Petitions for Modification of Application of Existing Mandatory Safety Standards, 81810-81812 [2016-27713]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81810-81812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27713]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations Part 44 govern the 
application, processing, and disposition of petitions for modification. 
This notice is a summary of petitions for modification submitted to the 
Mine Safety and Health Administration (MSHA) by the parties listed 
below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before December 19, 
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-2016-031-C.
    Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963-8854.
    Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit use of nonpermissible electric equipment 
within 150 feet of the pillar line to include drags and battery 
locomotives. The request is due in part to the method of mining used in 
pitching anthracite mines and the alternative evaluation of the mine 
air quality for methane on an hourly basis during operation, with one 
of the gas test results to be recorded in the on-shift examination 
record. The petitioner also proposes to suspend equipment operation any 
time methane concentration at the equipment reaches 0.5 percent methane 
either during operation or when found during a preshift examination. 
The petitioner states that:
    (1) The equipment will be operated in the working section's only 
intake entry (gangway), which is regularly traveled and examined.
    (2) The use of drags on less than moderate pitching veins (less 
than 20 degrees pitch) is the only practical system of mining in use.
    (3) Permissible drags are not commercially available, and due in 
part to their small size, permissible locomotives are not commercially 
available either.
    (4) As a result of low daily production rates and full timbering 
support, in-rushes of methane due to massive pillar falls are unlikely 
to occur.
    (5) Recovery of the pillars above the first miner heading is 
usually accomplished on the advance within 150 feet of the section 
intake (gangway) and the remaining mineable pillars recovered from the 
deepest point of penetration outby.
    (6) The 5,000 cubic feet per minute of required intake airflow is 
measured just outby the nonpermissible equipment with the ventilating 
air passing over the equipment to ventilate the pillar being mined.
    (7) The electrical equipment is attended during operation and 
either power to the unit deenergized at the intersection of the working 
gangway and intake slope or equipment moved to that area when 
production ceases, minimizing any ignition potential from the pillar 
recovery area.
    (8) Where more than one active line of pillar breasts recovery 
exists, the locomotive may travel to a point just outby the deepest 
active chute/breast (room) workings or last open crosscut in a 
developing set of entries.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same

[[Page 81811]]

measure of protection to the miners as would be provided by the 
existing standard.

    Docket Number: M-2016-032-C.
    Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963-8854.
    Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner seeks to permit the use of a 
gunboat to transport persons without safety catches or other no less 
effective devices because to date, no such safety catch or device is 
available for steeply pitching and undulating slopes with numerous 
curves and knuckles present in the main haulage slopes of anthracite 
mines. The mines range in length from 30 to 4,200 feet and vary in 
pitch from 12 degrees and 75 degrees. The petitioner states that:
    (1) A functional safety catch has not been developed. Makeshift 
devices, if installed, would be activated on knuckles and curves when 
no emergency exists causing a tumbling effect on the conveyance, which 
would increase rather than decrease the hazard to miners.
    (2) As an alternative, the petitioner proposes to operate the man-
cage or steel gunboat with secondary safety connections securely 
fastened around the gunboat and to the hoisting rope above the main 
connecting device, and use hoisting ropes having a factor of safety in 
excess of the 4 to 8 to 1 as suggested in the American Standards 
Specifications for Use of Wire Ropes for Mines.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-033-C.
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, Illinois 
62951.
    Mine: Mach No. 1 Mine, MSHA I.D. No. 11-03141, located in 
Williamson County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and 
cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the use of trailing cables longer than 
permitted under the existing standard. The petitioner states that:
    (1) The maximum lengths of the 995-volt trailing cables will be 
1,000 feet and not smaller than No. 2 American Wire Gauge (AWG).
    (2) All circuit breakers used to protect No. 2 AWG trailing cables 
exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 800 amperes. The trip setting of these circuit 
breakers will be sealed or locked so that the setting cannot be changed 
and these circuit breakers will have permanent, legible labels. Each 
label will identify the circuit breaker as being suitable for 
protecting No. 2 AWG cables. The labels will be maintained legible.
    (3) Replacement instantaneous trip units used to protect No. 2 AWG 
trailing cables will be calibrated to trip at 800 amperes, and this 
setting will be sealed and locked.
    (4) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (5) Short-circuit settings must not exceed the setting specified in 
the approval documentation or 70 percent of the maximum available 
current, whichever is less.
    (6) Any trailing cable that is not in safe operating condition will 
be removed from service immediately and repaired or replaced.
    (7) Each splice or repair in the trailing cable will be made in a 
workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice or repair kit. The outer jacket of each 
splice or repair will be vulcanized with flame-resistant material or 
made with material that has been accepted by MSHA as flame resistant.
    (8) In the event the mining methods or operating procedures cause 
or contribute to the damage of any trailing cable, the trailing cable 
will be removed from service immediately and repaired or replaced, and 
additional precautions will be taken to ensure that in the future, the 
cable is protected and maintained in safe operating condition.
    (9) During each production day, persons designated by the mine 
operator will visually examine the trailing cables to ensure that the 
cables are in safe operating condition. The instantaneous settings of 
the specially calibrated circuit breakers will be visually examined to 
ensure that the seals or locks have not been removed and do not exceed 
the settings stipulated in items (2) and (3).
    (10) Permanent warning labels will be installed and maintained on 
the cover of the power center identifying the location of each sealed 
short-circuit protective device. These labels will warn miners not to 
change or alter these sealed short-circuit settings.
    (11) The alternative method will not be implemented until all 
miners who have been designated to examine the integrity of seals or 
locks, verify the short-circuit settings, and examine trailing cables 
for defects have received their training.
    (12) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for their approved 
30 CFR part 48 training plans to the District Manager for the area in 
which the mine is located. The training will include the following 
elements:
    (a) Mining methods and operating procedures that will protect the 
trailing cables against damage;
    (b) Proper procedures for examining the trailing cables to ensure 
that the cables are in safe operating condition;
    (c) The hazards of setting the short circuit interrupting device 
too high to adequately protect the trailing cables; and
    (d) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    The procedures as specified in 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection to the 
miners as would be provided by the existing standard.

    Docket Number: M-2016-034-C.
    Petitioner: Warrior Coal, LLC, 57 J.E. Ellis Rd., Madisonville, 
Kentucky 42431.
    Mine: Warrior's Cardinal Mine, MSHA I.D. No. 15-14335, located in 
Hopkins 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/tablet computers, oscilloscopes, vibration 
analysis machines, cable fault detectors, point temperature probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, and electronic 
tachometers. 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

[[Page 81812]]

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 on MMU 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-2016-035-C.
    Petitioner: Warrior Coal, LLC, 57 J.E. Ellis Rd., Madisonville, 
Kentucky 42431.
    Mine: Warrior's Cardinal Mine, MSHA I.D. No. 15-14335, located in 
Hopkins 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/tablet computers, oscilloscopes, vibration 
analysis machines, cable fault detectors, point temperature probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, and electronic 
tachometers. 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.
    (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.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-27713 Filed 11-17-16; 8:45 am]
 BILLING CODE 4520-43-P