Petition for Modification of Application of Existing Mandatory Safety Standard, 15876-15879 [2018-07546]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 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 VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 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 http:// www.regulations.gov. MSHA cautions the commenter against providing any information in the submission that should not be publicly disclosed. Full PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 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: E:\FR\FM\12APN1.SGM 12APN1 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: sradovich on DSK3GMQ082PROD with NOTICES 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. VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 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 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 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 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES 15878 Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 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. VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 (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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 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 E:\FR\FM\12APN1.SGM 12APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices 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 VerDate Sep<11>2014 19:20 Apr 11, 2018 Jkt 244001 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—http://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: http://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. * * * * * Members of the public may request to receive this information electronically. If you would like to be added to the PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 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: E:\FR\FM\12APN1.SGM 12APN1

Agencies

[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.

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

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