Petitions for Modification of Application of Existing Mandatory Safety Standards, 77023-77026 [2015-31220]
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Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices
ACTION:
30-Day notice.
The Department of Justice
(DOJ), Office of Justice Programs,
Bureau of Justice Statistics, will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
This proposed information collection
was previously published in the Federal
Register at 80 FR 60935, on October 8,
2015, allowing for a 60-day comment
period.
SUMMARY:
Comments are encouraged and
will be accepted for 30 days until
January 11, 2016.
FOR FURTHER INFORMATION CONTACT: If
you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or need a copy of the
proposed information collection
instrument with instructions or
additional information, please contact
please contact Devon Adams, Bureau of
Justice Statistics, 810 Seventh Street
NW., Washington, DC 20531 (email:
Devon.Adams@usdoj.gov; telephone:
202–307–0765). Written comments and/
or suggestions can also be directed to
the Office of Management and Budget,
Office of Information and Regulatory
Affairs, Attention Department of Justice
Desk Officer, Washington, DC 20503 or
sent to OIRA_submissions@
omb.eop.gov.
DATES:
Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Bureau of Justice
Statistics, including whether the
information will have practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Evaluate whether and if so how the
quality, utility, and clarity of the
information to be collected can be
enhanced; and
—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, e.g.,
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SUPPLEMENTARY INFORMATION:
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permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) The Title of the Form/Collection:
Generic Clearance for cognitive, pilot
and field studies for Bureau of Justice
Statistics data collection Activities.
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
Form numbers not available for generic
clearance. The applicable component
within the Department of Justice is the
Bureau of Justice Statistics, in the Office
of Justice Programs.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Administrators or staff of state
and local agencies or programs in the
relevant fields; administrators or staff of
non-government agencies or programs
in the relevant fields; individuals;
policymakers at various levels of
government.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: We estimate that
approximately 20,000 respondents will
be involved in exploratory, field test,
pilot, cognitive, and focus group work
conducted under this clearance over the
requested 3-year clearance period. The
average response time per respondent
will be specific to each project covered
under the clearance. Specific estimates
of the number of respondents and the
average response time are not known for
each pilot study or development project
covered under a generic clearance at
this time. Project specific estimates will
be submitted to OMB separately for each
project conducted under this clearance.
An estimate of the overall number of
burden hours for activities under this
generic
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total respondent burden
for identified and future projects
covered under this generic clearance
over the 3-year clearance period is
approximately 15,000 hours.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., 3E.405B,
Washington, DC 20530.
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77023
Dated: December 8, 2015.
Jerri Murray,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2015–31250 Filed 12–10–15; 8:45 am]
BILLING CODE 4410–18–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
Title 30 of the Code of Federal
Regulations 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.
DATES: All comments on the petitions
must be received by the MSHA’s Office
of Standards, Regulations, and
Variances on or before January 11, 2016.
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, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Sheila
McConnell, Acting Director, Office of
Standards, Regulations, and Variances.
Persons delivering documents are
required to check in at the receptionist’s
desk in Suite 4E401. 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:
SUMMARY:
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Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices
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.
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II. Petitions for Modification
Docket Number: M–2015–022–C.
Petitioner: Speed Mining LLC, P.O.
Box 99, Dawes, West Virginia 25054.
Mine: American Eagle Mine, MSHA
I.D. No. 46–05437, located in Kanawha
County, West Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuse piles; general).
Modification Request: The petitioner
requests a modification of the existing
standard to permit, as an alternative
method, backfill of the incised
excavation [where previously sealed
and abandoned mine openings in the
No. 2 Gas (Powellton) coal seam exist]
with coal refuse. The petitioner states
that:
(1) The box cut configuration, as built
mine opening seal locations and
proposed backfill plans, is presented
graphically on Drawing Nos. B15–334–
E4 and B15–334–E5. The five mine
openings within the box cut have
previously been sealed in accordance
with the MSHA approval. Subsequently,
the sealed openings were backfilled
with soil and rock. The surveyed limits
of the soil and rock backfill are
presented on Drawing No. B15–334–E4.
During our field visit, it was noted that
the backfill above opening No. 2 had
settled, exposing the top of the opening.
Additional soil and rock will be placed
at the openings to at least 4 feet above
the coal seam.
(2) The petitioner proposes to backfill
the totally incised box cut excavation
with coal refuse; however, 30 CFR
77.214(a) states that refuse piles shall
not be located over abandoned
openings. The apparent intent of this
regulation is to limit the potential for a
‘‘blowout’’ of mine water and to limit
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the potential for combustion of the
refuse and/or coal seam. The proposed
backfill plan described below addresses
these concerns and provides a practical
method of backfilling the box cut
excavation that will provide an
equivalent or greater measure of
protection afforded by the existing
standard.
(3) In the case of the Wet Branch box
cut, the material excavated from the box
cut was used to bring the preparation
plant and coal stockpile areas to grade
and is no longer available to eliminate
the pit. The coal refuse will be used as
a construction material, not to construct
a new refuse pile. The five openings
associated with the American Eagle
Mine in the No. 2 Gas seam were sealed
and have been backfilled with soil and
rock. Additional soil and rock fill
placement is specified to effectively
isolate the openings from the proposed
refuse backfill. The seal in Opening No.
2 located at the southern end of the box
cut included a drain through the seal. It
is proposed to cap this drain since there
are openings at a lower elevation to the
northwest currently discharging water
from unmapped abandoned mine
workings which were intersected by this
mine. The previously placed and
proposed soil and rock isolates the mine
workings from the proposed coal refuse
fill minimizing any potential for a mine
fire to spread to the refuse fill. Any
exposed coal seams will be covered
with at least four feet of soil and rock
as the coal refuse backfill is placed. The
coal refuse will be placed in 2-foot
maximum thick lifts. This requirement
should preclude the potential for the
refuse to spontaneously combust. Since
the mine has a gravity outlet at an
elevation lower than the bottom of the
box cut, there is no significant potential
for the mine workings at the box cut to
flood.
The petitioner asserts that the
proposed alternative method will
provide an equivalent or greater
measure of protection to that afforded
by the existing standard.
Docket Number: M–2015–023–C.
Petitioner: M-Class Mining, LLC,
11351 N. Thompsonville Road,
Macedonia, Illinois 62860.
Mine: MC #1 Mine, MSHA I.D. No.
11–03189, located in Franklin County,
Illinois.
Regulation Affected: 30 CFR 75.503
(permissible electric face equipment;
maintenance) and 18.35 (Portable
(trailing) cables and cords).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of 995-volt
trailing cables with a maximum length
of 1000 feet. The petitioner states that:
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(1) The 995-volt bolters trailing cables
will not be smaller than No. 2 American
Wire Gauge (AWG) cable.
(2) All circuit breakers used to protect
the No. 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 so that the settings 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
cables. The cables will be maintained
legible.
(3) Replacement instantaneous trip
units used to protect the No. 2 AWG
trailing cables will be calibrated to trip
at 800 amperes and this setting will be
sealed and locked.
(4) All components that provide shortcircuit protection will have a sufficient
interruption rating in accordance with
the maximum calculated fault currents
available.
(5) Short circuit settings must not
exceed the setting specified in the
approval documentation or 70 percent
of the maximum available current,
whichever is less.
(6) Any cable that is not in safe
operating condition will be removed
from service immediately and repaired
or replaced.
(7) Each splice or repair in the trailing
cables will be made in a workmanlike
manner and in accordance with the
instructions of the manufacturer of the
splice or repair kit. 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.
(8) In the event that mining methods
or operating procedures cause or
contribute to the damage of any trailing
cable, the trailing cable will be removed
from service immediately, repaired or
replaced, and additional precautions
will be taken to ensure that in the future
the cable is protected and maintained in
safe operating condition.
(9) During the production day,
persons designated by the mine operator
will visibly examine the trailing cables
to ensure that the cables are in safe
operating condition. The instantaneous
settings of the specially calibrated
breakers will also be visually examined
to ensure that the seals or locks have not
been removed and that they do not
exceed the settings stipulated in this
petition.
(10) Permanent warning labels will be
installed and maintained on the cover(s)
of the power center identifying the
location of each sealed short-circuit
protective device. These labels will
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warn miners not to change or alter these
sealed short-circuit settings.
(11) The alternative method will not
be implemented until all miners who
have been designated to examine the
integrity of the seals or locks to verify
the short-circuit settings, and to
examine the trailing cables for defects,
have received training.
(12) Within 60 days after the proposed
decision and order becomes final, the
petitioner will submit proposed
revisions for their approved 30 CFR part
48 training plans to the District
Manager. The procedures specified in
30 CFR 48.3 for approval of proposed
revisions to already approved training
plans will apply. The training will
include the following elements:
(a) Mining methods and operating
procedures that will protect the trailing
cables against damage.
(b) Proper procedures for examining
the trailing cables to ensure that the
cables are in safe operating 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 asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2015–024–C.
Petitioner: Perry County Coal, LLC,
P.O. Box 190, Lovely, Kentucky 41231.
Mine: E4–1 Mine, MSHA I.D. No. 15–
18565, E4–2 Mine, MSHA I.D. No. 15–
19015 and E3–1 Mine, MSHA I.D. No.
15–18662, located in Perry County,
Kentucky.
Regulation Affected: 30 CFR
75.1506(a)(1) (Refuge alternatives).
Modification Request: The petitioner
requests a modification of the existing
standard to allow for alternate
examination, testing, maintenance, and
repairs of Mine Shield underground
shelters. The petitioner seeks
modification of the standard as it
applies to examinations, testing,
maintenance, and repairs by the refuge
manufacturer (Mine Shield LLC located
at 322 Crab Orchard Road, Lancaster,
Kentucky 40444). The petitioner states
that:
(1) There are a total of 7 Mine Shield
LLC shelters in service and 5 Mine
Shield Shelter available in its Perry
County Coal E4–1 Mine, E4–2 Mine, and
E3–1 Mine. All units have been
retrofitted as prescribed by MSHA.
(2) Examination, testing, maintenance,
and repairs cannot be accomplished
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according to the manufacturer’s
recommendation since Mine Shield LLC
is no longer in business and the
technician conducting the examination,
maintenance, and repairs no longer
exist.
(3) The examinations, testing,
maintenance, and repairs as required by
the manufacturer’s recommendation
cannot be conducted since the
manufacturer’s technicians are no
longer available. The petitioner
proposes to:
—Have certified and qualified persons
as defined in 30 CFR 75.151 conduct
all examination, testing, maintenance,
and repairs. A sufficient number of
trained personnel will be provided. A
list of qualified examiners,
maintenance, and repair persons will
be posted at each mine, and proof of
training will be verifiable by MSHA
forms 5000–23.
—Adhere to and comply with all
provisions of the Manufacturer’s
Service Manual on all shelters.
—Train all examiners and repairmen
through the WHA International Inc.,
Mr. Elliot Forsyth, BSME PE Chief,
Technical Training Officer, Senior
Oxygen Safety & Forensic Engineer, or
his equivalent, on Level 1, Level 2,
and Level 3.
—Train all examiners, maintenance, and
repair persons in use of, and equip
them with, a state of the art IBRID
MX6 Gas Monitor (MSHA approval #
07–LPA–130006, Part Approval #
222–A080002–0) gas monitoring
device manufactured by Industrial
Scientific Inc.
—Continue maintenance and repairs of
incidental and routine nature such as
replacing leaking air lines, breathable
air cylinders, curtains, batteries, out
dated items such as food, water, fire
extinguishers, emergency first aid
equipment, identification tags and
other minor issues too numerous to
list.
—Record and retain the results of all
examinations, tests, maintenance, and
repairs for one year and make
available to MSHA.
Within 60 days after the Proposed
Decision and Order (PDO) becomes
final, the petitioner will submit
proposed revisions for its approved part
48 training plan to the District Manager.
These proposed revisions will specify
initial and refresher training regarding
the terms and conditions stated in the
PDO.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
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Docket Number: M–2015–025–C.
Petitioner: Hamilton County Coal,
LLC, P.O. Box 339, McLeansboro,
Illinois 62959.
Mine: Mine No. 1, MSHA I.D. No. 11–
03203, located in Hamilton County,
Illinois.
Regulation Affected: 30 CFR 75.382(a)
and (b) (Mechanical escape facilities).
Modification Request: The petitioner
requests a modification of the existing
standard to permit, through the use of
alternative safety measures, the use of
the slope belt conveyor as a mechanical
escape facility at the Mine No. 1. The
petitioner states that:
(1) The Mine No. 1 extracts coal from
the Herrin No. 6 seam by both
continuous mining and longwall
extraction methods. The coal seam is
intersected by a vertical shaft with cage
hoist facility and by a dual compartment
slope that contains a slope car hoist
facility in the lower track compartment
and a belt conveyor in the isolated
upper compartment. Escapeways as
required in 30 CFR 75.380(a) are
connected to these hoist facilities as
required by 30 CFR 75.380(i)(1) and (2).
(2) Rope and drum hoists used as
mechanical escape facilities are subject
to maintenance and/or conditions that
could interfere with the operation of the
facility for extended periods of time.
The availability of a third mechanical
escape facility enhances compliance
with escapeway regulations in that there
will be an additional escape facility
during normal hoist operations and
provide the second mechanical escape
facility in the event there is required
maintenance of either rope and drum
hoist.
(3) The specific language of 30 CFR
75.382(a), (b), (c)(1) and (2), and (f)
specifically addresses rope-type drum
hoists and elevators. Subparagraph (b)
also uses the term ‘‘or other devices’’ as
a reference to a type of escape facility.
While not specifying a belt conveyor as
an ‘‘other device’’, the subparagraph
also does not preclude a belt conveyor
from being used as an escape facility.
(4) Belt conveyors have been used to
safely transport miners to and from the
surface and underground areas of coal
mines when the safety measures and
provisions listed in the criteria of 30
CFR 75.1403–5 are provided. Belt
conveyors so equipped for the
transportation of personnel and used as
a ‘‘mantrip’’ can also be used safely as
a mechanical escape facility.
(5) Current technology for slope belt
conveyors can now provide mechanical
escape facility capability with no less
measure of safety for the miner than the
application of the mandatory standard.
The 72-inch slope belt conveyor at Mine
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No. 1 is powered by multiple drive
motors located on the mine’s surface
facilities. Each drive motor is controlled
by a variable frequency drive (VFD),
coupled with encoders, that monitors
the speed of the motor unit and can shut
down the belt if a predetermined speed
set point is exceeded.
(6) The original equipment
manufacturer has by design, provided
the necessary components (variable
frequency drives, programmable logic
computers and associated software, and
switches/touchscreen controls) to
provide for ‘‘mantrip-mode’’ operation.
Additionally, the drive motor gear boxes
are provided with a braking/blocking
device that mechanically prevents
rotation of the gears when the drive
motors are deenergized.
The petitioner proposes to use the
slope belt conveyor at Mine No. 1 as a
mechanical escape facility conditioned
on compliance with the following:
—The slope belt conveyor will be
equipped with an automatic braking
system which prevents the belt from
reversing direction if power is lost.
—Positive acting stop control will be
installed along the slope belt
conveyor and such controls will be
readily accessible and will be
maintained so that the belt can be
stopped or started at any location.
Automatic controls will also
deenergize the belt flight dumping
onto the slope belt and will be so
designed that the power cannot be
reapplied to the belt flight dumping
onto the slope belt while it is in use
as an emergency escape facility.
—The slope belt conveyor will have a
minimum vertical clearance of 18
inches from the nearest overhead
projection when measured from the
edge of the belt and there will be at
least 36 inches of sided clearance
where men board and leave the slope
conveyor.
—When persons are being transported
on the slope belt conveyor being used
as an emergency escape facility, the
belt speed will not exceed 300 feet per
minute when the vertical clearance is
less than 24 inches and will not
exceed 350 feet per minute when the
vertical clearance is 24 inches or
more.
—Adequate illumination including
colored lights or reflectors will be
installed at all loading and unloading
stations on the slope conveyor belt.
Such colored lights will be located to
be observable to all persons riding the
conveyor belt.
—The slope conveyor belt will not be
used to transport supplies and the
slope conveyor will be clear of all
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material, including coal, before men
are transported.
—Telephone or other suitable
communications will be provided at
points where persons are loaded on or
unloaded from the slope belt
conveyor.
—Suitable crossing facilities will be
provided wherever persons must
cross the moving slope conveyor or
any other moving belt conveyor belt
to gain access to or leave the
mechanical escape facility.
—The belt slope conveyor will have a
minimum 48-inch wide clear
travelway on at least one side and will
have a minimum 24-inch clear
travelway on the opposite side.
—Suitable belt crossing facilities will be
provided wherever necessary to
maintain a continuous route of travel
alongside the slope belt conveyor
from the slope bottom where the
alternative escape exits the slope belt
entry at the surface.
—The slope belt conveyor will be
examined by a certified person at least
once a week. This examination will
include:
(a) Operating the slope belt conveyor
as an emergency escape facility;
(b) Examination for hazards along the
slope belt conveyor and examination of
the mechanical and electrical condition
of the slope conveyor system;
(c) Immediate reporting of hazards or
mechanical deficiencies observed; and
(d) Confirmation that any reported
hazards or defects are corrected before
the slope belt is used as an emergency
escape facility.
—The slope conveyor belt will also be
subject to the preshift examination
requirements of 30 CFR 75.360(b)(2)
and, where one of those examinations
include operation of the slope
conveyor as a mechanical escape
facility and examination for
mechanical and electrical condition of
the slope belt conveyor, the weekly
examination requirements will be
satisfied.
—The person(s) making the
examinations will certify by initials,
date, and the time the examinations
were made. The certification will be
at the loading and unloading stations
of the slope conveyor belt.
The petitioner asserts that the
proposed alternative method will at all
times provide the same degree of safety
as that provided by the existing
standard.
Sheila McConnell,
Acting Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 2015–31220 Filed 12–10–15; 8:45 am]
BILLING CODE 4520–43–P
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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
Title 30 of the Code of Federal
Regulations 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.
DATES: All comments on the petitions
must be received by the MSHA’s Office
of Standards, Regulations, and
Variances on or before January 11, 2016.
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, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Sheila
McConnell, Acting Director, Office of
Standards, Regulations, and Variances.
Persons delivering documents are
required to check in at the receptionist’s
desk in Suite 4E401. 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:
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
mandatory safety standard to a coal or
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]]>Agencies
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77023-77026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31220]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and Title 30 of the Code of Federal Regulations 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.
DATES: All comments on the petitions must be received by the MSHA's
Office of Standards, Regulations, and Variances on or before January
11, 2016.
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, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting
Director, Office of Standards, Regulations, and Variances. Persons
delivering documents are required to check in at the receptionist's
desk in Suite 4E401. 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:
[[Page 77024]]
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-2015-022-C.
Petitioner: Speed Mining LLC, P.O. Box 99, Dawes, West Virginia
25054.
Mine: American Eagle Mine, MSHA I.D. No. 46-05437, located in
Kanawha County, West Virginia.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the
existing standard to permit, as an alternative method, backfill of the
incised excavation [where previously sealed and abandoned mine openings
in the No. 2 Gas (Powellton) coal seam exist] with coal refuse. The
petitioner states that:
(1) The box cut configuration, as built mine opening seal locations
and proposed backfill plans, is presented graphically on Drawing Nos.
B15-334-E4 and B15-334-E5. The five mine openings within the box cut
have previously been sealed in accordance with the MSHA approval.
Subsequently, the sealed openings were backfilled with soil and rock.
The surveyed limits of the soil and rock backfill are presented on
Drawing No. B15-334-E4. During our field visit, it was noted that the
backfill above opening No. 2 had settled, exposing the top of the
opening. Additional soil and rock will be placed at the openings to at
least 4 feet above the coal seam.
(2) The petitioner proposes to backfill the totally incised box cut
excavation with coal refuse; however, 30 CFR 77.214(a) states that
refuse piles shall not be located over abandoned openings. The apparent
intent of this regulation is to limit the potential for a ``blowout''
of mine water and to limit the potential for combustion of the refuse
and/or coal seam. The proposed backfill plan described below addresses
these concerns and provides a practical method of backfilling the box
cut excavation that will provide an equivalent or greater measure of
protection afforded by the existing standard.
(3) In the case of the Wet Branch box cut, the material excavated
from the box cut was used to bring the preparation plant and coal
stockpile areas to grade and is no longer available to eliminate the
pit. The coal refuse will be used as a construction material, not to
construct a new refuse pile. The five openings associated with the
American Eagle Mine in the No. 2 Gas seam were sealed and have been
backfilled with soil and rock. Additional soil and rock fill placement
is specified to effectively isolate the openings from the proposed
refuse backfill. The seal in Opening No. 2 located at the southern end
of the box cut included a drain through the seal. It is proposed to cap
this drain since there are openings at a lower elevation to the
northwest currently discharging water from unmapped abandoned mine
workings which were intersected by this mine. The previously placed and
proposed soil and rock isolates the mine workings from the proposed
coal refuse fill minimizing any potential for a mine fire to spread to
the refuse fill. Any exposed coal seams will be covered with at least
four feet of soil and rock as the coal refuse backfill is placed. The
coal refuse will be placed in 2-foot maximum thick lifts. This
requirement should preclude the potential for the refuse to
spontaneously combust. Since the mine has a gravity outlet at an
elevation lower than the bottom of the box cut, there is no significant
potential for the mine workings at the box cut to flood.
The petitioner asserts that the proposed alternative method will
provide an equivalent or greater measure of protection to that afforded
by the existing standard.
Docket Number: M-2015-023-C.
Petitioner: M-Class Mining, LLC, 11351 N. Thompsonville Road,
Macedonia, Illinois 62860.
Mine: MC #1 Mine, MSHA I.D. No. 11-03189, located in Franklin
County, Illinois.
Regulation Affected: 30 CFR 75.503 (permissible electric face
equipment; maintenance) and 18.35 (Portable (trailing) cables and
cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of 995-volt trailing cables with a
maximum length of 1000 feet. The petitioner states that:
(1) The 995-volt bolters trailing cables will not be smaller than
No. 2 American Wire Gauge (AWG) cable.
(2) All circuit breakers used to protect the No. 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 so that the settings 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 cables. The cables will be maintained legible.
(3) Replacement instantaneous trip units used to protect the No. 2
AWG trailing cables will be calibrated to trip at 800 amperes and this
setting will be sealed and locked.
(4) All components that provide short-circuit protection will have
a sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(5) Short circuit settings must not exceed the setting specified in
the approval documentation or 70 percent of the maximum available
current, whichever is less.
(6) Any cable that is not in safe operating condition will be
removed from service immediately and repaired or replaced.
(7) Each splice or repair in the trailing cables will be made in a
workmanlike manner and in accordance with the instructions of the
manufacturer of the splice or repair kit. 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.
(8) In the event that mining methods or operating procedures cause
or contribute to the damage of any trailing cable, the trailing cable
will be removed from service immediately, repaired or replaced, and
additional precautions will be taken to ensure that in the future the
cable is protected and maintained in safe operating condition.
(9) During the production day, persons designated by the mine
operator will visibly examine the trailing cables to ensure that the
cables are in safe operating condition. The instantaneous settings of
the specially calibrated breakers will also be visually examined to
ensure that the seals or locks have not been removed and that they do
not exceed the settings stipulated in this petition.
(10) Permanent warning labels will be installed and maintained on
the cover(s) of the power center identifying the location of each
sealed short-circuit protective device. These labels will
[[Page 77025]]
warn miners not to change or alter these sealed short-circuit settings.
(11) The alternative method will not be implemented until all
miners who have been designated to examine the integrity of the seals
or locks to verify the short-circuit settings, and to examine the
trailing cables for defects, have received training.
(12) Within 60 days after the proposed decision and order becomes
final, the petitioner will submit proposed revisions for their approved
30 CFR part 48 training plans to the District Manager. The procedures
specified in 30 CFR 48.3 for approval of proposed revisions to already
approved training plans will apply. The training will include the
following elements:
(a) Mining methods and operating procedures that will protect the
trailing cables against damage.
(b) Proper procedures for examining the trailing cables to ensure
that the cables are in safe operating 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 asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2015-024-C.
Petitioner: Perry County Coal, LLC, P.O. Box 190, Lovely, Kentucky
41231.
Mine: E4-1 Mine, MSHA I.D. No. 15-18565, E4-2 Mine, MSHA I.D. No.
15-19015 and E3-1 Mine, MSHA I.D. No. 15-18662, located in Perry
County, Kentucky.
Regulation Affected: 30 CFR 75.1506(a)(1) (Refuge alternatives).
Modification Request: The petitioner requests a modification of the
existing standard to allow for alternate examination, testing,
maintenance, and repairs of Mine Shield underground shelters. The
petitioner seeks modification of the standard as it applies to
examinations, testing, maintenance, and repairs by the refuge
manufacturer (Mine Shield LLC located at 322 Crab Orchard Road,
Lancaster, Kentucky 40444). The petitioner states that:
(1) There are a total of 7 Mine Shield LLC shelters in service and
5 Mine Shield Shelter available in its Perry County Coal E4-1 Mine, E4-
2 Mine, and E3-1 Mine. All units have been retrofitted as prescribed by
MSHA.
(2) Examination, testing, maintenance, and repairs cannot be
accomplished according to the manufacturer's recommendation since Mine
Shield LLC is no longer in business and the technician conducting the
examination, maintenance, and repairs no longer exist.
(3) The examinations, testing, maintenance, and repairs as required
by the manufacturer's recommendation cannot be conducted since the
manufacturer's technicians are no longer available. The petitioner
proposes to:
--Have certified and qualified persons as defined in 30 CFR 75.151
conduct all examination, testing, maintenance, and repairs. A
sufficient number of trained personnel will be provided. A list of
qualified examiners, maintenance, and repair persons will be posted at
each mine, and proof of training will be verifiable by MSHA forms 5000-
23.
--Adhere to and comply with all provisions of the Manufacturer's
Service Manual on all shelters.
--Train all examiners and repairmen through the WHA International Inc.,
Mr. Elliot Forsyth, BSME PE Chief, Technical Training Officer, Senior
Oxygen Safety & Forensic Engineer, or his equivalent, on Level 1, Level
2, and Level 3.
--Train all examiners, maintenance, and repair persons in use of, and
equip them with, a state of the art IBRID MX6 Gas Monitor (MSHA
approval # 07-LPA-130006, Part Approval # 222-A080002-0) gas monitoring
device manufactured by Industrial Scientific Inc.
--Continue maintenance and repairs of incidental and routine nature
such as replacing leaking air lines, breathable air cylinders,
curtains, batteries, out dated items such as food, water, fire
extinguishers, emergency first aid equipment, identification tags and
other minor issues too numerous to list.
--Record and retain the results of all examinations, tests,
maintenance, and repairs for one year and make available to MSHA.
Within 60 days after the Proposed Decision and Order (PDO) becomes
final, the petitioner will submit proposed revisions for its approved
part 48 training plan to the District Manager. These proposed revisions
will specify initial and refresher training regarding the terms and
conditions stated in the PDO.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2015-025-C.
Petitioner: Hamilton County Coal, LLC, P.O. Box 339, McLeansboro,
Illinois 62959.
Mine: Mine No. 1, MSHA I.D. No. 11-03203, located in Hamilton
County, Illinois.
Regulation Affected: 30 CFR 75.382(a) and (b) (Mechanical escape
facilities).
Modification Request: The petitioner requests a modification of the
existing standard to permit, through the use of alternative safety
measures, the use of the slope belt conveyor as a mechanical escape
facility at the Mine No. 1. The petitioner states that:
(1) The Mine No. 1 extracts coal from the Herrin No. 6 seam by both
continuous mining and longwall extraction methods. The coal seam is
intersected by a vertical shaft with cage hoist facility and by a dual
compartment slope that contains a slope car hoist facility in the lower
track compartment and a belt conveyor in the isolated upper
compartment. Escapeways as required in 30 CFR 75.380(a) are connected
to these hoist facilities as required by 30 CFR 75.380(i)(1) and (2).
(2) Rope and drum hoists used as mechanical escape facilities are
subject to maintenance and/or conditions that could interfere with the
operation of the facility for extended periods of time. The
availability of a third mechanical escape facility enhances compliance
with escapeway regulations in that there will be an additional escape
facility during normal hoist operations and provide the second
mechanical escape facility in the event there is required maintenance
of either rope and drum hoist.
(3) The specific language of 30 CFR 75.382(a), (b), (c)(1) and (2),
and (f) specifically addresses rope-type drum hoists and elevators.
Subparagraph (b) also uses the term ``or other devices'' as a reference
to a type of escape facility. While not specifying a belt conveyor as
an ``other device'', the subparagraph also does not preclude a belt
conveyor from being used as an escape facility.
(4) Belt conveyors have been used to safely transport miners to and
from the surface and underground areas of coal mines when the safety
measures and provisions listed in the criteria of 30 CFR 75.1403-5 are
provided. Belt conveyors so equipped for the transportation of
personnel and used as a ``mantrip'' can also be used safely as a
mechanical escape facility.
(5) Current technology for slope belt conveyors can now provide
mechanical escape facility capability with no less measure of safety
for the miner than the application of the mandatory standard. The 72-
inch slope belt conveyor at Mine
[[Page 77026]]
No. 1 is powered by multiple drive motors located on the mine's surface
facilities. Each drive motor is controlled by a variable frequency
drive (VFD), coupled with encoders, that monitors the speed of the
motor unit and can shut down the belt if a predetermined speed set
point is exceeded.
(6) The original equipment manufacturer has by design, provided the
necessary components (variable frequency drives, programmable logic
computers and associated software, and switches/touchscreen controls)
to provide for ``mantrip-mode'' operation. Additionally, the drive
motor gear boxes are provided with a braking/blocking device that
mechanically prevents rotation of the gears when the drive motors are
deenergized.
The petitioner proposes to use the slope belt conveyor at Mine No.
1 as a mechanical escape facility conditioned on compliance with the
following:
--The slope belt conveyor will be equipped with an automatic braking
system which prevents the belt from reversing direction if power is
lost.
--Positive acting stop control will be installed along the slope belt
conveyor and such controls will be readily accessible and will be
maintained so that the belt can be stopped or started at any location.
Automatic controls will also deenergize the belt flight dumping onto
the slope belt and will be so designed that the power cannot be
reapplied to the belt flight dumping onto the slope belt while it is in
use as an emergency escape facility.
--The slope belt conveyor will have a minimum vertical clearance of 18
inches from the nearest overhead projection when measured from the edge
of the belt and there will be at least 36 inches of sided clearance
where men board and leave the slope conveyor.
--When persons are being transported on the slope belt conveyor being
used as an emergency escape facility, the belt speed will not exceed
300 feet per minute when the vertical clearance is less than 24 inches
and will not exceed 350 feet per minute when the vertical clearance is
24 inches or more.
--Adequate illumination including colored lights or reflectors will be
installed at all loading and unloading stations on the slope conveyor
belt. Such colored lights will be located to be observable to all
persons riding the conveyor belt.
--The slope conveyor belt will not be used to transport supplies and
the slope conveyor will be clear of all material, including coal,
before men are transported.
--Telephone or other suitable communications will be provided at points
where persons are loaded on or unloaded from the slope belt conveyor.
--Suitable crossing facilities will be provided wherever persons must
cross the moving slope conveyor or any other moving belt conveyor belt
to gain access to or leave the mechanical escape facility.
--The belt slope conveyor will have a minimum 48-inch wide clear
travelway on at least one side and will have a minimum 24-inch clear
travelway on the opposite side.
--Suitable belt crossing facilities will be provided wherever necessary
to maintain a continuous route of travel alongside the slope belt
conveyor from the slope bottom where the alternative escape exits the
slope belt entry at the surface.
--The slope belt conveyor will be examined by a certified person at
least once a week. This examination will include:
(a) Operating the slope belt conveyor as an emergency escape
facility;
(b) Examination for hazards along the slope belt conveyor and
examination of the mechanical and electrical condition of the slope
conveyor system;
(c) Immediate reporting of hazards or mechanical deficiencies
observed; and
(d) Confirmation that any reported hazards or defects are corrected
before the slope belt is used as an emergency escape facility.
--The slope conveyor belt will also be subject to the preshift
examination requirements of 30 CFR 75.360(b)(2) and, where one of those
examinations include operation of the slope conveyor as a mechanical
escape facility and examination for mechanical and electrical condition
of the slope belt conveyor, the weekly examination requirements will be
satisfied.
--The person(s) making the examinations will certify by initials, date,
and the time the examinations were made. The certification will be at
the loading and unloading stations of the slope conveyor belt.
The petitioner asserts that the proposed alternative method will at
all times provide the same degree of safety as that provided by the
existing standard.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-31220 Filed 12-10-15; 8:45 am]
BILLING CODE 4520-43-P
