) 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 stipulated settings. (11) Any trailing cable that is not in safe operating conditions will be removed from service immediately and repaired or replaced. (12) Each splice or repair in the trailing cable will be made in a VerDate Mar<15>2010 17:58 Feb 26, 2014 Jkt 232001 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. (13) In the event the mining methods or operating procedures cause or contribute to the damage of any trailing cable, the cable will be removed from service immediately and repaired or replaced. Additional precautions will be taken to ensure that in the future, the cable is protected and maintained in safe operating condition. (14) Permanent warning labels will be installed and maintained on the cover(s) of the power center identifying the location of each sealed or locked shortcircuit protection device. These labels will warn miners not to change or alter these short-circuit settings. (15) The petitioner’s alternative method will not be implemented until all miners who have been designated to examine the integrity of the seals or locks, and to verify the short-circuit settings and proper procedures for examining trailing cables for defects and damage, have received the elements of training specified in Item No. 16. (16) 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: (i) The mining methods and operating procedures that will protect the trailing cables against damage; (ii) The proper procedures for examining the trailing cables to ensure that the cables are in safe operating condition; (iii) The hazards of setting the instantaneous circuit breakers too high to adequately protect the trailing cables; and (iv) 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 afforded by the existing standard. Docket Number: M–2014–002–C. Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 11137 Mine: BMX Mine, MSHA I.D. No. 36– 10045, located in Greene County, Pennsylvania. 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 E:\FR\FM\27FEN1.SGM 27FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 11138 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices 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–2014–003–C. Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222. Mine: BMX Mine, MSHA I.D. No. 36– 10045, located in Greene County, Pennsylvania. 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. VerDate Mar<15>2010 17:58 Feb 26, 2014 Jkt 232001 (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 by surveying personnel 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 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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–2014–004–C. Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222. Mine: BMX Mine, MSHA I.D. No. 36– 10045, located in Greene County, Pennsylvania. 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 longwall faces and 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. E:\FR\FM\27FEN1.SGM 27FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices (b) All nonpermissible electronic surveying equipment to be used within 150 feet of pillar workings or longwall faces 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. VerDate Mar<15>2010 17:58 Feb 26, 2014 Jkt 232001 Docket Number: M–2014–001–M. Petitioner: DMC Mining Services, 488 East 6400 South, Suite 250, Murray, Utah 84107. Mine: Tata Chemicals Mine, MSHA I.D. No. 48–00155, 324 Allied Chemical Road, Green River, Wyoming 82935, located in Sweetwater County, Wyoming. Regulation Affected: 30 CFR 57.22606(a) & (c) (Explosive Materials and blasting units (III mines)). Modification Request: The petitioner requests a modification of the existing standard to permit the use of nonpermissible detonators to detonate explosives in the blast hole during work at the construction of the Tata Chemicals Number 7 Ventilation Shaft. The petitioner states that: (1) The construction will be for a 20foot finished diameter ventilation shaft that will be constructed in two phases. Phase one will include the use of a raise boring drill to complete an 8-foot diameter raise. This raise will remain intact during both phases of the project for ventilation and material handling. Phase two will consist of sinking through the shaft by slashing to 22 feet in diameter and installing a concrete liner to a final diameter of 20 feet. (2) The geological ground conditions in the Green River basin are highly conductive and interfere with permissible electric detonators. The ground inhibits the ability to safely conduct electricity to detonate a blast round. The resultant potential for misfires and partial round detonation introduces a safety risk to workers and the mine. (3) To mitigate the risk, only blasting detonators will be nonpermissible, explosives will be permissible, and rounds will be in either four or eight foot lifts. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure or protection afforded by the existing standard. Docket Number: M–2014–002–M. Petitioner: FMC Minerals, 580 Westvaco Road, Box 872, Green River, Wyoming 82935. Mine: Westvaco Underground Trona Mine, MSHA I.D. No. 48–00152, located in Sweetwater County, Wyoming. Regulation Affected: 30 CFR 57.22305 (Approved equipment (III Mines)). Modification Request: The petitioner requests a modification of the existing standard to allow the use of low-voltage or battery-powered nonpermissible electronic testing and diagnostic equipment in or inby the last open crosscut in the Westvaco Underground Trona Mine. The petitioner states that: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 11139 (1) The nonpermissible low-voltage or battery-powered electronic testing equipment would be limited to laptop computers, oscilloscopes, vibration analysis machines, cable fault detectors, infrared temperature devices, signal analyzer devices, ultrasonic measuring devices, electronic component testers, infrared cameras, multi-meters and electronic megometers. (2) All nonpermissible low-voltage or battery-powered equipment to be used in or inby the last open crosscut will be examined prior to use by a competent person as defined in 30 CFR 57.22002 to ensure the equipment is being maintained in a safe operating condition. (3) A competent person as defined in 30 CFR 57.22002 will monitor for methane immediately before and during the use of nonpermissible low-voltage battery-operated electronic testing and diagnostic equipment in or inby the last open crosscut. All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 22227. (4) Nonpermissible low-voltage or battery-operated testing or diagnostic equipment will not be used if methane is detected in concentrations at or above one percent. When methane is detected at such levels while the nonpermissible electronic testing and diagnostic equipment is being used, the equipment will be deenergized immediately and the nonpermissible electronic equipment withdrawn outby the last open crosscut as defined in 30 CFR 57.22234. (5) Production will cease except for the time necessary to trouble shoot under actual mining conditions. (6) All low-voltage and batteryoperated electronic and diagnostic equipment will be used in accordance with the manufacturer’s recommended safe use procedures. (7) Competent personnel engaged in the use of nonpermissible low-voltage or battery-operated testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with the use of nonpermissible testing and diagnostic equipment in areas where methane could be present. The petitioner further states that the nonpermissible equipment will be used in preventive maintenance to monitor machine condition to detect problems before failure occurs so that it can be repaired at a predetermined time and place to minimize the risk to miners. The nonpermissible equipment will also be used to diagnose equipment failures without having to move failed E:\FR\FM\27FEN1.SGM 27FEN1 11140 Federal Register / Vol. 79, No. 39 / Thursday, February 27, 2014 / Notices equipment with other equipment outby the last open crosscut minimizing the risk to miners. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure or protection afforded by the existing standard. Dated: February 21, 2014. Patricia W. Silvey, Certifying Officer. [FR Doc. 2014–04244 Filed 2–26–14; 8:45 am] BILLING CODE 4510–43–P 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 March 31, 2014. 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: Sheila McConnell, Acting 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:58 Feb 26, 2014 Jkt 232001 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–2013–056–C. Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, Pennsylvania 17098. Mine: Williamstown Mine #1, MSHA I.D. No. 36–09435, located in Schuylkill County, Pennsylvania. 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 the use of nonpermissible electronic equipment within 150 feet of pillar workings to include drags and battery locomotives. The petitioner asserts that the request is due in part to the method of mining used in pitching anthracite mines and the alternative evaluation of mine air quality for methane will be conducted on an hourly basis during operation, with one of the gas tests results recorded in the on-shift examination record. The petitioner states that: (1) Equipment operation will be suspended any time methane concentration at the equipment reaches 0.5 percent methane either during operation or when found during a preshift examination. (2) The equipment will be operated in the working section’s only intake entry PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 (gangway), which is regularly traveled and examined. (3) The use of drags on less than moderate pitching veins (less than 20 degree pitch) is the only practical system of mining in use. (4) Permissible drags are not commercially available, and due in part to their small size, permissible locomotives are not commercially available. (5) As a result of low daily production rates and full timbering support, inrushes of methane due to massive pillar falls are unlikely to occur. (6) Recovery of the pillars above the first miner heading is usually accomplished on the advance within 150 feet of the section intake (gangway) and the remaining minable pillars are recovered from the deepest point of penetration outby. (7) The 5,000 cubic feet per minute of required intake air flow is measured just outby the nonpermissible equipment with the ventilating air passing over the equipment to ventilate the pillar being mined. (8) The electrical equipment is attended during operation, and either power to the unit is deenergized at the intersection of the working gangway and intake slope or the equipment is moved to that area when production ceases, minimizing any ignition potential from the pillar recovery area. (9) Where more than one active line of pillar breast recovery exists, the locomotive may travel to a point just outby the deepest active chute/breast (room) workings or last open crosscut in a developing set of entries. 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–2013–057–C. Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, Pennsylvania 17098. Mine: Williamstown Mine #1, MSHA I.D. No. 36–09435, located in Schuylkill County, Pennsylvania. Regulation Affected: 30 CFR 75.1100– 2(a) (2) (Quantity and location of firefighting equipment). Modification Request: The petitioner requests a modification of the existing standard to permit the use of only portable fire extinguishers where the use of rock dust, water cars, and other water storage equipped with three 10quart pails required by the standard is not practical. The petitioner states that: (1) Equipping its small anthracite mine with two portable fire extinguishers near the slope bottom and an additional portable fire extinguisher E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Pages 11136-11140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04244]


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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.

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

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 March 31, 2014.

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-2014-001-C.
    Petitioner: CONSOL Buchanan Mining Company, 1000 CONSOL Energy 
Drive, Canonsburg, Pennsylvania 15317-6506.
    Mine: Buchanan Mine 1 Mine, MSHA I.D. No. 44-04856, 
located in Buchanan County, Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance), (18.35(a)(5)(i) (Portable (trailing) cables 
and cords)).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit maximum length of trailing cables to be 
increased to 1,000 feet for supplying power to mining machines, section 
ventilation fans and roof bolters. The petitioner states that:
    (1) This petition will apply only to trailing cables supplying 
three-phase, 995-volt power to mining machines and trailing cables 
supplying three-phase, 575-volt power to roof bolters and section 
ventilation fans.
    (2) The maximum lengths of the 995-volt trailing cables and 575-
volt trailing cables will be 1,000 feet.
    (3) The 995-volt mining machine trailing cables will not be smaller 
than

[[Page 11137]]

2.0. The 575-volt trailing cables for section ventilation fans will not 
be smaller than No. 1 American Wire Gauge (AWG). The 575-volt trailing 
cables for roof bolters will not be smaller than No. 2 AWG.
    (4) All circuit breakers used to protect the 2.0 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. Each label will identify the circuit breaker 
as being suitable for protecting 2.0 cables. This label will be 
maintained legible.
    (5) Replacement instantaneous trip units, used to protect 2.0 
trailing cables will be calibrated to trip at 1,500 amperes and this 
setting will be sealed or locked.
    (6) All circuits breaker used to protect No. 1 AWG trailing cables 
exceeding 750 feet in length will have instantaneous trip units 
calibrated to trip at 1,000 amperes. The trip setting of these circuit 
breakers will be sealed or locked, will have permanent legible labels. 
Each label will identify the circuit breaker being suitable for 
protecting No. 1 AWG cables. This label will be maintained legible.
    (7) Replacement instantaneous trip units used to protect No. 1 AWG 
trailing cables will be calibrated to trip at 1,000 amperes and this 
setting will be sealed or locked.
    (8) All circuits 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. Each label will identify the circuit breaker as being suitable 
for protecting No. 2 AWG cables. This label will be maintained legible.
    (9) Replacement instantaneous trip units used to protect No. 2 AWG 
trailing cables will be calibrated to trip at 800 amperes and this 
setting will be sealed or locked.
    (10) 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 stipulated settings.
    (11) Any trailing cable that is not in safe operating conditions 
will be removed from service immediately and repaired or replaced.
    (12) Each splice or repair in the trailing cable 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.
    (13) In the event the mining methods or operating procedures cause 
or contribute to the damage of any trailing cable, the cable will be 
removed from service immediately and repaired or replaced. Additional 
precautions will be taken to ensure that in the future, the cable is 
protected and maintained in safe operating condition.
    (14) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed or locked short-circuit protection device. These labels will 
warn miners not to change or alter these short-circuit settings.
    (15) The petitioner's alternative method will not be implemented 
until all miners who have been designated to examine the integrity of 
the seals or locks, and to verify the short-circuit settings and proper 
procedures for examining trailing cables for defects and damage, have 
received the elements of training specified in Item No. 16.
    (16) 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:
    (i) The mining methods and operating procedures that will protect 
the trailing cables against damage;
    (ii) The proper procedures for examining the trailing cables to 
ensure that the cables are in safe operating condition;
    (iii) The hazards of setting the instantaneous circuit breakers too 
high to adequately protect the trailing cables; and
    (iv) 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 afforded by 
the existing standard.
    Docket Number: M-2014-002-C.
    Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway 
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: BMX Mine, MSHA I.D. No. 36-10045, located in Greene County, 
Pennsylvania.
    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

[[Page 11138]]

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-2014-003-C.
    Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway 
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: BMX Mine, MSHA I.D. No. 36-10045, located in Greene County, 
Pennsylvania.
    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 by surveying personnel 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 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-2014-004-C.
    Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway 
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: BMX Mine, MSHA I.D. No. 36-10045, located in Greene County, 
Pennsylvania.
    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 longwall faces and 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.

[[Page 11139]]

    (b) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings or longwall faces 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.
    Docket Number: M-2014-001-M.
    Petitioner: DMC Mining Services, 488 East 6400 South, Suite 250, 
Murray, Utah 84107.
    Mine: Tata Chemicals Mine, MSHA I.D. No. 48-00155, 324 Allied 
Chemical Road, Green River, Wyoming 82935, located in Sweetwater 
County, Wyoming.
    Regulation Affected: 30 CFR 57.22606(a) & (c) (Explosive Materials 
and blasting units (III mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible detonators to 
detonate explosives in the blast hole during work at the construction 
of the Tata Chemicals Number 7 Ventilation Shaft.
    The petitioner states that:
    (1) The construction will be for a 20-foot finished diameter 
ventilation shaft that will be constructed in two phases. Phase one 
will include the use of a raise boring drill to complete an 8-foot 
diameter raise. This raise will remain intact during both phases of the 
project for ventilation and material handling. Phase two will consist 
of sinking through the shaft by slashing to 22 feet in diameter and 
installing a concrete liner to a final diameter of 20 feet.
    (2) The geological ground conditions in the Green River basin are 
highly conductive and interfere with permissible electric detonators. 
The ground inhibits the ability to safely conduct electricity to 
detonate a blast round. The resultant potential for misfires and 
partial round detonation introduces a safety risk to workers and the 
mine.
    (3) To mitigate the risk, only blasting detonators will be 
nonpermissible, explosives will be permissible, and rounds will be in 
either four or eight foot lifts.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.
    Docket Number: M-2014-002-M.
    Petitioner: FMC Minerals, 580 Westvaco Road, Box 872, Green River, 
Wyoming 82935.
    Mine: Westvaco Underground Trona Mine, MSHA I.D. No. 48-00152, 
located in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
Mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the use of low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment in or inby 
the last open crosscut in the Westvaco Underground Trona Mine. The 
petitioner states that:
    (1) The nonpermissible low-voltage or battery-powered electronic 
testing equipment would be limited to laptop computers, oscilloscopes, 
vibration analysis machines, cable fault detectors, infrared 
temperature devices, signal analyzer devices, ultrasonic measuring 
devices, electronic component testers, infrared cameras, multi-meters 
and electronic megometers.
    (2) All nonpermissible low-voltage or battery-powered equipment to 
be used in or inby the last open crosscut will be examined prior to use 
by a competent person as defined in 30 CFR 57.22002 to ensure the 
equipment is being maintained in a safe operating condition.
    (3) A competent person as defined in 30 CFR 57.22002 will monitor 
for methane immediately before and during the use of nonpermissible 
low-voltage battery-operated electronic testing and diagnostic 
equipment in or inby the last open crosscut. All hand-held methane 
detectors will be MSHA-approved and maintained in permissible and 
proper operating condition as defined in 30 CFR 22227.
    (4) Nonpermissible low-voltage or battery-operated testing or 
diagnostic equipment will not be used if methane is detected in 
concentrations at or above one percent. When methane is detected at 
such levels while the nonpermissible electronic testing and diagnostic 
equipment is being used, the equipment will be deenergized immediately 
and the nonpermissible electronic equipment withdrawn outby the last 
open crosscut as defined in 30 CFR 57.22234.
    (5) Production will cease except for the time necessary to trouble 
shoot under actual mining conditions.
    (6) All low-voltage and battery-operated electronic and diagnostic 
equipment will be used in accordance with the manufacturer's 
recommended safe use procedures.
    (7) Competent personnel engaged in the use of nonpermissible low-
voltage or battery-operated testing and diagnostic equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of nonpermissible testing and diagnostic equipment in 
areas where methane could be present.
    The petitioner further states that the nonpermissible equipment 
will be used in preventive maintenance to monitor machine condition to 
detect problems before failure occurs so that it can be repaired at a 
predetermined time and place to minimize the risk to miners. The 
nonpermissible equipment will also be used to diagnose equipment 
failures without having to move failed

[[Page 11140]]

equipment with other equipment outby the last open crosscut minimizing 
the risk to miners.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.

    Dated: February 21, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014-04244 Filed 2-26-14; 8:45 am]
BILLING CODE 4510-43-P
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