Petitions for Modification of Application of Existing Mandatory Safety Standards, 47419-47422 [2016-17174]
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Records Notice. In response to
comments, the Department is revising
one SORN. That SORN, and the
remainder of SORNs published on April
29, 2016, will become effective on the
date of publication of this notice.
DATES: The effective date for the
Department’s System of Records Notice
is the date of publication of this notice.
Effective Date: The date of publication
of this notice.
FOR FURTHER INFORMATION CONTACT:
Joseph J. Plick, Counsel for FOIA and
Information Law, Office of the Solicitor,
Department of Labor, 200 Constitution
Avenue, NW., Room N–2420,
Washington, DC 20210, telephone (202)
693–5527, or by email to plick.joseph@
dol.gov.
Background: On April 29, 2016, the
Department of Labor issued a
Publication In Full of All Notices of
Systems of Records, including several
new systems; substantive amendments
to systems; decommissioning of obsolete
legacy systems; and publication of new
universal routine uses for all system of
records. The Department received
several public comments and one
Federal agency comment on this System
of Records Notice during the public
comment period, which ended June 8,
2016. The Department required
additional time to review and address
the comments, so, by Federal Register
notice of June 21, 2016, 81 FR 40352,
the effective date was postponed to July
23, 2016.
The Department is now publishing
this notice to address the eleven
comments to and revise SORN DOL/
Central-5 in response to those
comments.
Comment: Several comments
criticized Universal Routine Use #14,
which ‘‘permits the Department to
disclose information to the United
States Department of Justice (DOJ) and
the Federal Bureau of Investigation (FBI)
that will be included in the National
Instant Criminal Background Check
System (NICS).’’ The commenters
argued that this Routine Use
impermissibly infringes on Second
Amendment rights. One commenter
stated, for example:
This rule (which refers specifically to 23
executive actions that Obama took on Jan. 16,
2013) infringes on the Second Amendment
by having developed through rule, manner in
which protected health information (PHI) is
now authorized to be released
unconstitutionally by HHS to agenc(ies) of
the federal government without the affected
individual’s consent, and the PHI is thus
used in a manner to target individuals and
unconstitutionally remove access to weapons
in connection with NICS.
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Response: The Department is required
by law—the Brady Handgun Violence
Prevention Act, as amended by the NICS
Improvement Amendments Act of
2007—to provide information to the
Attorney General to carry out its
provisions. Therefore, the Department is
declining to make changes to Universal
Routine Use #14.
Comment: One comment was critical
of Universal Routine Use #13, which
allows the Department to disclose
information to a state or local
government agency in charge of issuing
licenses to attorneys and health care
professionals. The commenter raised the
concern that state laws, particularly
California’s state laws, prohibit
information sharing with state and local
agencies.
Response: Under the Supremacy
Clause, federal law takes precedence
over state law. But to the extent that
state law in California may apply, the
Department has not identified any laws
which prohibit the disclosure
contemplated by Universal Routine Use
#13. On the contrary, California’s most
broadly applicable privacy law—the
Information Practices Act of 1977—
explicitly allows sharing ‘‘To a law
enforcement or regulatory agency when
required for an investigation of unlawful
activity or for licensing, certification, or
regulatory purposes, unless the
disclosure is otherwise prohibited by
law.’’ The Department declines to make
changes in response to this comment.
Comment: Several comments did not
specifically reference or provide
substantive feedback on any section of
the SORN. One commenter stated, for
example, ‘‘I do not favor the use of
funds for rail support that is not directly
supportive of General Aviation or
Airline services, viz. flights.’’ Another
argued ‘‘No undocumented alien should
have the same ability to sue for
discrimination because of their country
of origin, as an American Citizen does.’’
Response: The Department was
unable to identify any sections of the
SORN relevant to these comments, and,
therefore, is making no changes in
response.
Comment: Three commenters,
including the Office of Government
Information Services (OGIS) (within the
National Archives and Records
Administration (NARA)) suggested
changing the text of Routine Use (b) in
the DOL/Central-5 SORN, which covers
the Department’s Freedom of
Information Act files, to follow model
language drafted by OGIS and to
explicitly note that disclosure to OGIS
is a permissible routine use for FOIA
files. Specifically, the OGIS model
language states:
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To the National Archives and Records
Administration, Office of Government
Information Services (OGIS), to the extent
necessary to fulfill its responsibilities in 5
U.S.C. 552(h), to review administrative
agency policies, procedures and compliance
with the Freedom of Information Act (FOIA),
and to facilitate OGIS’ offering of mediation
services to resolve disputes between persons
making FOIA requests and administrative
agencies.
Response: The Department agrees that
additional language can be helpful to
clarify that the scope of permissible
disclosures of FOIA files under Routine
Use (b) of DOL/Central 5 SORN includes
disclosure to OGIS in order to facilitate
its responsibilities related to FOIA
compliance and mediation.
Accordingly, the Department is revising
this routine use to incorporate this
model language. Routine Use (b) will
now read:
Information to other Federal agencies (e.g.,
Department of Justice or the Office of
Government Information Services within the
National Archives and Records
Administration) in order to obtain advice and
recommendations concerning matters on
which the agency has specialized experience
or particular competence; for use in making
required determinations; to fulfill agency
responsibilities to review administrative
agency policies, procedures, and compliance
under the Freedom of Information Act or the
Privacy Act of 1974; or to facilitate mediation
services between administrative agencies and
persons making Freedom of Information
requests.
The SORN will become effective, with
the change to DOL/Central-5, on the
date of publication of this notice.
Signed at Washington, DC this 15th July,
2016.
Thomas E. Perez,
Secretary of Labor.
[FR Doc. 2016–17209 Filed 7–20–16; 8:45 am]
BILLING CODE 4510–HL–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
SUMMARY:
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices
Safety and Health Administration
(MSHA) by the parties listed below.
DATES: All comments on the petitions
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before August 22, 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, 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:
asabaliauskas on DSK3SPTVN1PROD with 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.
II. Petitions for Modification
Docket Number: M–2016–021–C.
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Petitioner: The Marshall County Coal
Company, 57 Goshorn Woods Road,
Cameron, West Virginia 26033.
Mine: Marshall County Mine, MSHA
I.D. No. 46–01437, located in Marshall
County, West Virginia.
Regulation Affected: 30 CFR
77.1914(a) (Electrical equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of 480-volt,
three-phase, alternating current
submersible pumps to dewater
completed ventilation shafts prior to
being put into service. The petitioner
states that:
(1) The three-phase, 480-volt
alternating current electric power circuit
for the pump will be designed and
installed to:
(a) Contain either a direct or derived
neutral wire that will be grounded
through a suitable resistor at the source
transformer or power center and
through a grounding circuit originating
at the ground side of the grounding
resistor, which will extend along with
the power conductor and serve as the
grounding conductor for the frame of
the pump and all associated electric
equipment that may be supplied power
from this circuit.
(b) Contain a grounding resistor that
limits the ground-fault current to not
more than 25 amperes.
(c) The grounding resistor(s) will be
rated for the maximum fault current
available and will be insulated from
ground for a voltage equal to the phaseto-phase voltage of the system.
(2) The 480-volt pump circuit will
have a suitable circuit interrupting
device of adequate interrupting
capacity, with devices to protect against
under-voltage, grounded phase, shortcircuit, and overload.
(3) The under-voltage protection
device will operate on a loss-of-voltage
to prevent automatic restarting of the
equipment.
(4) The grounded phase protection
will be provided as follows:
(a) The grounded phase protection
device will be set not to exceed 40
percent of the current rating of the
neutral grounding resistor.
(b) The 480-volt circuit will also have
an undercurrent relay device to prevent
closing the breaker when a phase to
ground fault condition exists on the
system, and a test circuit that will inject
a test current through the grounded
phase current transformer.
(5) The short-circuit protection device
will be set not to exceed the required
short-circuit protection for the power
cable or 75 percent of the minimum
available phase-to-phase short-circuit
current, whichever is less.
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(6) The circuit will include a
disconnecting device located on the
surface and installed in conjunction
with the circuit breaker to provide a
means for visual evidence that the
power is disconnected from the pump
circuits, and a means to lock and tag-out
the system.
(7) The pump power system will
include a fail-safe ground check circuit,
or other no less effective device
approved by MSHA that will cause the
circuit breaker to open when either the
ground or pilot wire is broken. A
manually operated test switch will be
provided to verify the operation ground
check device. The device will be
installed and maintained operable to
monitor the ground continuity from the
starter box to the pump.
(8) The pump(s) electric control
circuit(s) will be designed and installed
so that the pump(s) cannot start and/or
run in the automatic mode if the water
is below the low-water probe level. The
low-water probe will be positioned to
maintain at least 12 inches above the
inlet of the pump and electrical
connections of the pump motor. The
low-water probe will be suitable for
submersible pump control application.
All probe circuits will be intrinsically
safe. A motor controller will be
provided and used for pump startup and
shutdown.
(9) The pump installation will be
equipped with a water level indicator at
the pump circuit controls such that a
miner can determine the water level is
above the pump inlet and electrical
connectors.
(10) The surface pump(s) control and
power circuits will be examined as
required by 30 CFR 77.502, as follows:
(a) A record of the examinations will
be kept in accordance with 30 CFR
77.502 and 77.502–2.
(b) The examinations will include a
functional test of the grounded phase
protective device(s) to determine proper
operation.
(c) A record of the functional tests
will be recorded in an electrical
equipment record book.
(d) Prior to placing the pump into
service an electrical examination will be
performed.
(e) Methane checks will be made at
the collar of the borehole prior to
energizing the pump. The pump will
not be energized if 1.0 percent or greater
of methane is detected.
(11) The power cable to the
submersible pump motor will be
suitable for this application and have a
current carrying capacity not less than
125 percent of the full load current of
the submersible pump motor and an
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outer jacket suitable for a ‘‘wet
location’’.
(12) Splices and connections made in
submersible pump cable will be made in
a workmanlike manner and will meet
the requirements of 30 CFR 75.604. The
pump installations will comply with all
other applicable 30 CFR requirements.
(13) The District Manager (DM) will
be notified prior to dewatering any shaft
using a nonpermissible submersible
pump, and the required shaft plan will
include this notification.
(14) Within 60 days after this petition
for modification is granted, the
petitioner will submit proposed
revisions for their approved part 48
training plan to the DM. The proposed
revisions will specify task training for
all qualified electricians who perform
electric work and monthly electric
examinations as required by 30 CFR
77.502 and refresher training regarding
the alternative method outlined in the
petition and the terms and conditions
stated in the Proposed Decision and
Order. The training will include the
following elements:
(a) The hazards that could exist if the
water level falls below the pump inlet
or the electric connections of the pump
motor.
(b) The safe restart procedures, which
will include the miner determining that
the water level is above the pump inlet
and pump motor prior to attempting to
establish power and start the pump
motor.
(15) The procedures of 30 CFR 48.3
for approval of proposed revisions to
already approved training plans will
apply.
The petitioner further states that:
1. Upon completion of excavation/
construction of a shaft, the shaft begins
to accumulate water and personnel are
never required to go below the collar of
the shaft for dewatering purposes.
2. In case there is a blind drilled shaft,
the shaft is fully lined with steel casing
and is grouted in place. This steel casing
and grout seal isolates the completed
blind drilled shaft from any coal seams,
mitigating any possibility for methane to
enter the blind drilled shaft.
3. In the case of a conventionally
constructed shaft, ventilation devices
are installed to ensure that potential
methane accumulations are mitigated.
Dewatering significantly minimizes the
chance of these devices becoming
compromised. The electric motor of any
submersible pump is located below the
pump intake making it impossible for
the motor to be above the surface of the
water.
4. Currently there are no electric
submersible motor/pump assemblies
manufactured that will effectively pump
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water at the current and future depths
of mine workings that are permissible as
required by 30 CFR 77.1914(a).
5. The alternative method outlined in
this petition is consistent with prudent
engineering design pursuant to 30 CFR
77.1900 since it minimizes the hazards
to those employed in the initial or
subsequent development of the shaft.
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–2016–022–C.
Petitioner: ACI Tygart Valley, 1200
Tygart Drive, Grafton, West Virginia
26354.
Mine: Leer Mine, MSHA I.D. No. 46–
09192, located in Taylor County, West
Virginia.
Regulation Affected: 30 CFR
75.1904(b)(6) (Underground diesel fuel
tanks and safety cans).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of a Brookville diesel motor in a dual
role as a motor/diesel fuel
transportation unit.
The petitioner seeks modification of
the existing standard as it applies to the
requirement for a shut-off valve in the
return line from the motor’s engine back
to the fuel tank. Use of a shut-off valve
in the return line may pose a risk to the
motor’s operation and emissions and is
not related to fuel dispensing. All other
required shut-off valves are installed on
the connections as close as practicable
to the tank’s shell. The petitioner
proposes to:
(1) Equip the Brookville diesel motor
with a fuel tank constructed of 3⁄16-inch
steel plates designed to serve as both the
motor’s fuel tank and fuel dispensing
tank. The tank is equipped with a pump
that can only dispense 50 percent of the
tank’s capacity, which will ensure the
motor’s fuel supply cannot be
completely depleted.
(2) Shut off the motor’s engine during
the fueling process to eliminate
unnecessary idling. The 8-gallons per
minute fuel dispensing pump will
operate using a separate battery power
source that has been added to supply
pump power. The fuel dispensing hose
is a 50-foot hose with a no-latch open
device and a self-closing valve. There is
a power supply switch at the pump’s
nozzle storage bracket as well as an
emergency shut-off switch located above
the fuel tank. The emergency switch is
protected by a cover that automatically
ensures that the switch is in the off
position any time the cover is closed.
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(3) Post the following fueling
procedures on the fuel tank:
—Make sure the fueling sign is hung
and the motor’s engine is shut off.
—Inspect fire extinguishers prior to
beginning the fueling process.
—Ensure that fire extinguishers are
located outby the fueling point.
—Verify fuel hose, equipment, etc. are
in good condition.
—Test for methane in the atmosphere.
—Check for potential ignition sources
and other hazards in the area.
—Notify the mine dispatcher before
starting.
—Unlock and open the emergency shutoff switch.
—Check for any spills after the fueling
is complete.
—Shut off the emergency switch and
close locked cover.
—Notify the mine dispatcher after
completion.
(4) Equip the tank with a 4-inch vent
designed to open at a pressure not to
exceed 2.5 pounds per square inch, as
required by 30 CFR 75.1904(b).
(5) Identify and mark tank openings
and pressure-test the tank, fittings and
components.
(6) Equip the pump dispensing line
and fuel supply lines with shut-off
valves, as required by 30 CFR
75.1904(b)(6).
(7) Equip the pump dispensing line
with an anti-siphoning device, as
required by 30 CFR 75.1905(b)(iii).
(7) Provide the pump dispensing line
with a self-closing valve with no latchopen device, as required by 30 CFR
75.1905(b)(3)(ii).
(8) Install additional fire suppression
and detection to ensure that the system
protects and meets all of the
requirements of 30 CFR 75.1911.
Petitioner states that at no time will
the motor be operated unattended, in
accordance with 30 CFR 75.1916(e).
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 DM. The
proposed revisions will include initial
and refresher training regarding
compliance with the terms and
conditions of 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–2016–023–C.
Petitioner: UtahAmerican Energy,
Inc., 794 North ‘‘C’’ Canyon Road, P.O.
Box 910, East Carbon, Utah 84520.
Mine: Lila Canyon Mine, MSHA I.D.
No. 42–02241, located in Carbon
County, Utah.
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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 lowvoltage or battery-powered
nonpermissible electronic testing and
diagnostic equipment within 150 feet of
pillar workings or longwall faces. The
petitioner states that:
(1) The use of nonpermissible lowvoltage or battery-powered electronic
testing and diagnostic equipment will
be limited to: Laptop computers;
oscilloscopes; vibration analysis
machines; cable fault detectors; point
temperature probes; infrared
temperature devices; insulation testers
(meggers); voltage, current and power
measurement devices and recorders;
pressure and flow measurement devices;
signal analyzer devices; ultrasonic
thickness gauges; electronic components
testers; and electronic tachometers.
Other testing and diagnostic equipment
may be used if approved in advance by
MSHA’s District Manager.
(2) Nonpermissible electronic testing
and diagnostic equipment will be used
only when equivalent permissible
equipment does not exist.
(3) All other testing and diagnostic
equipment used within 150 feet of pillar
workings or longwall faces will be
permissible.
(4) All nonpermissible low-voltage or
battery-powered nonpermissible
electronic testing and diagnostic
equipment used within 150 feet of pillar
workings will be examined by a
qualified person as defined in 30 CFR
75.153 prior to use to ensure the
equipment is being maintained in a safe
operating condition. These examination
results will be recorded in the weekly
examination electrical equipment book
and made available to MSHA on
request.
(5) A qualified person as defined in 30
CFR 75.151 will continuously monitor
for methane immediately before and
during the use of nonpermissible
electronic testing and diagnostic
equipment within 150 feet of pillar
workings.
(6) Nonpermissible electronic testing
and diagnostic equipment will not be
used if methane is detected in
concentrations at or above one percent.
When 1.0 percent or more of methane is
detected while the nonpermissible
electronic equipment is being used, the
equipment will be deenergized
immediately and the nonpermissible
electronic equipment will be withdrawn
to outby 150 feet from pillar workings.
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(7) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as required by 30
CFR 75.320.
(8) Except for time necessary to
troubleshoot under actual mining
conditions, coal production on the
section will cease. However, coal may
remain in the panline to test and
diagnose the equipment under load.
(9) Nonpermissible electronic testing
and diagnostic equipment will not be
used to test equipment when float coal
dust is in suspension.
(10) All electronic testing and
diagnostic equipment will be used in
accordance with the safe use procedures
recommended by the manufacturer.
(11) Qualified personnel who use
electronic testing and diagnostic
equipment will be properly trained to
recognize the hazards and limitations
associated with use of the equipment.
(12) The nonpermissible low-voltage
or battery-powered nonpermissible
electronic testing and diagnostic
equipment will not be put into service
until MSHA has inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition. The
petitioner will notify MSHA before
additional nonpermissible electronic
testing and diagnostic equipment is put
into service within 150 feet of pillar
workings to provide time for MSHA to
inspect the equipment before initial use.
(13) Cables supplying power to lowvoltage testing and diagnostic
equipment will be continuous in length
or provided with ‘‘twist lock’’
connectors when used with 150 feet of
pillar workings.
The petitioner asserts that application
of the existing standard will result in a
diminution of safety to the miners and
that the proposed alternative method
will at all times guarantee no less than
the same measure of protection afforded
by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2016–17174 Filed 7–20–16; 8:45 am]
BILLING CODE 4520–43–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:
PO 00000
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Fmt 4703
Sfmt 4703
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 MSHA’s Office of
Standards, Regulations, and Variances
on or before August 22, 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, 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
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.
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]]>Agencies
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47419-47422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17174]
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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
[[Page 47420]]
Safety and Health Administration (MSHA) by the parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before August 22, 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, 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:
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-2016-021-C.
Petitioner: The Marshall County Coal Company, 57 Goshorn Woods
Road, Cameron, West Virginia 26033.
Mine: Marshall County Mine, MSHA I.D. No. 46-01437, located in
Marshall County, West Virginia.
Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of 480-volt, three-phase,
alternating current submersible pumps to dewater completed ventilation
shafts prior to being put into service. The petitioner states that:
(1) The three-phase, 480-volt alternating current electric power
circuit for the pump will be designed and installed to:
(a) Contain either a direct or derived neutral wire that will be
grounded through a suitable resistor at the source transformer or power
center and through a grounding circuit originating at the ground side
of the grounding resistor, which will extend along with the power
conductor and serve as the grounding conductor for the frame of the
pump and all associated electric equipment that may be supplied power
from this circuit.
(b) Contain a grounding resistor that limits the ground-fault
current to not more than 25 amperes.
(c) The grounding resistor(s) will be rated for the maximum fault
current available and will be insulated from ground for a voltage equal
to the phase-to-phase voltage of the system.
(2) The 480-volt pump circuit will have a suitable circuit
interrupting device of adequate interrupting capacity, with devices to
protect against under-voltage, grounded phase, short-circuit, and
overload.
(3) The under-voltage protection device will operate on a loss-of-
voltage to prevent automatic restarting of the equipment.
(4) The grounded phase protection will be provided as follows:
(a) The grounded phase protection device will be set not to exceed
40 percent of the current rating of the neutral grounding resistor.
(b) The 480-volt circuit will also have an undercurrent relay
device to prevent closing the breaker when a phase to ground fault
condition exists on the system, and a test circuit that will inject a
test current through the grounded phase current transformer.
(5) The short-circuit protection device will be set not to exceed
the required short-circuit protection for the power cable or 75 percent
of the minimum available phase-to-phase short-circuit current,
whichever is less.
(6) The circuit will include a disconnecting device located on the
surface and installed in conjunction with the circuit breaker to
provide a means for visual evidence that the power is disconnected from
the pump circuits, and a means to lock and tag-out the system.
(7) The pump power system will include a fail-safe ground check
circuit, or other no less effective device approved by MSHA that will
cause the circuit breaker to open when either the ground or pilot wire
is broken. A manually operated test switch will be provided to verify
the operation ground check device. The device will be installed and
maintained operable to monitor the ground continuity from the starter
box to the pump.
(8) The pump(s) electric control circuit(s) will be designed and
installed so that the pump(s) cannot start and/or run in the automatic
mode if the water is below the low-water probe level. The low-water
probe will be positioned to maintain at least 12 inches above the inlet
of the pump and electrical connections of the pump motor. The low-water
probe will be suitable for submersible pump control application. All
probe circuits will be intrinsically safe. A motor controller will be
provided and used for pump startup and shutdown.
(9) The pump installation will be equipped with a water level
indicator at the pump circuit controls such that a miner can determine
the water level is above the pump inlet and electrical connectors.
(10) The surface pump(s) control and power circuits will be
examined as required by 30 CFR 77.502, as follows:
(a) A record of the examinations will be kept in accordance with 30
CFR 77.502 and 77.502-2.
(b) The examinations will include a functional test of the grounded
phase protective device(s) to determine proper operation.
(c) A record of the functional tests will be recorded in an
electrical equipment record book.
(d) Prior to placing the pump into service an electrical
examination will be performed.
(e) Methane checks will be made at the collar of the borehole prior
to energizing the pump. The pump will not be energized if 1.0 percent
or greater of methane is detected.
(11) The power cable to the submersible pump motor will be suitable
for this application and have a current carrying capacity not less than
125 percent of the full load current of the submersible pump motor and
an
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outer jacket suitable for a ``wet location''.
(12) Splices and connections made in submersible pump cable will be
made in a workmanlike manner and will meet the requirements of 30 CFR
75.604. The pump installations will comply with all other applicable 30
CFR requirements.
(13) The District Manager (DM) will be notified prior to dewatering
any shaft using a nonpermissible submersible pump, and the required
shaft plan will include this notification.
(14) Within 60 days after this petition for modification is
granted, the petitioner will submit proposed revisions for their
approved part 48 training plan to the DM. The proposed revisions will
specify task training for all qualified electricians who perform
electric work and monthly electric examinations as required by 30 CFR
77.502 and refresher training regarding the alternative method outlined
in the petition and the terms and conditions stated in the Proposed
Decision and Order. The training will include the following elements:
(a) The hazards that could exist if the water level falls below the
pump inlet or the electric connections of the pump motor.
(b) The safe restart procedures, which will include the miner
determining that the water level is above the pump inlet and pump motor
prior to attempting to establish power and start the pump motor.
(15) The procedures of 30 CFR 48.3 for approval of proposed
revisions to already approved training plans will apply.
The petitioner further states that:
1. Upon completion of excavation/construction of a shaft, the shaft
begins to accumulate water and personnel are never required to go below
the collar of the shaft for dewatering purposes.
2. In case there is a blind drilled shaft, the shaft is fully lined
with steel casing and is grouted in place. This steel casing and grout
seal isolates the completed blind drilled shaft from any coal seams,
mitigating any possibility for methane to enter the blind drilled
shaft.
3. In the case of a conventionally constructed shaft, ventilation
devices are installed to ensure that potential methane accumulations
are mitigated. Dewatering significantly minimizes the chance of these
devices becoming compromised. The electric motor of any submersible
pump is located below the pump intake making it impossible for the
motor to be above the surface of the water.
4. Currently there are no electric submersible motor/pump
assemblies manufactured that will effectively pump water at the current
and future depths of mine workings that are permissible as required by
30 CFR 77.1914(a).
5. The alternative method outlined in this petition is consistent
with prudent engineering design pursuant to 30 CFR 77.1900 since it
minimizes the hazards to those employed in the initial or subsequent
development of the shaft.
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-2016-022-C.
Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County,
West Virginia.
Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel
tanks and safety cans).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of a Brookville diesel motor in a dual role as a motor/
diesel fuel transportation unit.
The petitioner seeks modification of the existing standard as it
applies to the requirement for a shut-off valve in the return line from
the motor's engine back to the fuel tank. Use of a shut-off valve in
the return line may pose a risk to the motor's operation and emissions
and is not related to fuel dispensing. All other required shut-off
valves are installed on the connections as close as practicable to the
tank's shell. The petitioner proposes to:
(1) Equip the Brookville diesel motor with a fuel tank constructed
of \3/16\-inch steel plates designed to serve as both the motor's fuel
tank and fuel dispensing tank. The tank is equipped with a pump that
can only dispense 50 percent of the tank's capacity, which will ensure
the motor's fuel supply cannot be completely depleted.
(2) Shut off the motor's engine during the fueling process to
eliminate unnecessary idling. The 8-gallons per minute fuel dispensing
pump will operate using a separate battery power source that has been
added to supply pump power. The fuel dispensing hose is a 50-foot hose
with a no-latch open device and a self-closing valve. There is a power
supply switch at the pump's nozzle storage bracket as well as an
emergency shut-off switch located above the fuel tank. The emergency
switch is protected by a cover that automatically ensures that the
switch is in the off position any time the cover is closed.
(3) Post the following fueling procedures on the fuel tank:
--Make sure the fueling sign is hung and the motor's engine is shut
off.
--Inspect fire extinguishers prior to beginning the fueling process.
--Ensure that fire extinguishers are located outby the fueling point.
--Verify fuel hose, equipment, etc. are in good condition.
--Test for methane in the atmosphere.
--Check for potential ignition sources and other hazards in the area.
--Notify the mine dispatcher before starting.
--Unlock and open the emergency shut-off switch.
--Check for any spills after the fueling is complete.
--Shut off the emergency switch and close locked cover.
--Notify the mine dispatcher after completion.
(4) Equip the tank with a 4-inch vent designed to open at a
pressure not to exceed 2.5 pounds per square inch, as required by 30
CFR 75.1904(b).
(5) Identify and mark tank openings and pressure-test the tank,
fittings and components.
(6) Equip the pump dispensing line and fuel supply lines with shut-
off valves, as required by 30 CFR 75.1904(b)(6).
(7) Equip the pump dispensing line with an anti-siphoning device,
as required by 30 CFR 75.1905(b)(iii).
(7) Provide the pump dispensing line with a self-closing valve with
no latch- open device, as required by 30 CFR 75.1905(b)(3)(ii).
(8) Install additional fire suppression and detection to ensure
that the system protects and meets all of the requirements of 30 CFR
75.1911.
Petitioner states that at no time will the motor be operated
unattended, in accordance with 30 CFR 75.1916(e).
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 DM. The proposed revisions will include
initial and refresher training regarding compliance with the terms and
conditions of 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-2016-023-C.
Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road,
P.O. Box 910, East Carbon, Utah 84520.
Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon
County, Utah.
[[Page 47422]]
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 low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment within 150
feet of pillar workings or longwall faces. The petitioner states that:
(1) The use of nonpermissible low-voltage or battery-powered
electronic testing and diagnostic equipment will be limited to: Laptop
computers; oscilloscopes; vibration analysis machines; cable fault
detectors; point temperature probes; infrared temperature devices;
insulation testers (meggers); voltage, current and power measurement
devices and recorders; pressure and flow measurement devices; signal
analyzer devices; ultrasonic thickness gauges; electronic components
testers; and electronic tachometers. Other testing and diagnostic
equipment may be used if approved in advance by MSHA's District
Manager.
(2) Nonpermissible electronic testing and diagnostic equipment will
be used only when equivalent permissible equipment does not exist.
(3) All other testing and diagnostic equipment used within 150 feet
of pillar workings or longwall faces will be permissible.
(4) All nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment used within
150 feet of pillar workings will be examined by a qualified person as
defined in 30 CFR 75.153 prior to use to ensure the equipment is being
maintained in a safe operating condition. These examination results
will be recorded in the weekly examination electrical equipment book
and made available to MSHA on request.
(5) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment within
150 feet of pillar workings.
(6) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When 1.0 percent or more of methane is detected while the
nonpermissible electronic equipment is being used, the equipment will
be deenergized immediately and the nonpermissible electronic equipment
will be withdrawn to outby 150 feet from pillar workings.
(7) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as required by
30 CFR 75.320.
(8) Except for time necessary to troubleshoot under actual mining
conditions, coal production on the section will cease. However, coal
may remain in the panline to test and diagnose the equipment under
load.
(9) Nonpermissible electronic testing and diagnostic equipment will
not be used to test equipment when float coal dust is in suspension.
(10) All electronic testing and diagnostic equipment will be used
in accordance with the safe use procedures recommended by the
manufacturer.
(11) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(12) The nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment will not be
put into service until MSHA has inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition. The petitioner will notify MSHA before additional
nonpermissible electronic testing and diagnostic equipment is put into
service within 150 feet of pillar workings to provide time for MSHA to
inspect the equipment before initial use.
(13) Cables supplying power to low-voltage testing and diagnostic
equipment will be continuous in length or provided with ``twist lock''
connectors when used with 150 feet of pillar workings.
The petitioner asserts that application of the existing standard
will result in a diminution of safety to the miners and that the
proposed alternative method will at all times guarantee no less than
the same measure of protection afforded by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-17174 Filed 7-20-16; 8:45 am]
BILLING CODE 4520-43-P
