Petitions for Modification of Application of Existing Mandatory Safety Standards, 47419-47422 [2016-17174]

Download as PDF 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. VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 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: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 47419 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: E:\FR\FM\21JYN1.SGM 21JYN1 47420 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. VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 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. PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 (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 E:\FR\FM\21JYN1.SGM 21JYN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices 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 VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 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. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 47421 (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. E:\FR\FM\21JYN1.SGM 21JYN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 47422 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices 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. VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 (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 Frm 00079 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. E:\FR\FM\21JYN1.SGM 21JYN1

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.

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

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

[[Page 47421]]

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