Petitions for Modification of Application of Existing Mandatory Safety Standards, 16067-16069 [2017-06343]
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Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices
a sufficient amount of fire hose to reach
the farthest point of penetration of the
section.
(4) Keep available at the last open
crosscut a sufficient supply of roof
support and ventilation materials. In
addition, emergency plugs and suitable
sealing materials will be available in the
immediate area of the well intersection.
(5) Service all equipment and check
permissibility on the shift before mining
through the well.
(6) Calibrate the methane monitors on
the continuous mining machines on the
shift before mining through the well.
(7) When mining is in progress, test
methane levels with a hand-held
methane detector at least every 10
minutes from the time the mining with
that continuous mining machine is
within 30 feet of the well until the well
is intersected and immediately before
mining through it. During the actual
cutting process, no individual will be
allowed on the return side until the
mine-through has been completed and
the area has been examined and
declared safe.
(8) Keep the working place free from
accumulations of coal dust and coal
spillages, and place rock dust on the
roof, rib, and floor to within 20 feet of
the face when mining through the well
when using continuous mining
machines.
(9) Deenergize all equipment when
the well is intersected and thoroughly
examine and determine the area is safe
before mining is resumed.
(10) After a well has been intersected
and the working place determined safe,
continue mining inby the well at a
distance sufficient to permit adequate
ventilation around the area of the well.
(11) If the casing is cut or milled at
the coal seam level, the use of torches
would not be necessary. However, in
rare instances, torches may be used for
inadequately or inaccurately cut or
milled casings. No open flames will be
permitted in the area until adequate
ventilation has been established around
the wellbore and methane levels of less
than 1.0 percent are present in all areas
that will be exposed to flames and
sparks from the torch. The operator will
apply a thick layer of rock dust to the
roof, face, floor ribs and any exposed
coal within 20 feet of the casing before
using any torches.
(12) Non-sparking (brass) tools will be
located on the working section and will
be used to expose and examine cased
wells.
(13) No person will be permitted in
the area of the mine-through operation
except those actually engaged in the
operation, including company
personnel, miners’ representatives,
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MSHA personnel, and personnel from
the appropriate State agency.
(14) Alert all personnel in the mine to
the planned intersection of the well
prior to their going underground if the
planned intersection is to occur during
their shift. This warning will be
repeated for all shifts until the well has
been mined through.
(15) A certified individual will
directly supervise the mine-through
operation and only that certified
individual in charge will issue
instructions concerning the minethrough operation. MSHA personnel
may interrupt or halt the mine-through
operation when it is necessary for
miners’ safety.
A copy of the approved petition will
be maintained at the mine and be
available to the miners.
Within 30 days after this proposed
decision and order (PDO) becomes final,
the petitioner will submit proposed
revisions for its approved part 48
training plan to the DM. These revisions
will include initial and refresher
training regarding compliance with the
terms and conditions stated in the PDO.
The petitioner will provide training to
all miners involved in the mine-through
of a well regarding the requirements of
the PDO before mining within 150 feet
of the next well to be mined through.
Within 30 days after the PDO becomes
final, the petitioner will submit
proposed revisions for its approved
mine emergency evacuation and
firefighting plan required by 30 CRFR
75.1501. The petitioner will revise the
plans to include the hazards and
evacuation procedures to be used for
well intersections. All underground
miners will be trained in this revised
plan within 30 days of the DM’s
approval of the revised evacuation plan.
The petitioner asserts that the
proposed alternative method will
provide a measure of protection greater
than the existing standard to all miners
at the Riveredge Mine.
SUMMARY:
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
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.
[FR Doc. 2017–06340 Filed 3–30–17; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
PO 00000
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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 May 1, 2017.
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: 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.
I. Background
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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–2017–001–C.
Petitioner: Mettiki Coal WV, LLC, 293
Table Rock Road, Oakland, Maryland
21550.
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker
County, West Virginia.
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, before use to ensure the
equipment is being maintained in a safe
operating condition. The examinations
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
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 a 1.0 percent or more methane
concentration is detected while the
nonpermissible electronic equipment is
being used, the equipment will be
deenergized immediately and the
nonpermissible equipment 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.
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(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 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–2017–002–C.
Petitioner: Mettiki Coal WV, LLC, 293
Table Rock Road, Oakland, Maryland
21550.
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker
County, West Virginia.
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, before use to
ensure the equipment is being
maintained in a safe operating
condition. These examinations 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
30 CFR 75.151, will continuously
monitor for methane immediately before
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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 a 1.0 percent or more methane
concentration 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 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–2017–003–C.
Petitioner: Mettiki Coal WV, LLC, 293
Table Rock Road, Oakland, Maryland
21550.
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker
County, West Virginia.
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
nonpermissible electronic testing or
diagnostic equipment within 150 feet of
pillar workings or longwall faces. 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 within 150
feet of pillar workings or longwall faces
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Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices
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will be examined by a qualified person,
as defined in 30 CFR 75.153, before use
to ensure the equipment is being
maintained in a safe operating
condition. These examinations results
will be recorded in the weekly
examination book and will be made
available to MSHA and the miners at the
mine.
(3) 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 or longwall faces.
(4) Nonpermissible electronic testing
and diagnostic equipment will not be
used if methane is detected in
concentrations at or above 1.0 percent.
When a 1.0 percent or more methane
concentration is detected while the
nonpermissible electronic equipment is
being used, the equipment will be
deenergized immediately and
withdrawn to fresh air (intake air entry)
more than 150 feet from pillar workings
and longwall faces.
(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. Accumulations of
coal and combustible materials
referenced in 30 CFR 75.400 will be
removed before testing begins to provide
additional safety to miners.
(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 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. 2017–06343 Filed 3–30–17; 8:45 am]
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Affirmative Decisions on Petitions for
Modification Granted in Whole or in
Part
Mine Safety and Health
Administration (MSHA), Labor.
ACTION: Notice.
AGENCY:
Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR part 44 govern the application,
processing, and disposition of petitions
for modification. This Federal Register
Notice notifies the public that MSHA
has investigated and issued a final
decision on certain mine operator
petitions to modify a safety standard.
ADDRESSES: Copies of the final decisions
are posted on MSHA’s Web site at
https://www.msha.gov/READROOM/
PETITION.HTM. The public may
inspect the petitions and final decisions
during normal business hours in
MSHA’s Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202. All visitors are required
to check in at the receptionist’s desk in
Suite 4E401.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron at 202–693–9447
(Voice), barron.barbara@dol.gov
(Email), or 202–693–9441 (Telefax).
[These are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Introduction
Under section 101 of the Federal Mine
Safety and Health Act of 1977, a mine
operator may petition and the Secretary
of Labor (Secretary) may modify the
application of a mandatory safety
standard to that mine if the Secretary
determines that: (1) An alternative
method exists that will guarantee no
less protection for the miners affected
than that provided by the standard; or
(2) the application of the standard will
result in a diminution of safety to the
affected miners.
MSHA bases the final decision on the
petitioner’s statements, any comments
and information submitted by interested
persons, and a field investigation of the
conditions at the mine. In some
instances, MSHA may approve a
petition for modification on the
condition that the mine operator
complies with other requirements noted
in the decision.
II. Granted Petitions for Modification
BILLING CODE 4520–43–P
On the basis of the findings of
MSHA’s investigation, and as designee
of the Secretary, MSHA has granted or
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16069
partially granted the following petitions
for modification:
• Docket Number: M–2010–047–C.
FR Notice: 76 FR 2724 (1/14/2011).
Petitioner: Canyon Fuel Company,
LLC, 597 South SR 24, Salina, Utah
84654.
Mine: Sufco Mine, MSHA I.D. No. 42–
00089, located in Sevier County, Utah.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
• Docket Number: M–2013–056–C.
FR Notice: 79 FR 11140 (2/27/2014).
Petitioner: Kimmel’s Mining, Inc.,
P.O. Box 8, Williamstown, Pennsylvania
17098.
Mine: Williamstown Mine #1, MSHA
I.D. No. 36–09435, located in Dauphin
County, Pennsylvania.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
• Docket Number: M–2014–024–C.
FR Notice: 79 FR 45466 (8/5/2014).
Petitioner: ACI Tygart Valley, 1200
Tygart Valley Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46–
09192, located in Taylor County, West
Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
• Docket Number: M–2015–017–C.
FR Notice: 80 FR 54595 (9/10/2015).
Petitioner: ICG Illinois, LLC, 5945
Lester Road, Williamsville, Illinois
62693.
Mine: Viper Mine, MSHA I.D. No. 11–
02664, located in Sangamon County,
Illinois.
Regulation Affected: 30 CFR 75.312(c)
(Main mine fan examinations and
records).
• Docket Number: M–2015–026–C.
FR Notice: 81 FR 3161 (1/20/2016).
Petitioner: Lone Mountain Processing,
Inc., Drawer C, St. Charles, Virginia
24282.
Mine: Clover Fork No. 1 Mine, MSHA
I.D. No. 15–18647, Huff Creek No. 1
Mine, MSHA I.D. No. 15–17234, Darby
Fork No. 1 Mine, MSHA I.D. No. 15–
02263–02664, located in Harlan County,
Kentucky.
Regulation Affected: 30 CFR
75.310(a)(3) (Installation of main mine
fans).
• Docket Number: M–2016–008–C.
FR Notice: 81 FR 21904 (4/13/2016).
Petitioner: Rosebud Mining Company,
301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Barrett Mine, MSHA I.D. No.
36–09342, located in Indiana County,
Pennsylvania.
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[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16067-16069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06343]
-----------------------------------------------------------------------
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: 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 May 1, 2017.
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: 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.
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.
[[Page 16068]]
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-2017-001-C.
Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland,
Maryland 21550.
Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker
County, West Virginia.
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, before use to ensure the equipment is being
maintained in a safe operating condition. The examinations 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 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 a 1.0 percent or more methane concentration is detected
while the nonpermissible electronic equipment is being used, the
equipment will be deenergized immediately and the nonpermissible
equipment 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 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-2017-002-C.
Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland,
Maryland 21550.
Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker
County, West Virginia.
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, before use to ensure the equipment
is being maintained in a safe operating condition. These examinations
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 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 a 1.0 percent or more methane concentration 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 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-2017-003-C.
Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland,
Maryland 21550.
Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker
County, West Virginia.
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 nonpermissible electronic
testing or diagnostic equipment within 150 feet of pillar workings or
longwall faces. 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 within
150 feet of pillar workings or longwall faces
[[Page 16069]]
will be examined by a qualified person, as defined in 30 CFR 75.153,
before use to ensure the equipment is being maintained in a safe
operating condition. These examinations results will be recorded in the
weekly examination book and will be made available to MSHA and the
miners at the mine.
(3) 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 or longwall faces.
(4) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above 1.0
percent. When a 1.0 percent or more methane concentration is detected
while the nonpermissible electronic equipment is being used, the
equipment will be deenergized immediately and withdrawn to fresh air
(intake air entry) more than 150 feet from pillar workings and longwall
faces.
(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. Accumulations of
coal and combustible materials referenced in 30 CFR 75.400 will be
removed before testing begins to provide additional safety to miners.
(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 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. 2017-06343 Filed 3-30-17; 8:45 am]
BILLING CODE 4520-43-P
