Petitions for Modification of Application of Existing Mandatory Safety Standards, 79521-79523 [2016-27286]

Download as PDF Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES Industrial Park, Bantian Street, Longgang Shenzhen, China, 518112 Grando d/b/a Shenzhen Dashentai Network Technology Co., Ltd., 806 Dongbian Building No.222 Minzhi Road, Minzhi Street Longhuaxinqu, Shenzhen, China, 518109 Shenzhen Yingxue Technology Co., Ltd., Room 14H, Haojingmingyuan Phase II No.28 Zhengqing Road, Buji Town, Longgang District, Shenzhen, China, 518112 Shenzhen Longwang Technology Co., Ltd., d/b/a LWANG B21, 5/F, West Of Bldg. 4, Seg Tech Park, Huaqiang North Rd., Futian Dist., Shenzhen, Guangdong, China, 518000 Hu Peng d/b/a AtomBud Room 602, Unit 1, Dongfangqinyuan 2 Pingan Road, Longgang District Shenzhen, China, 518112 (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 Issued: November 7. 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–27251 Filed 11–10–16; 8:45 am] BILLING CODE 7020–02–P 79521 Ref. No. 90–11–3–09733/3. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail: DEPARTMENT OF JUSTICE To submit comments: Send them to: Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act By email ....... pubcomment-ees.enrd@ usdoj.gov. Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044–7611. On November 1, 2016, the Department of Justice lodged a proposed consent decree with the United States District Court for the District of Arizona in the lawsuit entitled United States v. WestRock CP, LLC, Civil Action No. CV– 16–08247–PCT–PGR. The United States alleged that WestRock CP, LLC—as the successor to Southwest Forest Industries, Inc.—is liable under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9607, for reimbursement of response costs incurred or to be incurred by the U.S. Environmental Protection Agency in connection with releases or threatened releases of hazardous substances into the environment at or from land associated with a former wood-treating facility located approximately 1 mile northeast of Prescott, Arizona and on the Yavapai-Prescott Indian reservation. To date, unreimbursed response costs have totaled approximately $6.2 million. Under the proposed consent decree and consistent with an earlier bankruptcy settlement agreement, the United States will be allowed a general unsecured claim in the sum of $2.8 million in the Chapter 11 bankruptcy case involving WestRock CP, LLC’s predecessor Smurfit-Stone Container Corporation. The allowed claim will be satisfied as a cash distribution of $1,602,877.46; 56,064 shares of WestRock Company stock; and 9,344 shares of Ingevity Corporation stock. In return, the United States covenants not to sue or take administrative action against WestRock CP, LLC pursuant to Sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a), and Section 7003 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6973, regarding the site. The publication of this notice opens a period for public comment on the consent decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. WestRock CP, LLC, D.J. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 By mail ......... Under section 7003(d) of RCRA, a commenter may request an opportunity for a public meeting in the affected area. During the public comment period, the consent decree may be examined and downloaded at this Justice Department Web site: https:// www.justice.gov/enrd/consent-decrees. We will provide a paper copy of the consent decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ— ENRD, P.O. Box 7611, Washington, DC 20044–7611. Please enclose a check or money order for $6.00 (25 cents per page reproduction cost) payable to the United States Treasury. Henry Friedman, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division. [FR Doc. 2016–27229 Filed 11–10–16; 8:45 am] BILLING CODE 4410–15–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petitions must be received by MSHA’s Office of Standards, Regulations, and Variances on or before December 14, 2016. SUMMARY: E:\FR\FM\14NON1.SGM 14NON1 79522 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 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: ADDRESSES: mstockstill on DSK3G9T082PROD 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–2016–028–C. Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, Kentucky 42462. Mine: River View Mine, MSHA I.D. No. 15–19374, located in Union County, Kentucky. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 Modification Request: The petitioner requests a modification of the existing standard to permit the use of nonpermissible electronic testing or diagnostic equipment inby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic testing and diagnostic equipment to be used includes: Laptop computers, oscilloscopes, vibration analysis machines, cable fault detectors, point temperature and distance probes, infrared temperature devices, insulation testers (meggers), voltage, current, resistance meters and power testers, electronic tachometers, signal analyzer devices, and ultrasonic measuring devices. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All nonpermissible testing and diagnostic equipment used in or inby the last open crosscut 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. The examination results will be recorded weekly in the examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person as defined in existing 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment in or inby the last open crosscut. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When 1.0 percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and withdrawn outby the last open crosscut. (5) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (6) Except for time necessary to troubleshoot under actual mining conditions, coal production in the section will cease. However, coal may remain in or on the equipment to test and diagnose the equipment under ‘‘load.’’ (7) All electronic testing and diagnostic equipment will be used in accordance with the manufacturer’s recommendations. (8) 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. PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 The petitioner asserts that under the terms and conditions of the petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2016–029–C. Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, Kentucky 42462. Mine: River View Mine, MSHA I.D. No. 15–19374, located in Union County, Kentucky. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit the use of nonpermissible electronic testing or diagnostic equipment in return air outby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic testing and diagnostic equipment to be used includes: Laptop computers, oscilloscopes, vibration analysis machines, cable fault detectors, point temperature and distance probes, infrared temperature devices, insulation testers (meggers), voltage, current, resistance meters and power testers, electronic tachometers, signal analyzer devices, and ultrasonic measuring devices. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All nonpermissible testing and diagnostic equipment used in return air outby the last open crosscut 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. The examination results will be recorded weekly in the examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person as defined in existing 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment in return air outby the last open crosscut. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When 1.0 percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and withdrawn from the return air outby the last open crosscut. E:\FR\FM\14NON1.SGM 14NON1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices (5) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (6) All electronic testing and diagnostic equipment will be used in accordance with the manufacturer’s recommendations. (7) 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. The petitioner asserts that under the terms and conditions of the petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M–2016–030–C. Petitioner: Pennyrile Energy, LLC, 7386 State Route 593, Calhoun, Kentucky 42327. Mine: Riveredge Mine, MSHA I.D. No. 15–19424, located in Mclean County, Kentucky. Regulation Affected: 30 CFR 75.313(c)(2) (Main mine fan stoppage with persons underground). Modification Request: The petitioner requests a modification of the existing standard to prevent excessive levels of water from building up in the mine in the event of a long term electrical power outage due to uncontrollable circumstances. The petitioner states that: (1) The mine has water that comes in continuously from the slope and would build up to dangerous levels if not maintained properly in a power outage. The only deviation to the standard would be to power the main sump pump with a generator through a longterm electrical outage. This electrical power would not need to be used when miners are underground and would be removed after restoration of power to the main fan and not switch back to regular power until an examination of the area is conducted. This could cause a diminution of safety to the miners when returning underground after a long-term power outage because of water levels reaching the mine roof causing unstable roof conditions. Water entering some of the main electrical substations and high voltage power feeds could cause an electrical explosion or possible electrocution. (2) The pump to be used is a permissible Stancor MSHA-approved P series portable electric submersible pump (Product #P–70CE–HH). The pump is a 460VAC three-phase motor, FLC 39 amperes, 28Hp with two VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 overload thermal switches incorporated in the stator and short circuit, locked rotor overload protection. The cable powering the pump will start in the hoist house branching from the 480VAC in the hoist house through a Fused Disconnect Switch with 60 ampere fuses. The fused Disconnect Switch will be connected to a Ground Check Enclosure mounted in the Hoist House to monitor the Grounding Conductor. Approximately 80 feet of #6 G–GC cable will be installed to power the permissible Stancor pump control box mounted at the Fan House. The pump control box will feed into the return airshaft with #6 G–GC cable for 444 feet to a permissible Disconnect Switch and from the permissible Disconnect Switch through #6 G–GC cable 40 feet to the 28Hp pump. (3) The controller will be located on the side of the main fan house on the surface and will have a 45 ampere circuit breaker for short circuit protection and a Stancor model 821 liquid controller and motor protection unit for overload protection. The pump will be started and stopped from the Stancor model protection relay. There will be an electrical disconnect located underground at the pump location to aid in servicing the pump. The pump will be operated by the pump current control system. (4) If mine power is down and fan off, the pump will run on a generator that is grounded with two 8-foot grounding rods attached with #4 bare copper. All persons will be kept 100 feet away from the slope entrance while the generator and pump are in operation. After power is restored, areas around the immediate bottom (sump pump and power centers) will be examined as required. The Sump Pump and power cable will be included as part of this examination. Weekly and monthly examinations will be conducted on the pump, controller, and generator as required. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016–27286 Filed 11–10–16; 8:45 am] BILLING CODE 4520–43–P PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 79523 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION [NARA–2017–006] Records Schedules; Availability and Request for Comments National Archives and Records Administration (NARA). ACTION: Notice of availability of proposed records schedules; request for comments. AGENCY: The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when agencies no longer need them for current Government business. The records schedules authorize agencies to preserve records of continuing value in the National Archives of the United States and to destroy, after a specified period, records lacking administrative, legal, research, or other value. NARA publishes notice in the Federal Register for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a). DATES: NARA must receive requests for copies in writing by December 14, 2016. Once NARA finishes appraising the records, we will send you a copy of the schedule you requested. We usually prepare appraisal memoranda that contain additional information concerning the records covered by a proposed schedule. You may also request these. If you do, we will also provide them once we have completed the appraisal. You have 30 days after we send to you these requested documents in which to submit comments. ADDRESSES: You may request a copy of any records schedule identified in this notice by contacting Records Appraisal and Agency Assistance (ACRA) using one of the following means: Mail: NARA (ACRA); 8601 Adelphi Road; College Park, MD 20740–6001. Email: request.schedule@nara.gov. FAX: 301–837–3698. You must cite the control number, which appears in parentheses after the name of the agency that submitted the schedule, and a mailing address. If you would like an appraisal report, please include that in your request. FOR FURTHER INFORMATION CONTACT: Margaret Hawkins, Director, by mail at SUMMARY: E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79521-79523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27286]


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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 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 December 14, 
2016.

[[Page 79522]]


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-2016-028-C.
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. No. 15-19374, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing or diagnostic equipment inby the last open crosscut. The 
petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature and distance probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, electronic tachometers, 
signal analyzer devices, and ultrasonic measuring devices. Other 
testing and diagnostic equipment may be used if approved in advance by 
the MSHA District Manager.
    (2) All nonpermissible testing and diagnostic equipment used in or 
inby the last open crosscut 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. The examination results will 
be recorded weekly in the examination book and will be made available 
to MSHA and the miners at the mine.
    (3) A qualified person as defined in existing 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in or 
inby the last open crosscut.
    (4) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent. When 1.0 percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and withdrawn outby the last open crosscut.
    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (6) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under ``load.''
    (7) All electronic testing and diagnostic equipment will be used in 
accordance with the manufacturer's recommendations.
    (8) 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.
    The petitioner asserts that under the terms and conditions of the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.

    Docket Number: M-2016-029-C.
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. No. 15-19374, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing or diagnostic equipment in return air outby the last open 
crosscut. The petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature and distance probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, electronic tachometers, 
signal analyzer devices, and ultrasonic measuring devices. Other 
testing and diagnostic equipment may be used if approved in advance by 
the MSHA District Manager.
    (2) All nonpermissible testing and diagnostic equipment used in 
return air outby the last open crosscut 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. The 
examination results will be recorded weekly in the examination book and 
will be made available to MSHA and the miners at the mine.
    (3) A qualified person as defined in existing 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in return 
air outby the last open crosscut.
    (4) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent. When 1.0 percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and withdrawn from the return air outby the 
last open crosscut.

[[Page 79523]]

    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (6) All electronic testing and diagnostic equipment will be used in 
accordance with the manufacturer's recommendations.
    (7) 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.
    The petitioner asserts that under the terms and conditions of the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.

    Docket Number: M-2016-030-C.
    Petitioner: Pennyrile Energy, LLC, 7386 State Route 593, Calhoun, 
Kentucky 42327.
    Mine: Riveredge Mine, MSHA I.D. No. 15-19424, located in Mclean 
County, Kentucky.
    Regulation Affected: 30 CFR 75.313(c)(2) (Main mine fan stoppage 
with persons underground).
    Modification Request: The petitioner requests a modification of the 
existing standard to prevent excessive levels of water from building up 
in the mine in the event of a long term electrical power outage due to 
uncontrollable circumstances. The petitioner states that:
    (1) The mine has water that comes in continuously from the slope 
and would build up to dangerous levels if not maintained properly in a 
power outage. The only deviation to the standard would be to power the 
main sump pump with a generator through a long-term electrical outage. 
This electrical power would not need to be used when miners are 
underground and would be removed after restoration of power to the main 
fan and not switch back to regular power until an examination of the 
area is conducted. This could cause a diminution of safety to the 
miners when returning underground after a long-term power outage 
because of water levels reaching the mine roof causing unstable roof 
conditions. Water entering some of the main electrical substations and 
high voltage power feeds could cause an electrical explosion or 
possible electrocution.
    (2) The pump to be used is a permissible Stancor MSHA-approved P 
series portable electric submersible pump (Product #P-70CE-HH). The 
pump is a 460VAC three-phase motor, FLC 39 amperes, 28Hp with two 
overload thermal switches incorporated in the stator and short circuit, 
locked rotor overload protection. The cable powering the pump will 
start in the hoist house branching from the 480VAC in the hoist house 
through a Fused Disconnect Switch with 60 ampere fuses. The fused 
Disconnect Switch will be connected to a Ground Check Enclosure mounted 
in the Hoist House to monitor the Grounding Conductor. Approximately 80 
feet of #6 G-GC cable will be installed to power the permissible 
Stancor pump control box mounted at the Fan House. The pump control box 
will feed into the return airshaft with #6 G-GC cable for 444 feet to a 
permissible Disconnect Switch and from the permissible Disconnect 
Switch through #6 G-GC cable 40 feet to the 28Hp pump.
    (3) The controller will be located on the side of the main fan 
house on the surface and will have a 45 ampere circuit breaker for 
short circuit protection and a Stancor model 821 liquid controller and 
motor protection unit for overload protection. The pump will be started 
and stopped from the Stancor model protection relay. There will be an 
electrical disconnect located underground at the pump location to aid 
in servicing the pump. The pump will be operated by the pump current 
control system.
    (4) If mine power is down and fan off, the pump will run on a 
generator that is grounded with two 8-foot grounding rods attached with 
#4 bare copper. All persons will be kept 100 feet away from the slope 
entrance while the generator and pump are in operation. After power is 
restored, areas around the immediate bottom (sump pump and power 
centers) will be examined as required. The Sump Pump and power cable 
will be included as part of this examination. Weekly and monthly 
examinations will be conducted on the pump, controller, and generator 
as required.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-27286 Filed 11-10-16; 8:45 am]
 BILLING CODE 4520-43-P