Petition for Modification of Application of Existing Mandatory Safety Standard, 15876-15879 [2018-07546]
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15876
Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices
crucial information about a long-closed
mine that is being reopened.
Title 30 CFR 75.1200 requires each
underground coal mine operator to have
an accurate and up-to-date map of such
mine drawn to scale and stored in a
fireproof repository in an area on the
surface of the mine chosen by the mine
operator to minimize the danger of
destruction by fire or other hazards.
Sections 75.1200–1, 75.1201, 75.1202,
75.1202–1, and 75.1203 specify the
information which must be shown on
the map. The maps must be certified by
a registered engineer or surveyor; kept
continuously up-to-date by temporary
notations and revised and
supplemented to include the temporary
notations at intervals not more than 6
months; and made available for
inspection by a representative of the
Secretary, State coal mine inspectors,
miners and their representatives,
operators of adjacent coal mines, and
persons owning, leasing, or residing on
surface areas of such mines or areas
adjacent to such mines. These maps are
essential to the planning and safe
operation of the mine. In addition, these
maps provide a graphic presentation of
the locations of working sections and
the locations of fixed surface and
underground mine facilities and
equipment, escapeway routes, coal
haulage and man and materials haulage
entries and other information essential
to mine rescue or mine fire fighting
activities in the event of mine fire,
explosion or inundations of gas or
water. The information is essential to
the safe operation of adjacent mines and
mines approaching the worked out areas
of active or abandoned mines. Section
75.372 requires underground mine
operators to submit three copies of an
up-to-date mine map to the District
Manager at intervals not exceeding 12
months during the operating life of the
mine.
Title 30 CFR 75.1204 and 75.1204–1
require that whenever an underground
coal mine operator permanently closes
or abandons a coal mine, or temporarily
closes a coal mine for a period of more
than 90 days, the operator shall file with
MSHA a copy of the mine map revised
and supplemented to the date of
closure. Maps are retained in a
repository and are made available to
mine operators of adjacent properties.
The maps are necessary to provide an
accurate record of underground areas
that have been mined to help prevent
active mine operators from mining into
abandoned areas that may contain water
or harmful gases.
Title 30 CFR 77.1200, 77.1201 and
77.1202 require surface coal mine
operators to maintain an accurate and
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up-to-date map of the mine and
specifies the information to be shown
on the map, the acceptable range of map
scales, that the map be certified by a
registered engineer or surveyor, that the
map be available for inspection by the
Secretary or his authorized
representative. These maps are essential
for the safe operation of the mine and
provide essential information to
operators of adjacent surface and
underground mines. Properly prepared
and effectively utilized surface mine
maps can prevent outbursts of water
impounded in underground mine
workings and/or inundations of
underground mines by surface
impounded water or water and or gases
impounded in surface auger mining
worked out areas.
Title 30 CFR 75.373 and 75.1721
require that after a mine is abandoned
or declared inactive and before it is
reopened, mine operations shall not
begin until MSHA has been notified and
has completed an inspection. Section
75.1721 specifies that once the mine
operator notifies the MSHA District
Manager on the intent to reopen a mine
all preliminary plans must be submitted
in writing prior to development of the
coalbed unless or until all preliminary
plans are approved.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Mine Mapping and
Records of Opening, Closing, and
Reopening of Mines. MSHA is
particularly interested in comments
that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to 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.
The information collection request
will be available on https://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
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comments, including personal
information provided, will be made
available on www.regulations.gov and
www.reginfo.gov.
The public may also examine publicly
available documents at USDOL-Mine
Safety and Health Administration, 201
12th South, Suite 4E401, Arlington, VA
22202–5452. Sign in at the receptionist’s
desk on the 4th Floor via the East
elevator.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
III. Current Actions
This request for collection of
information contains provisions for
Mine Mapping and Records of Opening,
Closing, and Reopening of Mines.
MSHA has updated the data with
respect to the number of respondents,
responses, burden hours, and burden
costs supporting this information
collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0073.
Affected Public: Business or other forprofit.
Number of Respondents: 614.
Frequency: On occasion.
Number of Responses: 267.
Annual Burden Hours: 5,650 hours.
Annual Respondent or Recordkeeper
Cost: $7,620,554.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2018–07547 Filed 4–11–18; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of Existing Mandatory Safety Standard
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
a petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the parties
listed below.
SUMMARY:
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Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices
All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before May 14, 2018.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Email: 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 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.
DATES:
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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.
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II. Petition for Modification
Docket Number: M–2018–003–M.
Petitioner: Ciner Wyoming LLC, P.O.
Box 513, 254 County Road 4–6, Green
River, Wyoming 82935.
Mine: Big Island Mine, MSHA I.D. No.
48–00154, located in Sweetwater
County, Wyoming.
Regulation Affected: 30 CFR 57.22305
(Approved equipment (III mines)).
Modification Request: The petitioner
requests a modification of the existing
standard to establish an alternative
method. The petitioner alleges that
application of the standards as currently
enforced will result in a diminution of
safety to miners.
The petitioner states that:
(1) Mining operations at the Big Island
Mine do not involve pillar recovery
workings, longwall faces, or short-wall
faces. Thus, at the Big Island Mine, 30
CFR 57.22305 prohibits the use of
nonpermissible equipment ‘‘in or
beyond the last open crosscut.’’ The
term ‘‘last open crosscut’’ is not defined
by statue or regulation.
(2) The petitioner has formulated a
methodology, set forth in this petition
that provides operational certainty
regarding the location of the last open
crosscut and corresponding
permissibility boundary for the
petitioner’s mining operation unique to
the Big Island Mine, and minimizes the
employees’ exposure to red-zone
hazards.
(3) Though the petitioner contends
that its current mining methodology is
compliant with all aspects of 30 CFR
57.22305, the petitioner proposes this
alternative methodology to provide
operational certainty for the location of
the permissibility boundary, and in
return, to ensure that the requirements
of 30 CFR 57.22305 are satisfied.
In addition, the alternative
methodology eliminates unnecessary
movement of the continuous miner,
which in turn reduces mine personnel
exposure to red-zone hazards
(4) The petitioner proposes the
following alternative method:
(i) The Big Island Mine is a Category
III mine as defined in 30 CFR
57.22003(a)(3).
(ii) Methane is not capable of forming
explosive mixtures at levels below 5
percent in an environment with normal
atmospheric levels of approximately 20
percent oxygen as defined in 30 CFR
57.22003(a)(3).
(iii) The quantity of air coursed
through continuous miner sections
meets or exceeds the 9,000 cubic feet
per minute requirement as defined in 30
CFR 57.22213.
(iv) When the continuous miner is
cutting ore, nonpermissible equipment
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15877
will be staged outby the nonpermissible
equipment staging boundary (NPESB).
(v) The continuous miner is equipped
with a methane monitor as defined in 30
CFR 57.22308.
(vi) Pursuant to 30 CFR 57.22308, all
methane monitors will (1) give warning
at 1.0 percent methane; (2)
automatically de-energize electrical
equipment, except power to monitoring
equipment determined by MSHA to be
intrinsically safe under 30 CFR part 18
and prevent starting such equipment
when methane levels reach 1.5 percent;
and (3) automatically de-energize
electrical equipment when power to a
sensor is interrupted.
(vii) If the presence of methane is
detected at or above 1.0 percent,
immediate action will be taken to shut
down equipment in the affected area,
and ventilation changes will be made to
reduce the methane, pursuant to 30 CFR
57.22234.
(viii) Nonpermissible equipment may
be operated inby the NPESB to service
the continuous miner (including loading
bolts) only when the continuous miner
is not cutting ore. A competent person,
as defined in 30 CFR 57.22002, will
monitor for methane immediately before
and during use of nonpermissible
equipment to service the continuous
miner. The competent person will
utilize an approved testing device
pursuant to 30 CFR 57.22227(a).
Methane monitoring devices used for
measuring methane, other gases, and
contaminants in mine air will be
approved by MSHA under applicable
requirements of 30 CFR parts 18, 21, 22,
23, 27, and 29. Such devices will be
maintained in accordance with the
manufacturers’ instructions, or an
equivalent maintenance and calibration
procedure.
(ix) When operating nonpermissible
equipment inby the NPESB, such
equipment will not travel inby the
permissibility boundary (PB).
(x) Competent personnel engaged in
the use of nonpermissible equipment
will be properly trained to recognize the
hazards and limitations associated with
the use of nonpermissible equipment.
(xi) As the continuous miner
advances a room in a development
sequence, the petitioner will install
foam curtains on the crosscut outby the
last open crosscut, defined herein as the
last open crosscut perpendicular to the
direction of the room being mined and
at the boundary of intake and return air
systems. Guidance for the application of
foam to installed curtains will be
provided.
(5) The requested modification in this
petition would eliminate undue risk of
injury caused by retreating the
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continuous miner for purposes of
conducting maintenance, including the
elimination of pinch points, red zones,
manual lifting, and the carrying and
hauling of bits, roof support materials
and repair components. Nonpermissible
equipment will be able to service the
continuous miner near its cutting
location, greatly reducing the risks
associated with these tasks, with a
concomitant risk from methane ignition.
The petitioner asserts that application
of the existing standard would result in
a diminution of safety to the miners and
that the proposed alternative method
will guarantee that no less than the
same measure of protection is afforded
the miners at the Big Island Mine.
Docket Number: M–2018–005–C.
Petitioner: Hamilton County Coal,
LLC, 18033 County Road 500E,
Dahlgren, Illinois 62828–4294.
Mine: Hamilton Mine No. 1, MSHA
I.D. No. 11–03203, located in Hamilton
County, Illinois.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
maintenance) and 30 CFR 18.35
(Portable (trailing) cables and cords).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the maximum length
of trailing cables to be increased to
1,200 feet for supplying power to
continuous mining machines, roof
bolting machines, section ventilation
fans, and shuttle cars.
The petitioner states that:
(1) Petitioner is developing longwall
panels as part of a continuing mining
cycle. The development panels consist
of a multiple entry system with crosscut
centers not to exceed a maximum of 250
feet to improve roof and abutment
pressure control during longwall
mining. Ventilation is also improved by
limiting the number of stoppings, which
have a built-in ventilation pressure loss
factor.
(2) The trailing cables will apply to 3⁄0
American Wire Gauge (AWG) three
phase 995-volt Alternating Current (AC)
continuous mining machine, No. 2
AWG three phase 995-volt AC roof
bolting machines, No. 2 AWG three
phase 480-volt AC roof bolting
machines, No. 2 AWG three phase 995volt AC section ventilation fans, and 2⁄0
AWG 600-volt Direct Current (DC)
shuttle cars.
(3) The trailing cables for 995-volt AC
continuous mining machines will not be
smaller than 3⁄0 AWG.
(4) The trailing cables for the 995-volt
AC roof bolting machines will not be
smaller than No. 2 AWG.
(5) The trailing cables for 995-volt AC
section ventilation fans will not be
smaller than No. 2 AWG.
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(6) The trailing cables for 600-volt DC
shuttle cars will not be smaller than 2⁄0
AWG.
(7) All circuit breakers used to protect
No. 2 AWG 995-volt trailing cables
exceeding 700 feet in length will have
instantaneous trip units calibrated to
trip at 800 amperes. The trip setting of
the circuit breakers will be sealed to
ensure that the setting on these breakers
cannot be changed, and these breakers
will have permanent legible labels. Each
label will identify these circuit breakers
as being suitable for protecting the No.
2 AWG cables.
(8) Replacement circuit breakers and/
or instantaneous trip units used to
protect the No. 2 AWG 995-volt trailing
cables will be calibrated to trip at 800
amperes and this setting will be sealed.
(9) All circuit breakers used to protect
No. 2 AWG 480-volt trailing cables
exceeding 700 feet in length will have
instantaneous trip units calibrated to
trip at 450 amperes. The trip setting of
these circuit breakers will be sealed to
ensure that the settings on these
breakers cannot be changed, and these
breakers will have permanent, legible
labels. Each label will identify the
circuit breaker as being suitable for
protecting the No. 2 AWG cables.
(10) Replacement circuit breakers
and/or instantaneous trip units, used to
protect the No. 2 AWG 480-volt trailing
cables will be calibrated to trip at 450
amperes, and this setting will be sealed.
(11) All circuit breakers used to
protect 3⁄0 AWG 995-volt trailing cables
exceeding 900 feet in length will have
instantaneous trip units to trip at 1,830
amperes. The trip setting of these circuit
breakers will be sealed to ensure that
the settings on these breakers cannot be
changed, and these breakers will have
permanent legible labels. Each label will
identify the circuit breaker as being
suitable for protecting the 3⁄0 AWG
cable.
(12) Replacement circuit breakers
and/or instantaneous trip units used to
protect the 3⁄0 AWG 995-volt trailing
cables will be calibrated to trip at 1,830
amperes, and this setting will be sealed.
(13) All circuit breakers used to
protect 2⁄0 AWG 600-volt DC trailing
cables exceeding 850 feet in length will
have instantaneous trip units to trip at
900 amperes. The trip setting of these
circuit breakers will be sealed to ensure
that the settings on these breakers
cannot be changed, and these breakers
will have permanent legible labels. Each
label shall identify the circuit breaker as
being suitable for protecting the 2⁄0 AWG
cable.
(14) Replacement circuit breakers
and/or instantaneous trip units used to
protect the 2⁄0 AWG 600-volt trailing
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cables will be calibrated to trip at 900
amperes and this setting will be sealed.
(15) All components that provide
short circuit protection will have
sufficient interruption rating in
accordance with the maximum
calculated fault currents available.
(16) During each production day,
persons designated by the operator will
visually examine the trailing cables to
ensure that the cables are in safe
operation condition and that the
instantaneous settings of the specially
calibrated breakers do not have seals or
locks removed and that they do not
exceed the stipulated settings.
(17) Any trailing cable that is not in
safe operating condition will be
removed from service immediately and
repaired or replaced.
(18) Each splice or repair in the
trailing cable will be made in a
workmanlike manner and in accordance
with the instructions of the
manufacturer of the splice or repair
materials. The splice or repair will
comply with 30 CFR 75.603 and 75.604
requirements. The outer jacket of each
splice or repair will be vulcanized with
flame-resistant material or made with
material that has been accepted by
MSHA as flame-resistant.
(19) Permanent warning labels will be
installed and maintained on the cover(s)
of the power center identifying the
location of each sealed or locked shortcircuit protective device. These labels
will warn miners not change or alter
these short-circuit settings and any sign
of tempering with the specially
calibrated breaker or trip unit will
require the replacement of the circuit
breaker with another calibrated, sealed
and/or locked trip unit.
(20) In the event the mining method
or operating procedures cause or
contribute to the damage of any trailing
cable, the cable will be removed from
service immediately and repaired or
replaced. Also, additional precautions
will be taken to ensure that haulage
roads and trailing cable storage areas are
situated to minimize contact of the
trailing cable with continuous miners,
loading machines, shuttle cars, roof
bolters, and section ventilation fans.
Moreover, trailing cable anchors on
cable reel equipment will be of a
permanent type that minimizes the
tensile forces on the trailing cables.
(21) Where the method of mining
would require that trailing cables cross
roadways or haulage ways, the cable
will be securely supported from the
mine roof or a substantial bridge for
equipment to pass over the cables will
be provided and used.
(22) Excessive cable will be stored
behind the anchor(s) on equipment that
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use cable reels to prevent cables from
overheating.
(23) The petitioner’s alternative
method will not be implemented until
all miners who have been designated to
examine the integrity of seals or locks
and to verify the short-circuit settings
and proper procedure for examining
trailing cables for defects and damage
have received the training specified
above.
(24) The equipment listed in this
petition will comply with all other
applicable requirements of the Federal
Mine Safety and Health Act of 1977 and
the applicable requirements of 30 CFR
part 75.
(25) Within 60 days after this petition
is final, the petitioner will submit
proposed revisions for its 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 operation condition and
verify that the short circuit settings of
the circuit interrupting device(s) that
protect the affected trailing cables do
not exceed the settings specified above.
The training will include the following:
a. Mining methods and operating
procedures that will protect the trailing
cables against damage.
b. The proper procedure for
examining the trailing cable to ensure
that the cables are in safe operating
condition by a visual inspection of the
entire cable, observing the insulation,
the integrity of the splices, and nicks
and abrasions.
c. The hazards of setting the
instantaneous circuit breakers too high
to adequately protect the trailing cables.
d. How to verify that the circuit
interrupting device(s) protecting the
trailing cables are properly set and
maintained.
e. How to protect the trailing cables
against damage caused by overheating
due to excessive cable stored on the
cable reel(s) and adjusting stored cable
behind the cable anchor(s) as tramming
distances change. The procedures as
specified in 30 CFR 48.3 for approval of
proposed revisions to already approved
training plans will apply.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2018–07546 Filed 4–11–18; 8:45 am]
BILLING CODE 4520–43–P
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15879
distribution, please contact the Nuclear
Regulatory Commission, Office of the
Secretary, Washington, DC 20555 (301–
415–1969), or email Wendy.Moore@
nrc.gov or Patricia.Jimenez@nrc.gov.
NUCLEAR REGULATORY
COMMISSION
[NRC–2018–0001]
Sunshine Act Meetings
Week of April 9, 2018.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public.
DATE:
Dated: April 9, 2018.
Denise L. McGovern,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2018–07685 Filed 4–10–18; 11:15 am]
BILLING CODE 7590–01–P
Week of April 9
Thursday, April 12, 2018
8:55 a.m. Affirmation Session (Public
Meeting) (Tentative)
Entergy Nuclear Vermont Yankee,
LCC, and Entergy Nuclear
Operations, Inc; Vermont Yankee
Nuclear Power Station) (Tentative)
This meeting will be webcast live at
the Web address—https://www.nrc.gov/.
*
*
*
*
*
Additional Information
By a vote of 3–0 on April 9, 2018, the
Commission determined pursuant to
U.S.C. 552b(e) and § 9.107(a) of the
Commission’s rules that the above
referenced Affirmation Session be held
with less than one week notice to the
public. The meeting is scheduled on
April 12, 2018.
*
*
*
*
*
The schedule for Commission
meetings is subject to change on short
notice. For more information or to verify
the status of meetings, contact Denise
McGovern at 301–415–0981 or via email
at Denise.McGovern@nrc.gov.
*
*
*
*
*
The NRC Commission Meeting
Schedule can be found on the internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
*
*
*
*
*
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0739, by
videophone at 240–428–3217, or by
email at Kimberly.Meyer-Chambers@
nrc.gov. Determinations on requests for
reasonable accommodation will be
made on a case-by-case basis.
*
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Members of the public may request to
receive this information electronically.
If you would like to be added to the
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OFFICE OF PERSONNEL
MANAGEMENT
Submission for Review: RI 38–115,
Representative Payee Survey
Office of Personnel
Management.
ACTION: 30-day notice and request for
comments.
AGENCY:
Retirement Services, Office of
Personnel Management (OPM) offers the
general public and other federal
agencies the opportunity to comment on
a revised information collection (ICR),
Representative Payee Survey, RI 38–115.
DATES: Comments are encouraged and
will be accepted until May 14, 2018.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street NW,
Washington, DC 20503, Attention: Desk
Officer for the Office of Personnel
Management or sent via electronic mail
to oira_submission@omb.eop.gov or
faxed to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of this information collection, with
applicable supporting documentation,
may be obtained by contacting the
Retirement Services Publications Team,
Office of Personnel Management, 1900 E
Street NW, Room 3316–L, Washington,
DC 20415, Attention: Cyrus S. Benson,
or sent via electronic mail to
Cyrus.Benson@opm.gov or faxed to
(202) 606–0910 or via telephone at (202)
606–4808.
SUPPLEMENTARY INFORMATION: As
required by the Paperwork Reduction
Act of 1995, OPM is soliciting
comments for this collection. The
information collection (OMB No. 3206–
0208) was previously published in the
Federal Register on June 9, 2017, at 82
FR 26817, allowing for a 60-day public
comment period. No comments were
received for this information collection.
The purpose of this notice is to allow an
additional 30 days for public comments.
The Office of Management and Budget
SUMMARY:
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[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15876-15879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07546]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
[[Page 15877]]
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 14, 2018.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Email: [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. Petition for Modification
Docket Number: M-2018-003-M.
Petitioner: Ciner Wyoming LLC, P.O. Box 513, 254 County Road 4-6,
Green River, Wyoming 82935.
Mine: Big Island Mine, MSHA I.D. No. 48-00154, located in
Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III
mines)).
Modification Request: The petitioner requests a modification of the
existing standard to establish an alternative method. The petitioner
alleges that application of the standards as currently enforced will
result in a diminution of safety to miners.
The petitioner states that:
(1) Mining operations at the Big Island Mine do not involve pillar
recovery workings, longwall faces, or short-wall faces. Thus, at the
Big Island Mine, 30 CFR 57.22305 prohibits the use of nonpermissible
equipment ``in or beyond the last open crosscut.'' The term ``last open
crosscut'' is not defined by statue or regulation.
(2) The petitioner has formulated a methodology, set forth in this
petition that provides operational certainty regarding the location of
the last open crosscut and corresponding permissibility boundary for
the petitioner's mining operation unique to the Big Island Mine, and
minimizes the employees' exposure to red-zone hazards.
(3) Though the petitioner contends that its current mining
methodology is compliant with all aspects of 30 CFR 57.22305, the
petitioner proposes this alternative methodology to provide operational
certainty for the location of the permissibility boundary, and in
return, to ensure that the requirements of 30 CFR 57.22305 are
satisfied.
In addition, the alternative methodology eliminates unnecessary
movement of the continuous miner, which in turn reduces mine personnel
exposure to red-zone hazards
(4) The petitioner proposes the following alternative method:
(i) The Big Island Mine is a Category III mine as defined in 30 CFR
57.22003(a)(3).
(ii) Methane is not capable of forming explosive mixtures at levels
below 5 percent in an environment with normal atmospheric levels of
approximately 20 percent oxygen as defined in 30 CFR 57.22003(a)(3).
(iii) The quantity of air coursed through continuous miner sections
meets or exceeds the 9,000 cubic feet per minute requirement as defined
in 30 CFR 57.22213.
(iv) When the continuous miner is cutting ore, nonpermissible
equipment will be staged outby the nonpermissible equipment staging
boundary (NPESB).
(v) The continuous miner is equipped with a methane monitor as
defined in 30 CFR 57.22308.
(vi) Pursuant to 30 CFR 57.22308, all methane monitors will (1)
give warning at 1.0 percent methane; (2) automatically de-energize
electrical equipment, except power to monitoring equipment determined
by MSHA to be intrinsically safe under 30 CFR part 18 and prevent
starting such equipment when methane levels reach 1.5 percent; and (3)
automatically de-energize electrical equipment when power to a sensor
is interrupted.
(vii) If the presence of methane is detected at or above 1.0
percent, immediate action will be taken to shut down equipment in the
affected area, and ventilation changes will be made to reduce the
methane, pursuant to 30 CFR 57.22234.
(viii) Nonpermissible equipment may be operated inby the NPESB to
service the continuous miner (including loading bolts) only when the
continuous miner is not cutting ore. A competent person, as defined in
30 CFR 57.22002, will monitor for methane immediately before and during
use of nonpermissible equipment to service the continuous miner. The
competent person will utilize an approved testing device pursuant to 30
CFR 57.22227(a). Methane monitoring devices used for measuring methane,
other gases, and contaminants in mine air will be approved by MSHA
under applicable requirements of 30 CFR parts 18, 21, 22, 23, 27, and
29. Such devices will be maintained in accordance with the
manufacturers' instructions, or an equivalent maintenance and
calibration procedure.
(ix) When operating nonpermissible equipment inby the NPESB, such
equipment will not travel inby the permissibility boundary (PB).
(x) Competent personnel engaged in the use of nonpermissible
equipment will be properly trained to recognize the hazards and
limitations associated with the use of nonpermissible equipment.
(xi) As the continuous miner advances a room in a development
sequence, the petitioner will install foam curtains on the crosscut
outby the last open crosscut, defined herein as the last open crosscut
perpendicular to the direction of the room being mined and at the
boundary of intake and return air systems. Guidance for the application
of foam to installed curtains will be provided.
(5) The requested modification in this petition would eliminate
undue risk of injury caused by retreating the
[[Page 15878]]
continuous miner for purposes of conducting maintenance, including the
elimination of pinch points, red zones, manual lifting, and the
carrying and hauling of bits, roof support materials and repair
components. Nonpermissible equipment will be able to service the
continuous miner near its cutting location, greatly reducing the risks
associated with these tasks, with a concomitant risk from methane
ignition.
The petitioner asserts that application of the existing standard
would result in a diminution of safety to the miners and that the
proposed alternative method will guarantee that no less than the same
measure of protection is afforded the miners at the Big Island Mine.
Docket Number: M-2018-005-C.
Petitioner: Hamilton County Coal, LLC, 18033 County Road 500E,
Dahlgren, Illinois 62828-4294.
Mine: Hamilton Mine No. 1, MSHA I.D. No. 11-03203, located in
Hamilton County, Illinois.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables
and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit the maximum length of trailing cables to be
increased to 1,200 feet for supplying power to continuous mining
machines, roof bolting machines, section ventilation fans, and shuttle
cars.
The petitioner states that:
(1) Petitioner is developing longwall panels as part of a
continuing mining cycle. The development panels consist of a multiple
entry system with crosscut centers not to exceed a maximum of 250 feet
to improve roof and abutment pressure control during longwall mining.
Ventilation is also improved by limiting the number of stoppings, which
have a built-in ventilation pressure loss factor.
(2) The trailing cables will apply to \3/0\ American Wire Gauge
(AWG) three phase 995-volt Alternating Current (AC) continuous mining
machine, No. 2 AWG three phase 995-volt AC roof bolting machines, No. 2
AWG three phase 480-volt AC roof bolting machines, No. 2 AWG three
phase 995-volt AC section ventilation fans, and \2/0\ AWG 600-volt
Direct Current (DC) shuttle cars.
(3) The trailing cables for 995-volt AC continuous mining machines
will not be smaller than \3/0\ AWG.
(4) The trailing cables for the 995-volt AC roof bolting machines
will not be smaller than No. 2 AWG.
(5) The trailing cables for 995-volt AC section ventilation fans
will not be smaller than No. 2 AWG.
(6) The trailing cables for 600-volt DC shuttle cars will not be
smaller than \2/0\ AWG.
(7) All circuit breakers used to protect No. 2 AWG 995-volt
trailing cables exceeding 700 feet in length will have instantaneous
trip units calibrated to trip at 800 amperes. The trip setting of the
circuit breakers will be sealed to ensure that the setting on these
breakers cannot be changed, and these breakers will have permanent
legible labels. Each label will identify these circuit breakers as
being suitable for protecting the No. 2 AWG cables.
(8) Replacement circuit breakers and/or instantaneous trip units
used to protect the No. 2 AWG 995-volt trailing cables will be
calibrated to trip at 800 amperes and this setting will be sealed.
(9) All circuit breakers used to protect No. 2 AWG 480-volt
trailing cables exceeding 700 feet in length will have instantaneous
trip units calibrated to trip at 450 amperes. The trip setting of these
circuit breakers will be sealed to ensure that the settings on these
breakers cannot be changed, and these breakers will have permanent,
legible labels. Each label will identify the circuit breaker as being
suitable for protecting the No. 2 AWG cables.
(10) Replacement circuit breakers and/or instantaneous trip units,
used to protect the No. 2 AWG 480-volt trailing cables will be
calibrated to trip at 450 amperes, and this setting will be sealed.
(11) All circuit breakers used to protect \3/0\ AWG 995-volt
trailing cables exceeding 900 feet in length will have instantaneous
trip units to trip at 1,830 amperes. The trip setting of these circuit
breakers will be sealed to ensure that the settings on these breakers
cannot be changed, and these breakers will have permanent legible
labels. Each label will identify the circuit breaker as being suitable
for protecting the \3/0\ AWG cable.
(12) Replacement circuit breakers and/or instantaneous trip units
used to protect the \3/0\ AWG 995-volt trailing cables will be
calibrated to trip at 1,830 amperes, and this setting will be sealed.
(13) All circuit breakers used to protect \2/0\ AWG 600-volt DC
trailing cables exceeding 850 feet in length will have instantaneous
trip units to trip at 900 amperes. The trip setting of these circuit
breakers will be sealed to ensure that the settings on these breakers
cannot be changed, and these breakers will have permanent legible
labels. Each label shall identify the circuit breaker as being suitable
for protecting the \2/0\ AWG cable.
(14) Replacement circuit breakers and/or instantaneous trip units
used to protect the \2/0\ AWG 600-volt trailing cables will be
calibrated to trip at 900 amperes and this setting will be sealed.
(15) All components that provide short circuit protection will have
sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(16) During each production day, persons designated by the operator
will visually examine the trailing cables to ensure that the cables are
in safe operation condition and that the instantaneous settings of the
specially calibrated breakers do not have seals or locks removed and
that they do not exceed the stipulated settings.
(17) Any trailing cable that is not in safe operating condition
will be removed from service immediately and repaired or replaced.
(18) Each splice or repair in the trailing cable will be made in a
workmanlike manner and in accordance with the instructions of the
manufacturer of the splice or repair materials. The splice or repair
will comply with 30 CFR 75.603 and 75.604 requirements. The outer
jacket of each splice or repair will be vulcanized with flame-resistant
material or made with material that has been accepted by MSHA as flame-
resistant.
(19) Permanent warning labels will be installed and maintained on
the cover(s) of the power center identifying the location of each
sealed or locked short-circuit protective device. These labels will
warn miners not change or alter these short-circuit settings and any
sign of tempering with the specially calibrated breaker or trip unit
will require the replacement of the circuit breaker with another
calibrated, sealed and/or locked trip unit.
(20) In the event the mining method or operating procedures cause
or contribute to the damage of any trailing cable, the cable will be
removed from service immediately and repaired or replaced. Also,
additional precautions will be taken to ensure that haulage roads and
trailing cable storage areas are situated to minimize contact of the
trailing cable with continuous miners, loading machines, shuttle cars,
roof bolters, and section ventilation fans. Moreover, trailing cable
anchors on cable reel equipment will be of a permanent type that
minimizes the tensile forces on the trailing cables.
(21) Where the method of mining would require that trailing cables
cross roadways or haulage ways, the cable will be securely supported
from the mine roof or a substantial bridge for equipment to pass over
the cables will be provided and used.
(22) Excessive cable will be stored behind the anchor(s) on
equipment that
[[Page 15879]]
use cable reels to prevent cables from overheating.
(23) The petitioner's alternative method will not be implemented
until all miners who have been designated to examine the integrity of
seals or locks and to verify the short-circuit settings and proper
procedure for examining trailing cables for defects and damage have
received the training specified above.
(24) The equipment listed in this petition will comply with all
other applicable requirements of the Federal Mine Safety and Health Act
of 1977 and the applicable requirements of 30 CFR part 75.
(25) Within 60 days after this petition is final, the petitioner
will submit proposed revisions for its 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
operation condition and verify that the short circuit settings of the
circuit interrupting device(s) that protect the affected trailing
cables do not exceed the settings specified above. The training will
include the following:
a. Mining methods and operating procedures that will protect the
trailing cables against damage.
b. The proper procedure for examining the trailing cable to ensure
that the cables are in safe operating condition by a visual inspection
of the entire cable, observing the insulation, the integrity of the
splices, and nicks and abrasions.
c. The hazards of setting the instantaneous circuit breakers too
high to adequately protect the trailing cables.
d. How to verify that the circuit interrupting device(s) protecting
the trailing cables are properly set and maintained.
e. How to protect the trailing cables against damage caused by
overheating due to excessive cable stored on the cable reel(s) and
adjusting stored cable behind the cable anchor(s) as tramming distances
change. The procedures as specified in 30 CFR 48.3 for approval of
proposed revisions to already approved training plans will apply.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-07546 Filed 4-11-18; 8:45 am]
BILLING CODE 4520-43-P
