Petitions for Modification of Application of Existing Mandatory Safety Standards, 61032-61035 [2017-27666]

Download as PDF 61032 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices functional limitations, sleep, and an open-ended question asking whether the respondent wants to report anything additional about his or her health. Round 28 bolsters the retirement expectations section to collect new information on how the respondents plan to fund their retirement and on their knowledge about Social Security. We will add questions on whether, at what age, and how much per month the respondent expects to collect Social Security retirement benefits. We will ask similar questions for employerbased pensions and Individual Retirement Accounts. In all three instances, parallel questions will be asked about the spouse/partner’s expected sources of income. We will also ask the estimated value of other assets the respondent might live off of during retirement and whether she expects support from family members. The questions on knowledge of Social Security benefits will ask about the timing of starting retirement benefits and several true/false questions that ask about what entitles one to Social Security retirement benefits and how the timing of claiming affects the benefits. Most of the changes made to the Young Adult questionnaire for 2018 have been made to streamline questions and sections in order to cut down on the amount of time it takes for a respondent to complete an interview. The Young Adult sample will includes 663 respondents ages 12–22 and 5,663 respondents age 23 and older in Round 28. The questions added to the Young Adult questionnaire expand our understanding of both physical and mental/emotional health and well-being such as gender identity and sexual orientation, resiliency, loneliness and social isolation, self-worth, and social cognition. III. Desired Focus of Comments The BLS is particularly interested in comments that: • 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. • Enhance the quality, utility, and clarity of the information to be collected. • 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 submissions of responses. Title of Collection: National Longitudinal Survey of Youth 1979. OMB Number: 1220–0109. Type of Review: Revision, with change, of a previously approved collection. Affected Public: Individuals or households. ESTIMATED TOTAL BURDEN HOURS Total respondents Form Frequency Total responses Average time per response (minutes) Estimated total burden (hours) NLSY79 Round 27 Main Survey ......................................... Round 27 Validation Interviews ........................................... Young Adult Survey (Ages 12 to 13) .................................. Young Adult Survey (Ages 14 to 18) .................................. Young Adult Survey (Ages 19 to 24) .................................. Young Adult Survey, Grant component (Age 25 to 28), interview. Young Adult Survey, Grant component (Age 29 and older), interview. 6,900 10 20 294 962 1,210 Biennially Biennially Biennially Biennially Biennially Biennially ....... ....... ....... ....... ....... ....... 6,900 10 20 294 962 1,210 75 6 50 66 63 60 8,625 1 17 323 1,010 1,210 2,574 Biennially ....... 2,574 70 3,003 Totals 1 .......................................................................... 11,960 ........................ 11,970 ........................ 14,189 1 The total number of 11,960 respondents across all the survey instruments is a mutually exclusive count that does not include the 10 reinterview respondents, who were previously counted among the main and young adult survey respondents. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they also will become a matter of public record. Signed at Washington, DC, this 19th day of December 2017. Kimberley D. Hill, Chief, Division of Management Systems. ethrower on DSK3G9T082PROD with NOTICES [FR Doc. 2017–27662 Filed 12–22–17; 8:45 am] BILLING CODE 4510–24–P VerDate Sep<11>2014 20:21 Dec 22, 2017 Jkt 244001 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 25, 2018. SUMMARY: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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 ADDRESSES: DEPARTMENT OF LABOR E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices 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 (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. ethrower on DSK3G9T082PROD with NOTICES II. Petitions for Modification Docket Number: M–2017–024–C. 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 75.500(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) The use of nonpermissible electronic testing and diagnostic equipment will be limited to: Laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; insulation testers (meggers); voltage, current, resistance, VerDate Sep<11>2014 20:21 Dec 22, 2017 Jkt 244001 and power measurement devices; ultrasonic thickness gauges; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All nonpermissible electronic testing and diagnostic equipment used in or inby the last open crosscut will be examined by a qualified person, as defined in 30 CFR 75.153, prior to use to ensure the equipment is being maintained in a safe operating condition. The 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 one percent. When one percent or more methane concentration is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible electronic equipment will be 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 Mechanized Mining Unit 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 such 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–2017–025–C. Petitioner: ICG Illinois, LLC, 5945 Lester Road, Williamsville, Illinois 62693. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 61033 Mine: Viper Mine, MSHA I.D. No. 11– 02664, located in Sangamon County, Illinois. 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) The use of nonpermissible electronic testing and diagnostic equipment will be limited to: Laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; insulation testers (meggers); voltage, current, resistance, and power measurement devices; ultrasonic thickness gauges; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All nonpermissible electronic 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 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 one percent. When one percent or more methane concentration is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible electronic equipment will be 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) Except for time necessary to troubleshoot under actual mining conditions, coal production in the Mechanized Mining Unit will cease. E:\FR\FM\26DEN1.SGM 26DEN1 ethrower on DSK3G9T082PROD with NOTICES 61034 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices 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 such 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–2017–026–C. Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, Pennsylvania 16201. Mine: Cresson Mine, MSHA I.D. No. 36–09308, located in Cambria County, Pennsylvania. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables and cords). Modification Request: The petitioner requests a modification of the existing standard to permit the use of 480-volt extended trailing cables on Mobile Bridge Conveyors, Dual Boom Roof Bolters, Truss Bolters, Single Boom Roof Bolters, and Shuttle Cars and 995-volt extended trailing cables on continuous mining machines. The petitioner states that: (1) Table 9 in Appendix 1 specifies the maximum length of trailing cables as: 600 feet using No. 4 American Wire Gauge (AWG) cables, 700 feet using No. 2 AWG cable, 850 feet using No. 2/0 AWG cable, and 1,000 feet using No. 4/0 AWG cable. (2) Trailing cables that supply 995volt 3-phase Alternating Current (AC) to continuous miners will not be smaller than No. 2/0 AWG shielded cable and will not exceed a length of: a. 1,000 feet when using No. 2/0 AWG shielded cable; or b. 1,250 feet when using No. 4/0 AWG shielded cable. (3) Trailing cables that supply 480volt 3-phase AC to mobile bridge conveyors will not be smaller than No. 2/0 AWG cable and will not exceed a length of: a. 1,000 feet when using 2/0 AWG cable; or b. 1,250 feet when using No. 4/0 AWG cable. (4) Trailing cables that supply 480volt 3-phase AC to the Fletcher Dual Boom Roof Bolter and Fletcher Tilt Head Truss Bolter will not exceed 1,200 feet in length when using No. 2 AWG cable. VerDate Sep<11>2014 20:21 Dec 22, 2017 Jkt 244001 (5) Trailing cables that supply 480volt 3-phase AC to the Long Airdox Single Head Roof Bolter will not exceed 900 feet in length when using No. 4 AWG cable. (6) Trailing cables that supply 480volt 3-phase AC to shuttle cars will not exceed 900 feet in length when using No. 4 AWG cable. (7) All circuit breakers used to protect No. 4 AWG trailing cable exceeding 600 feet in length will have instantaneous trip units calibrated and sealed to trip at 500 amperes with +/¥ 10 percent trip tolerance. The circuit breakers will have permanent, legible labels attached. The label will identify the circuit breaker as being suitable for protecting No. 4 AWG cables. (8) Replacement circuit breakers and/ or instantaneous trip units used to protect No. 4 AWG cables will be calibrated and sealed to trip at 500 amperes with +/¥10 percent trip tolerance. (9) All circuit breakers used to protect No. 2 AWG cables exceeding 700 feet in length will have instantaneous trip units calibrated and sealed to trip at 500 amperes with +/¥10 percent trip tolerance. The circuit breakers will have permanent, legible labels. The label will identify the circuit breaker as being suitable for protecting No. 2 AWG cables. (10) Replacement circuit breakers and/or instantaneous trip units used to protect No. 2 AWG cables will be calibrated and sealed to trip at 500 amperes with +/¥10 percent trip tolerance. (11) All circuit breakers used to protect No. 2/0 AWG cables or No. 4/0 AWG cables exceeding 850 feet in length will have instantaneous units calibrated and sealed to trip at 1,500 amperes with +/¥10 percent trip tolerance. (12) These circuit breakers will have permanent, legible labels. The label will identify the circuit breaker as being suitable for protecting No. 2/0 AWG or No. 4/0 AWG cables. (13) Replacement circuit breakers and/or instantaneous trip units used to protect No. 2/0 AWG or No. 4 AWG cables will be calibrated and sealed to trip at 1,500 amperes with +/¥10 percent trip tolerance. (14) All components that provide short-circuit protection will have a sufficient interruption rating in accordance with the maximum calculated fault currents available. (15) During production, persons designated by the operator will visually examine the trailing cables daily to ensure the cables are in safe operating condition and that the instantaneous PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 settings of the specially calibrated breakers do not have seals removed or have been tampered with and they do not exceed the stipulated settings. (16) Trailing cables not in safe operating condition will be removed from service immediately and repaired or replaced. (17) Splices or repairs in the trailing cables will be made in a workmanlike manner, in accordance with the instruction of the manufacturer of the splice or repair materials. The splice or repair will comply with the requirements in 30 CFR 75.603 and 75.604. (18) Permanent warning labels will be installed and maintained on the cover or covers 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. (19) Excess cable will be stored behind the anchor(s) on equipment that use cable reels to prevent the cables from overheating. (20) Petitioner will not implement this change until the petition for modification is approved and not until all miners who will be responsible for examination of the cables and associated electrical components have been trained on the contents and precautions included in the petition. (21) Within 60 days after the proposed decision and order becomes final, the petitioner will submit proposed revisions for the approved 30 CFR part 48 training plan to the District Manager. These proposed revisions will specify task training for miners designated to examine the trailing cables for safe operating condition, and verify the settings of the circuit breakers that protect the trailing cables do not exceed the specified settings in Items 7, 8, 9, 10, 11, 12, and 13. The training will include the following elements: a. The hazards of setting the circuit breakers too high to adequately protect the trailing cables. b. How to verify that the circuit breakers protecting the trailing cables are properly set and maintained. c. Mining methods and operating procedures that will protect the trailing cables against damage. d. The proper procedure for visually examining trailing cables to ensure the cables are in safe operating condition by inspecting the entire cable for nicks and abrasions and observing the insulation and integrity of any splices or repairs. The procedure as specified in 30 CFR 48.3 for approval of proposed revisions to already approved training plans will apply. E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices 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. 2017–27666 Filed 12–22–17; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2011–0189] Servicing Multi-Piece and Single Piece Rim Wheels; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration, Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Standard on Servicing Multi-Piece and Single Piece Rim Wheels. The paperwork provisions of the Standard includes a requirement that the manufacturer or a Registered Professional Engineer certify that repaired restraining devices and barriers meet the strength requirements specified in the Standard and a requirement that defective wheels and wheel components be marked or tagged. DATES: Comments must be submitted (postmarked, sent, or received) by February 26, 2018. ADDRESSES: Electronically: You may submit comments and attachments electronically at http:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit a copy of your comments and attachments to the OSHA Docket Office, Docket No. OSHA–2011–0189, Occupational Safety and Health Administration, U.S. Department of Labor, Room N–3653, 200 Constitution Avenue NW, ethrower on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:21 Dec 22, 2017 Jkt 244001 Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier services) are accepted during the Docket Office’s normal business hours, 10:00 a.m. to 3:00 p.m., ET. Instructions: All submissions must include the Agency name and OSHA docket number (OSHA–2011–0189) for the Information Collection Request (ICR). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at http://www.regulations.gov. For further information on submitting comments, see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other materials in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket (including this Federal Register notice) are listed in the http:// www.regulations.gov_index; however, some information (e.g., copyrighted material) is not publicly available to read or download from the website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Charles McCormick, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor; telephone (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accord with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 61035 accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). Certification of repair (§ 1910.177(d)(3)(iv)). This paragraph requires that when restraining devices and barriers are removed from service because they are defective, they shall not be returned to service until they are repaired and reinspected. If the repair is structural, the manufacturer or a Registered Professional Engineer must certify that the strength requirements specified in § 1910.177(d)(3)(i) of the Standard have been met. The certification records are used to assure that equipment has been properly repaired. The certification records also provide the most efficient means for OSHA compliance officers to determine that an employer is complying with the Standard. Marking or tagging of wheel components (1910.177(e)(2)). This paragraph requires that defective wheels and wheel components ‘‘be marked or tagged unserviceable and removed from the service area.’’ Under this requirement, OSHA is providing employers with sufficient information from which they can derive the wording to use in marking the object or constructing a tag. Therefore, this provision imposes no paperwork burden because it falls within the portion of 5 CFR 1320(c)(2) that states, ‘‘The public disclosure of information originally supplied by the Federal government to the recipient for the purpose of disclosure to the public is not included within this definition [of ‘collection of information’]’’. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency’s functions, including whether the information is useful; • The accuracy of OSHA’s estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply. For example, by using automated or other technological information collection and transmission techniques. E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61032-61035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27666]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

SUMMARY: 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 25, 2018.

ADDRESSES: You may submit your comments, identified by ``docket 
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

[[Page 61033]]

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-2017-024-C.
    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 75.500(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) The use of nonpermissible electronic testing and diagnostic 
equipment will be limited to: Laptop computers; oscilloscopes; 
vibration analysis machines; cable fault detectors; point temperature 
probes; infrared temperature devices; insulation testers (meggers); 
voltage, current, resistance, and power measurement devices; ultrasonic 
thickness gauges; electronic component testers; and electronic 
tachometers. Other testing and diagnostic equipment may be used if 
approved in advance by the MSHA District Manager.
    (2) All nonpermissible electronic testing and diagnostic equipment 
used in or inby the last open crosscut will be examined by a qualified 
person, as defined in 30 CFR 75.153, prior to use to ensure the 
equipment is being maintained in a safe operating condition. The 
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 one 
percent. When one percent or more methane concentration is detected 
while the nonpermissible electronic equipment is being used, the 
equipment will be deenergized immediately and the nonpermissible 
electronic equipment will be 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 Mechanized Mining Unit 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 such 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-2017-025-C.
    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 75.507-1(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) The use of nonpermissible electronic testing and diagnostic 
equipment will be limited to: Laptop computers; oscilloscopes; 
vibration analysis machines; cable fault detectors; point temperature 
probes; infrared temperature devices; insulation testers (meggers); 
voltage, current, resistance, and power measurement devices; ultrasonic 
thickness gauges; electronic component testers; and electronic 
tachometers. Other testing and diagnostic equipment may be used if 
approved in advance by the MSHA District Manager.
    (2) All nonpermissible electronic 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 
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 one 
percent. When one percent or more methane concentration is detected 
while the nonpermissible electronic equipment is being used, the 
equipment will be deenergized immediately and the nonpermissible 
electronic equipment will be 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) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the Mechanized Mining Unit will cease.

[[Page 61034]]

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 such 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-2017-026-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Cresson Mine, MSHA I.D. No. 36-09308, located in Cambria 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480-volt extended trailing 
cables on Mobile Bridge Conveyors, Dual Boom Roof Bolters, Truss 
Bolters, Single Boom Roof Bolters, and Shuttle Cars and 995-volt 
extended trailing cables on continuous mining machines. The petitioner 
states that:
    (1) Table 9 in Appendix 1 specifies the maximum length of trailing 
cables as: 600 feet using No. 4 American Wire Gauge (AWG) cables, 700 
feet using No. 2 AWG cable, 850 feet using No. 2/0 AWG cable, and 1,000 
feet using No. 4/0 AWG cable.
    (2) Trailing cables that supply 995-volt 3-phase Alternating 
Current (AC) to continuous miners will not be smaller than No. 2/0 AWG 
shielded cable and will not exceed a length of:
    a. 1,000 feet when using No. 2/0 AWG shielded cable; or
    b. 1,250 feet when using No. 4/0 AWG shielded cable.
    (3) Trailing cables that supply 480-volt 3-phase AC to mobile 
bridge conveyors will not be smaller than No. 2/0 AWG cable and will 
not exceed a length of:
    a. 1,000 feet when using 2/0 AWG cable; or
    b. 1,250 feet when using No. 4/0 AWG cable.
    (4) Trailing cables that supply 480-volt 3-phase AC to the Fletcher 
Dual Boom Roof Bolter and Fletcher Tilt Head Truss Bolter will not 
exceed 1,200 feet in length when using No. 2 AWG cable.
    (5) Trailing cables that supply 480-volt 3-phase AC to the Long 
Airdox Single Head Roof Bolter will not exceed 900 feet in length when 
using No. 4 AWG cable.
    (6) Trailing cables that supply 480-volt 3-phase AC to shuttle cars 
will not exceed 900 feet in length when using No. 4 AWG cable.
    (7) All circuit breakers used to protect No. 4 AWG trailing cable 
exceeding 600 feet in length will have instantaneous trip units 
calibrated and sealed to trip at 500 amperes with +/- 10 percent trip 
tolerance. The circuit breakers will have permanent, legible labels 
attached. The label will identify the circuit breaker as being suitable 
for protecting No. 4 AWG cables.
    (8) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 4 AWG cables will be calibrated and sealed to trip 
at 500 amperes with +/-10 percent trip tolerance.
    (9) All circuit breakers used to protect No. 2 AWG cables exceeding 
700 feet in length will have instantaneous trip units calibrated and 
sealed to trip at 500 amperes with +/-10 percent trip tolerance. The 
circuit breakers will have permanent, legible labels. The label will 
identify the circuit breaker as being suitable for protecting No. 2 AWG 
cables.
    (10) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2 AWG cables will be calibrated and sealed to trip 
at 500 amperes with +/-10 percent trip tolerance.
    (11) All circuit breakers used to protect No. 2/0 AWG cables or No. 
4/0 AWG cables exceeding 850 feet in length will have instantaneous 
units calibrated and sealed to trip at 1,500 amperes with +/-10 percent 
trip tolerance.
    (12) These circuit breakers will have permanent, legible labels. 
The label will identify the circuit breaker as being suitable for 
protecting No. 2/0 AWG or No. 4/0 AWG cables.
    (13) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2/0 AWG or No. 4 AWG cables will be calibrated and 
sealed to trip at 1,500 amperes with +/-10 percent trip tolerance.
    (14) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (15) During production, persons designated by the operator will 
visually examine the trailing cables daily to ensure the cables are in 
safe operating condition and that the instantaneous settings of the 
specially calibrated breakers do not have seals removed or have been 
tampered with and they do not exceed the stipulated settings.
    (16) Trailing cables not in safe operating condition will be 
removed from service immediately and repaired or replaced.
    (17) Splices or repairs in the trailing cables will be made in a 
workmanlike manner, in accordance with the instruction of the 
manufacturer of the splice or repair materials. The splice or repair 
will comply with the requirements in 30 CFR 75.603 and 75.604.
    (18) Permanent warning labels will be installed and maintained on 
the cover or covers 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.
    (19) Excess cable will be stored behind the anchor(s) on equipment 
that use cable reels to prevent the cables from overheating.
    (20) Petitioner will not implement this change until the petition 
for modification is approved and not until all miners who will be 
responsible for examination of the cables and associated electrical 
components have been trained on the contents and precautions included 
in the petition.
    (21) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for the approved 
30 CFR part 48 training plan to the District Manager. These proposed 
revisions will specify task training for miners designated to examine 
the trailing cables for safe operating condition, and verify the 
settings of the circuit breakers that protect the trailing cables do 
not exceed the specified settings in Items 7, 8, 9, 10, 11, 12, and 13. 
The training will include the following elements:
    a. The hazards of setting the circuit breakers too high to 
adequately protect the trailing cables.
    b. How to verify that the circuit breakers protecting the trailing 
cables are properly set and maintained.
    c. Mining methods and operating procedures that will protect the 
trailing cables against damage.
    d. The proper procedure for visually examining trailing cables to 
ensure the cables are in safe operating condition by inspecting the 
entire cable for nicks and abrasions and observing the insulation and 
integrity of any splices or repairs.
    The procedure as specified in 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.

[[Page 61035]]

    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. 2017-27666 Filed 12-22-17; 8:45 am]
 BILLING CODE 4520-43-P