Petitions for Modification of Application of Existing Mandatory Safety Standards, 60044-60047 [2017-27121]
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60044
Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
Dated: December 1, 2017.
Robert W. Patterson,
Acting Administrator.
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
[FR Doc. 2017–27186 Filed 12–15–17; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
[OMB Number 1110–NEW]
Agency Information Collection
Activities; Proposed eCollection,
eComments Requested; Crime Data
Explorer Feedback Survey
Overview of This Information
Collection
Federal Bureau of
Investigation, Department of Justice.
ACTION: 30-Day notice.
AGENCY:
Department of Justice (DOJ),
Federal Bureau of Investigation,
Criminal Justice Information Services
Division will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for an additional 30
day until January 17, 2018.
FOR FURTHER INFORMATION CONTACT:
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to Mrs. Amy Blasher,
Unit Chief, Federal Bureau of
Investigation, CJIS Division, Module E–
3, 1000 Custer Hollow Road, Clarksburg,
West Virginia 26306; facsimile (304)
625–3566. Written comments and/or
suggestions can also be sent to the
Office of Management and Budget,
Office of Information and Regulatory
Affairs, Attention Department of Justice
Desk Officer, Washington, DC 20503 or
sent to OIRA_submissions@
omb.eop.gov.
SUMMARY:
Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
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SUPPLEMENTARY INFORMATION:
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(1) Type of Information Collection:
New collection.
(2) The Title of the Form/Collection:
Crime Data Explorer Feedback Survey.
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
No form number. The applicable
component within the Department of
Justice is the Criminal Justice
Information Services Division, in the
Federal Bureau of Investigation.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Law enforcement,
academia and the general public.
Abstract: This survey is needed to
collect feedback on the functionality of
the CDE in order to make improvements
to the application.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: UCR Crime Data Explorer
Burden Estimation: It is estimated the
CDE will generate 200 feedback
responses per year with an estimated
response time of 2 minutes per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are approximately 7
hours, annual burden, associated with
this information collection.
If additional information is required
contact: Melody Braswell, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE, Suite 3E.405B,
Washington, DC 20530.
Dated: December 13, 2017.
Melody Braswell,
Department Clearance Officer, PRA, U.S.
Department of Justice.
[FR Doc. 2017–27183 Filed 12–15–17; 8:45 am]
BILLING CODE 4410–02–P
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DEPARTMENT OF LABOR
Office of the Secretary
Postponement of Meeting of the Labor
Advisory Committee for Trade
Negotiation and Trade Policy
Bureau of International Labor
Affairs, U.S. Department of Labor and
Office of the United States Trade
Representative, Labor Advisory
Committee for Trade Negotiations and
Trade Policy.
ACTION: Notice of postponement of
meeting.
AGENCY:
Notice is hereby given that a
meeting of the Labor Advisory
Committee for Trade Negotiation and
Trade Policy has been postponed until
further notice. This meeting, which was
closed to the public, was scheduled for
December 15, 2017, from 2 p.m. to 4
p.m., at the U.S. Department of Labor,
Secretary’s Conference Room, 200
Constitution Ave. NW, Washington, DC.
DATES: The meeting scheduled for
December 15, 2017, is cancelled.
FOR FURTHER INFORMATION CONTACT:
Anne M. Zollner, Chief, Trade Policy
and Negotiations Division; Phone: (202)
693–4890.
SUPPLEMENTARY INFORMATION: The
original Federal Register notice
announcing this meeting was published
on November 17, 2017, at 82 FR 25011.
SUMMARY:
Signed at Washington, DC, the 13th day of
December 2017.
Martha E. Newton,
Deputy Undersecretary, Bureau of
International Labor Affairs.
[FR Doc. 2017–27182 Filed 12–13–17; 4:15 pm]
BILLING CODE 4510–28–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:
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 January 17, 2018.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
SUMMARY:
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Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices
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 petition 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.
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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
(Secretary) 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–2017–021–C.
Petitioner: Rosebud Mining Company,
301 Market Street, Kittanning,
Pennsylvania 16201.
Mines: Lowry Mine, MSHA I.D. No.
36–09287 and Heilwood Mine, MSHA
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I.D. No. 36–09407, located in Indiana
County, Pennsylvania; Penfield Mine,
MSHA I.D. No. 36–09355, located in
Clearfield County, Pennsylvania; and
Mine 78, MSHA I.D. No. 36–09371,
located in Somerset County,
Pennsylvania.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance), 18.35(a)(5)(i) (Portable
(trailing) cables and cords)).
Modification Request: The petitioner
requests the previously granted petition
for modification, docket number M–
2010–023–C be amended to add
Fletcher Tilt Head Truss Bolters. The
petitioner states that:
(1) Rosebud’s original proposal was to
use 480 volt trailing cables with a
maximum length of 1200 feet when No.
2 American Wire Gauge (AWG) cable
was used and 480 volt trailing cables
with a maximum length of 950 feet
when No. 4 AWG cable was used on
Fletcher Roof Ranger II roof bolters.
(2) Rosebud is now requesting that
Fletcher Tilt Head Truss Bolters be
added to the original granted petition.
The Fletcher Tilt Head Truss Bolters use
the same No. 2 AWG 480 volt training
cables as approved on the bolters listed
in the previously granted petition,
docket number M–2010–023–C.
(3) The petitioner proposes to use 480
volt trailing cables with a maximum
length of 1200 feet when No. 2 AWG
cable is used and 480 volt trailing cables
with a maximum length of 950 feet
when No. 4 AWG cable is used on
Fletcher Tilt Head Truss Bolters using
the following procedures:
(1) The trailing cable for the 480 volt
Fletcher Tilt Head Truss Bolters will not
be smaller than No. 4 AWG cable.
(2) All circuit breakers used to protect
the No. 2 AWG trailing cable or the No.
4 AWG trailing cable exceeding 700 feet
in length will have instantaneous trip
units calibrated to trip at 500 amperes.
The trip setting of these circuit breakers
will be sealed to insure that the settings
on these breakers cannot be changed,
and the breakers will have permanent,
legible labels. Each label will identify
the circuit breaker as being suitable for
protecting the cables as listed above.
(3) Replacement circuit breakers and/
or instantaneous trip units, used to
protect No. 2 AWG trailing cable or the
No. 4 AWG trailing cable will be
calibrated to trip at 500 amperes, and
will be sealed.
(4) All components that provide shortcircuit protection will have sufficient
interruption rating in accordance with
the maximum calculated fault currents
available.
(5) During each production day, the
trailing cables, and circuit breakers will
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be examined in accordance with all 30
CFR provisions.
(6) Permanent warning labels will be
installed and maintained on the load
center identifying the location of each
short-circuit protection device. The
labels will warn miners not to change or
alter the settings of these devices.
(7) If the affected trailing cables are
damaged in any way during the shift,
the cable will be deenergized and
repairs made.
(8) The petitioner’s alternative
method will not be implemented until
all miners who have been designated to
operate the Fletcher Tilt Head Truss
Bolter, or any other person designated to
examine the trailing cables or trip
settings on the circuit breakers have
received proper training as to the
performance of their duties.
(9) Within 60 days after the proposed
decision and order (PDO) becomes final,
the petitioner will submit proposed
revisions for the approved 30 CFR part
48 training plan to the District Manager.
The proposed revisions will specify task
training for miners designated to
examine the trailing cables for safe
operating condition and verify the shortcircuit settings of the circuit
interrupting device(s) that protect the
affected trailing cables do not exceed
the specified setting(s) in Item No. 4.
The training will include the following:
a. The hazards of setting the shortcircuit device(s) too high to adequately
protect the trailing cables.
b. How to verify that the circuit
interrupting device(s) protecting the
trailing cable(s) is properly set and
maintained.
c. Mining methods and operating
procedures that will protect the trailing
cables against damage.
d. The proper procedure for
examining the trailing cable to ensure
that the cable(s) is in safe operating
condition by a visual inspection of the
entire cable, observing the insulation,
the integrity of the splices, and nicks
and abrasions.
The procedure 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 afforded by the
existing standard.
Docket Number: M–2017–022–C.
Petitioner: Rosebud Mining Company,
301 Market Street, Kittanning,
Pennsylvania 16201.
Mines: Bergholz Mine, MSHA I.D. No.
33–04565, located in Jefferson County,
Ohio; Harmony Mine, MSHA I.D. No.
36–09477, located in Clearfield County,
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Pennsylvania; Dutch Run Mine, MSHA
I.D. No. 36–08701, Darmac #2 Mine,
MSHA I.D. No. 36–08135, and
Logansport Mine, MSHA I.D. No. 36–
08841, located in Armstrong County,
Pennsylvania; Knob Creek Mine, MSHA
I.D. No. 36–09394, located in Indiana
County, Pennsylvania; and Tusky Mine,
MSHA I.D. No. 33–04509, located in
Tuscarawas County, Ohio.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance), 18.35(a)(5)(i) (Portable
(trailing) cables and cords).
Modification Request: The petitioner
requests the previously granted petition
for modification, docket number M–
2011–007–C be amended to add
Fletcher Tilt Head Truss Bolters. The
petitioner states that:
(1) Rosebud’s original proposal was to
use 480 volt trailing cables with a
maximum length of 1200 feet when No.
2 American Wire Gauge (AWG) cable
was used and 480 volt trailing cables
with a maximum length of 950 feet
when No. 4 AWG cable was used on
Fletcher Roof Ranger II roof bolters.
(2) Rosebud is now requesting that
Fletcher Tilt Head Truss Bolters be
added to the original granted petition.
The Fletcher Tilt Head Truss Bolters use
the same No. 2 AWG 480 volt training
cables as approved on the bolters listed
in the previously granted petition,
docket number M–2011–007–C.
(3) The petitioner proposes to use 480
volt trailing cables with a maximum
length of 1200 feet when No. 2 AWG
cable is used and 480 volt trailing cables
with a maximum length of 950 feet
when No. 4 AWG cable is used on
Fletcher Tilt Head Truss Bolters using
the following procedures:
(1) The trailing cable for the 480 volt
Fletcher Tilt Head Truss Bolters will not
be smaller than No. 4 AWG cable.
(2) All circuit breakers used to protect
the No. 2 AWG trailing cable or the No.
4 AWG trailing cable exceeding 700 feet
in length will have instantaneous trip
units calibrated to trip at 500 amperes.
The trip setting of these circuit breakers
will be sealed to insure that the settings
on these breakers cannot be changed,
and the breakers will have permanent,
legible labels. Each label will identify
the circuit breaker as being suitable for
protecting the cables as listed above.
(3) Replacement circuit breakers and/
or instantaneous trip units, used to
protect No. 2 AWG trailing cable or the
No. 4 AWG trailing cable will be
calibrated to trip at 500 amperes, and
will be sealed.
(4) All components that provide shortcircuit protection will have sufficient
interruption rating in accordance with
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the maximum calculated fault currents
available.
(5) During each production day, the
trailing cables and circuit breakers will
be examined in accordance with all 30
CFR provisions.
(6) Permanent warning labels will be
installed and maintained on the load
center identifying the location of each
short-circuit protection device. The
labels will warn miners not to change or
alter the settings of these devices.
(7) If the affected trailing cables are
damaged in any way during the shift,
the cable will be deenergized and
repairs made.
(8) The petitioner’s alternative
method will not be implemented until
all miners who have been designated to
operate the Fletcher Tilt Head Truss
Bolter or any other person designated to
examine the trailing cables or trip
settings on the circuit breakers have
received proper training as to the
performance of their duties.
(9) Within 60 days after the proposed
decision and order (PDO) becomes final,
the petitioner will submit proposed
revisions for the approved 30 CFR part
48 training plan to the District Manager.
The proposed revisions will specify task
training for miners designated to
examine the trailing cables for safe
operating condition and verify the shortcircuit settings of the circuit
interrupting device(s) that protect the
affected trailing cables do not exceed
the specified setting(s) in Item No. 4.
The training will include the following:
a. The hazards of setting the shortcircuit device(s) too high to adequately
protect the trailing cables.
b. How to verify that the circuit
interrupting device(s) protecting the
trailing cable(s) is properly set and
maintained.
c. Mining methods and operating
procedures that will protect the trailing
cables against damage.
d. The proper procedure for
examining the trailing cable to ensure
that the cable(s) is in safe operating
condition by a visual inspection of the
entire cable, observing the insulation,
the integrity of the splices, and nicks
and abrasions.
The procedure 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 afforded by the
existing standard.
Docket Number: M–2017–023–C.
Petitioner: Bronco Utah Operations,
LLC, P.O. Box 527, Emery, Utah.
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Mine: Emery Mine, MSHA I.D. No.
42–00079, located in Emery County,
Utah.
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 batterypowered nonpermissible electronic
testing or diagnostic equipment within
150 feet of pillar workings. 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; voltage, current,
and power measurement recorders;
pressure and flow measurement devices;
signal analyzer devices; ultrasonic
thickness gauges; electronic
tachometers; and nonpermissible
surveying equipment. Other testing and
diagnostic equipment may be used if
approved in advance by the MSHA
District Office.
(2) Nonpermissible testing and
diagnostic equipment will be used only
when equivalent permissible equipment
does not exist.
(3) All other test and diagnostic
equipment used within 150 feet of pillar
workings will be permissible.
(4) All nonpermissible electronic
testing and diagnostic equipment used
within 150 feet of pillar workings or
longwall faces will be examined by a
qualified person, as defined in 30 CFR
75.153, prior to being used to ensure the
equipment is being maintained in safe
operating condition. These
examinations results will be recorded in
the weekly examination of electrical
equipment book and will be made
available to MSHA and the miners at the
mine.
(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. The results of such
examination(s) will be recorded as a
special examination in the on-shift
examination record books immediately
after the shift on which the
examination(s) were performed.
(6) 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
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nonpermissible electronic equipment is
being used, the equipment will be
deenergized immediately and
withdrawn to fresh air (intake air entry)
more than 150 feet outby pillar
workings.
(7) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(8) Except for the time necessary to
troubleshoot under actual mining
conditions, coal production in the
longwall section will cease. However,
coal may remain in or on the equipment
such as the pan line in order 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 manufacturer’s
recommended safe use practices.
(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 petitioner will notify MSHA
before nonpermissible electronic testing
and diagnostic equipment is used
within 150 feet of pillar workings. The
notice will advise MSHA when any
nonpermissible electronic testing and
diagnostic equipment is put in service
and give MSHA the opportunity to
inspect such equipment before being
used.
(13) Within 60 days after the proposed
decision and order (PDO) becomes final,
the petitioner will submit proposed
revisions for its approved 30 CFR part
48 training plan to the District Manager.
These revisions will specify initial and
refresher training regarding the terms
and conditions of the PDO.
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.
Docket Number: M–2017–005–M.
Petitioner: Ernie Peachay, One
Arizona Center, 400 East Van Buren
Street, Suite 1900, Phoenix, AZ 85004–
2202.
Mine: Old Smith Family Mine,
Second Divide, Downieville, California
95936, MSHA I.D. No. 04–05820,
located in Sierra County, California.
Regulation Affected: 30 CFR 57.4533
(Mine opening vicinity).
Modification Request: The petitioner
requests a modification of the existing
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standard to the Old Smith Family Mine.
A small underground gold mine
established in the early 1930s. The
petitioner states that:
(1) In lieu of the application of 30 CFR
57.4533 to the site, the petitioner
proposes to install battery operated
smoke alarms in the mine office and
shed and to wire them to an alarm
underground that will sound so as to
immediately notify him of a surface fire
in one of the buildings so that he may
immediately exit the underground
workings.
(2) The mine office and shed are
historical structures that were built in
the 1930s to support mining activities at
the Old Smith Family Mine.
(3) It is not feasible to move these
structures to further than 100 feet from
the raises, or to meet the construction
requirements of the standard. A fire
suppression system would also be
ineffective due to the freezing
temperatures in the winter which
disables the few water pipes on site.
(4) The standard as applied to this site
provides little to no benefit for
underground miner safety because the
mine is located in a heavily forested
area with trees as tall as 300 feet on the
site. The small buildings at issue are
dwarfed by the surrounding forest,
which cannot be fireproofed.
(5) The underground workings are no
more than 125 feet deep at the deepest
point, and are so small that they can be
evacuated from any point via one of 3
routes in less than 1 minute.
(6) To further reduce the risk of a
surface fire impacting the petitioner
when underground, smoking will be
prohibited in all areas of the mine, and
signs will be posted to provide notice to
any third parties who may come onsite
while he is underground.
(7) The modification to the standard
as applied to the Old Smith Family
Mine will provide greater safety
protection than 30 CFR 57.4533 with
respect to the hazard of surface fire
impacting underground escapeways by
providing an alarm sounding
underground as soon as smoke detectors
are triggered in the mine office or shed.
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. 2017–27121 Filed 12–15–17; 8:45 am]
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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:
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 January 17, 2018.
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 petition 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.
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
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]]>Agencies
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60044-60047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27121]
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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: 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 January 17, 2018.
ADDRESSES: You may submit your comments, identified by ``docket
[[Page 60045]]
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. 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 petition 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),
[email protected] (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 (Secretary)
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-2017-021-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mines: Lowry Mine, MSHA I.D. No. 36-09287 and Heilwood Mine, MSHA
I.D. No. 36-09407, located in Indiana County, Pennsylvania; Penfield
Mine, MSHA I.D. No. 36-09355, located in Clearfield County,
Pennsylvania; and Mine 78, MSHA I.D. No. 36-09371, located in Somerset
County, Pennsylvania.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance), 18.35(a)(5)(i) (Portable (trailing) cables and
cords)).
Modification Request: The petitioner requests the previously
granted petition for modification, docket number M-2010-023-C be
amended to add Fletcher Tilt Head Truss Bolters. The petitioner states
that:
(1) Rosebud's original proposal was to use 480 volt trailing cables
with a maximum length of 1200 feet when No. 2 American Wire Gauge (AWG)
cable was used and 480 volt trailing cables with a maximum length of
950 feet when No. 4 AWG cable was used on Fletcher Roof Ranger II roof
bolters.
(2) Rosebud is now requesting that Fletcher Tilt Head Truss Bolters
be added to the original granted petition. The Fletcher Tilt Head Truss
Bolters use the same No. 2 AWG 480 volt training cables as approved on
the bolters listed in the previously granted petition, docket number M-
2010-023-C.
(3) The petitioner proposes to use 480 volt trailing cables with a
maximum length of 1200 feet when No. 2 AWG cable is used and 480 volt
trailing cables with a maximum length of 950 feet when No. 4 AWG cable
is used on Fletcher Tilt Head Truss Bolters using the following
procedures:
(1) The trailing cable for the 480 volt Fletcher Tilt Head Truss
Bolters will not be smaller than No. 4 AWG cable.
(2) All circuit breakers used to protect the No. 2 AWG trailing
cable or the No. 4 AWG trailing cable exceeding 700 feet in length will
have instantaneous trip units calibrated to trip at 500 amperes. The
trip setting of these circuit breakers will be sealed to insure that
the settings on these breakers cannot be changed, and the breakers will
have permanent, legible labels. Each label will identify the circuit
breaker as being suitable for protecting the cables as listed above.
(3) Replacement circuit breakers and/or instantaneous trip units,
used to protect No. 2 AWG trailing cable or the No. 4 AWG trailing
cable will be calibrated to trip at 500 amperes, and will be sealed.
(4) All components that provide short-circuit protection will have
sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(5) During each production day, the trailing cables, and circuit
breakers will be examined in accordance with all 30 CFR provisions.
(6) Permanent warning labels will be installed and maintained on
the load center identifying the location of each short-circuit
protection device. The labels will warn miners not to change or alter
the settings of these devices.
(7) If the affected trailing cables are damaged in any way during
the shift, the cable will be deenergized and repairs made.
(8) The petitioner's alternative method will not be implemented
until all miners who have been designated to operate the Fletcher Tilt
Head Truss Bolter, or any other person designated to examine the
trailing cables or trip settings on the circuit breakers have received
proper training as to the performance of their duties.
(9) Within 60 days after the proposed decision and order (PDO)
becomes final, the petitioner will submit proposed revisions for the
approved 30 CFR part 48 training plan to the District Manager. The
proposed revisions will specify task training for miners designated to
examine the trailing cables for safe operating condition and verify the
short-circuit settings of the circuit interrupting device(s) that
protect the affected trailing cables do not exceed the specified
setting(s) in Item No. 4. The training will include the following:
a. The hazards of setting the short-circuit device(s) too high to
adequately protect the trailing cables.
b. How to verify that the circuit interrupting device(s) protecting
the trailing cable(s) is properly set and maintained.
c. Mining methods and operating procedures that will protect the
trailing cables against damage.
d. The proper procedure for examining the trailing cable to ensure
that the cable(s) is in safe operating condition by a visual inspection
of the entire cable, observing the insulation, the integrity of the
splices, and nicks and abrasions.
The procedure 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
afforded by the existing standard.
Docket Number: M-2017-022-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mines: Bergholz Mine, MSHA I.D. No. 33-04565, located in Jefferson
County, Ohio; Harmony Mine, MSHA I.D. No. 36-09477, located in
Clearfield County,
[[Page 60046]]
Pennsylvania; Dutch Run Mine, MSHA I.D. No. 36-08701, Darmac #2 Mine,
MSHA I.D. No. 36-08135, and Logansport Mine, MSHA I.D. No. 36-08841,
located in Armstrong County, Pennsylvania; Knob Creek Mine, MSHA I.D.
No. 36-09394, located in Indiana County, Pennsylvania; and Tusky Mine,
MSHA I.D. No. 33-04509, located in Tuscarawas County, Ohio.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance), 18.35(a)(5)(i) (Portable (trailing) cables and
cords).
Modification Request: The petitioner requests the previously
granted petition for modification, docket number M-2011-007-C be
amended to add Fletcher Tilt Head Truss Bolters. The petitioner states
that:
(1) Rosebud's original proposal was to use 480 volt trailing cables
with a maximum length of 1200 feet when No. 2 American Wire Gauge (AWG)
cable was used and 480 volt trailing cables with a maximum length of
950 feet when No. 4 AWG cable was used on Fletcher Roof Ranger II roof
bolters.
(2) Rosebud is now requesting that Fletcher Tilt Head Truss Bolters
be added to the original granted petition. The Fletcher Tilt Head Truss
Bolters use the same No. 2 AWG 480 volt training cables as approved on
the bolters listed in the previously granted petition, docket number M-
2011-007-C.
(3) The petitioner proposes to use 480 volt trailing cables with a
maximum length of 1200 feet when No. 2 AWG cable is used and 480 volt
trailing cables with a maximum length of 950 feet when No. 4 AWG cable
is used on Fletcher Tilt Head Truss Bolters using the following
procedures:
(1) The trailing cable for the 480 volt Fletcher Tilt Head Truss
Bolters will not be smaller than No. 4 AWG cable.
(2) All circuit breakers used to protect the No. 2 AWG trailing
cable or the No. 4 AWG trailing cable exceeding 700 feet in length will
have instantaneous trip units calibrated to trip at 500 amperes. The
trip setting of these circuit breakers will be sealed to insure that
the settings on these breakers cannot be changed, and the breakers will
have permanent, legible labels. Each label will identify the circuit
breaker as being suitable for protecting the cables as listed above.
(3) Replacement circuit breakers and/or instantaneous trip units,
used to protect No. 2 AWG trailing cable or the No. 4 AWG trailing
cable will be calibrated to trip at 500 amperes, and will be sealed.
(4) All components that provide short-circuit protection will have
sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(5) During each production day, the trailing cables and circuit
breakers will be examined in accordance with all 30 CFR provisions.
(6) Permanent warning labels will be installed and maintained on
the load center identifying the location of each short-circuit
protection device. The labels will warn miners not to change or alter
the settings of these devices.
(7) If the affected trailing cables are damaged in any way during
the shift, the cable will be deenergized and repairs made.
(8) The petitioner's alternative method will not be implemented
until all miners who have been designated to operate the Fletcher Tilt
Head Truss Bolter or any other person designated to examine the
trailing cables or trip settings on the circuit breakers have received
proper training as to the performance of their duties.
(9) Within 60 days after the proposed decision and order (PDO)
becomes final, the petitioner will submit proposed revisions for the
approved 30 CFR part 48 training plan to the District Manager. The
proposed revisions will specify task training for miners designated to
examine the trailing cables for safe operating condition and verify the
short-circuit settings of the circuit interrupting device(s) that
protect the affected trailing cables do not exceed the specified
setting(s) in Item No. 4. The training will include the following:
a. The hazards of setting the short-circuit device(s) too high to
adequately protect the trailing cables.
b. How to verify that the circuit interrupting device(s) protecting
the trailing cable(s) is properly set and maintained.
c. Mining methods and operating procedures that will protect the
trailing cables against damage.
d. The proper procedure for examining the trailing cable to ensure
that the cable(s) is in safe operating condition by a visual inspection
of the entire cable, observing the insulation, the integrity of the
splices, and nicks and abrasions.
The procedure 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
afforded by the existing standard.
Docket Number: M-2017-023-C.
Petitioner: Bronco Utah Operations, LLC, P.O. Box 527, Emery, Utah.
Mine: Emery Mine, MSHA I.D. No. 42-00079, located in Emery County,
Utah.
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 battery-powered nonpermissible
electronic testing or diagnostic equipment within 150 feet of pillar
workings. 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;
voltage, current, and power measurement recorders; pressure and flow
measurement devices; signal analyzer devices; ultrasonic thickness
gauges; electronic tachometers; and nonpermissible surveying equipment.
Other testing and diagnostic equipment may be used if approved in
advance by the MSHA District Office.
(2) Nonpermissible testing and diagnostic equipment will be used
only when equivalent permissible equipment does not exist.
(3) All other test and diagnostic equipment used within 150 feet of
pillar workings will be permissible.
(4) All nonpermissible electronic testing and diagnostic equipment
used within 150 feet of pillar workings or longwall faces will be
examined by a qualified person, as defined in 30 CFR 75.153, prior to
being used to ensure the equipment is being maintained in safe
operating condition. These examinations results will be recorded in the
weekly examination of electrical equipment book and will be made
available to MSHA and the miners at the mine.
(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. The results of such examination(s) will be
recorded as a special examination in the on-shift examination record
books immediately after the shift on which the examination(s) were
performed.
(6) 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
[[Page 60047]]
nonpermissible electronic equipment is being used, the equipment will
be deenergized immediately and withdrawn to fresh air (intake air
entry) more than 150 feet outby pillar workings.
(7) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(8) Except for the time necessary to troubleshoot under actual
mining conditions, coal production in the longwall section will cease.
However, coal may remain in or on the equipment such as the pan line in
order 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 manufacturer's recommended safe use practices.
(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 petitioner will notify MSHA before nonpermissible
electronic testing and diagnostic equipment is used within 150 feet of
pillar workings. The notice will advise MSHA when any nonpermissible
electronic testing and diagnostic equipment is put in service and give
MSHA the opportunity to inspect such equipment before being used.
(13) Within 60 days after the proposed decision and order (PDO)
becomes final, the petitioner will submit proposed revisions for its
approved 30 CFR part 48 training plan to the District Manager. These
revisions will specify initial and refresher training regarding the
terms and conditions of the PDO.
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.
Docket Number: M-2017-005-M.
Petitioner: Ernie Peachay, One Arizona Center, 400 East Van Buren
Street, Suite 1900, Phoenix, AZ 85004-2202.
Mine: Old Smith Family Mine, Second Divide, Downieville, California
95936, MSHA I.D. No. 04-05820, located in Sierra County, California.
Regulation Affected: 30 CFR 57.4533 (Mine opening vicinity).
Modification Request: The petitioner requests a modification of the
existing standard to the Old Smith Family Mine. A small underground
gold mine established in the early 1930s. The petitioner states that:
(1) In lieu of the application of 30 CFR 57.4533 to the site, the
petitioner proposes to install battery operated smoke alarms in the
mine office and shed and to wire them to an alarm underground that will
sound so as to immediately notify him of a surface fire in one of the
buildings so that he may immediately exit the underground workings.
(2) The mine office and shed are historical structures that were
built in the 1930s to support mining activities at the Old Smith Family
Mine.
(3) It is not feasible to move these structures to further than 100
feet from the raises, or to meet the construction requirements of the
standard. A fire suppression system would also be ineffective due to
the freezing temperatures in the winter which disables the few water
pipes on site.
(4) The standard as applied to this site provides little to no
benefit for underground miner safety because the mine is located in a
heavily forested area with trees as tall as 300 feet on the site. The
small buildings at issue are dwarfed by the surrounding forest, which
cannot be fireproofed.
(5) The underground workings are no more than 125 feet deep at the
deepest point, and are so small that they can be evacuated from any
point via one of 3 routes in less than 1 minute.
(6) To further reduce the risk of a surface fire impacting the
petitioner when underground, smoking will be prohibited in all areas of
the mine, and signs will be posted to provide notice to any third
parties who may come onsite while he is underground.
(7) The modification to the standard as applied to the Old Smith
Family Mine will provide greater safety protection than 30 CFR 57.4533
with respect to the hazard of surface fire impacting underground
escapeways by providing an alarm sounding underground as soon as smoke
detectors are triggered in the mine office or shed.
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. 2017-27121 Filed 12-15-17; 8:45 am]
BILLING CODE 4520-43-P
