Petitions for Modification of Application of Existing Mandatory Safety Standards, 17681-17684 [2018-08408]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Notices]
[Pages 17681-17684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08408]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

SUMMARY: This notice is a summary of petitions for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before May 23, 2018.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include docket number 
of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition and comments 
during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor (Secretary) 
determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2018-006-C.
    Petitioner: Wolf Run Mining LLC, 21550 Barbour County Highway, 
Philippi, West Virginia 26416.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of nonpermissible electronic low-voltage or battery-
powered nonpermissible electronic hand-held drill equipment in or inby 
the last open crosscut.
    The petitioner states that:
    (1) Nonpermissible electronic low-voltage or battery-powered 
nonpermissible electronic equipment will be limited to hand-held drill 
equipment.
    (2) All other hand-held drill equipment used in or inby the last 
open crosscut will be permissible.
    (3) Other hand-held drill equipment may be used if approved in 
advance by the MSHA District Manager.
    (4) All nonpermissible low-voltage or battery-powered 
nonpermissible hand-held equipment to be used in or inby the last open 
crosscut will be examined prior to use by a certified person to ensure 
the equipment is being maintained in a safe operating condition.
    (5) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (6) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible hand-held drill equipment in or inby the last open 
crosscut.
    (7) Nonpermissible hand-held drill equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 
methane is detected at such level while the nonpermissible hand-held 
drill equipment is being used, the equipment will be deenergized 
immediately and withdrawn outby the last open crosscut.
    (8) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (9) Coal production will cease in the entry or crosscut where the 
nonpermissible hand-held drill equipment is in use. Accumulations of 
coal and combustible materials referenced in 30 CFR 75.400 will be 
removed before drilling begins to provide additional safety to miners.
    (10) Nonpermissible electronic hand-held drill equipment will not 
be used when float coal dust is in suspension.
    (11) All hand-held drill equipment will be used in accordance with 
the manufacturer's recommended safe use procedures.
    (12) Qualified personnel who use nonpermissible hand-held drill 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of such equipment in areas where 
methane could be present.
    (13) The nonpermissible electronic hand-held drill equipment will 
not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all of the above 
terms and conditions.
    (14) Cables supplying power to low-voltage hand-held drill 
equipment will only be used when permissible hand-held drill equipment 
is not available.
    Within 60 days after the Proposed Decision and Order (PDO) becomes

[[Page 17682]]

final, the petitioner will submit proposed revisions for its Part 48 
training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions in 
the PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-007-C.
    Petitioner: Wolf Run Mining LLC, 21550 Barbour County Highway, 
Philippi, West Virginia 26416.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of nonpermissible electronic low-voltage or battery-
powered nonpermissible electronic hand-held drill equipment in return 
airways.
    The petitioner states that:
    (1) Nonpermissible electronic low-voltage or battery-powered 
nonpermissible electronic equipment will be limited to hand-held drill 
equipment.
    (2) All other hand-held drill equipment used in return airways will 
be permissible.
    (3) Other hand-held drill equipment may be used if approved in 
advance by the MSHA District Manager.
    (4) All nonpermissible low-voltage or battery-powered 
nonpermissible hand-held equipment to be used in return airways will be 
examined prior to use by a certified person to ensure equipment is 
being maintained in a safe operating condition.
    (5) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (6) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible hand-held drill equipment in return airways.
    (7) Nonpermissible hand-held drill equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 
methane is detected at such level while the nonpermissible hand-held 
drill equipment is being used, the equipment will be deenergized 
immediately and withdrawn out of return airways.
    (8) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (9) Coal production will cease in the entry or crosscut where the 
nonpermissible hand-held drill equipment is in use. Accumulations of 
coal and combustible materials referenced in 30 CFR 75.400 will be 
removed before drilling begins to provide additional safety to miners.
    (10) Nonpermissible electronic hand-held drill equipment will not 
be used when float coal dust is in suspension.
    (11) All hand-held drill equipment will be used in accordance with 
the manufacturer's recommended safe use procedures.
    (12) Qualified personnel who use nonpermissible hand-held drill 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of such equipment in areas where 
methane could be present.
    (13) The nonpermissible electronic hand-held drill equipment will 
not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all of the above 
terms and conditions.
    (14) Cables supplying power to low-voltage hand-held drill 
equipment will only be used when permissible hand-held drill equipment 
is not available.
    Within 60 days after the Proposed Decision and Order (PDO) becomes 
final, the petitioner will submit proposed revisions for its Part 48 
training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions in 
the PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-008-C.
    Petitioner: Wolf Run Mining LLC, 21550 Barbour County Highway, 
Philippi, West Virginia 26416.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of nonpermissible electronic low-voltage or battery-
powered nonpermissible electronic hand-held drill equipment within 150 
feet of pillar workings or longwall faces.
    The petitioner states that:
    (1) Nonpermissible electronic low-voltage or battery-powered 
nonpermissible electronic equipment will be limited to hand-held drill 
equipment.
    (2) All other hand-held drill equipment used within 150 feet of 
pillar workings or longwall faces will be permissible.
    (3) Other hand-held drill equipment may be used if approved in 
advance by the MSHA District Manager.
    (4) All nonpermissible low-voltage or battery-powered 
nonpermissible hand-held equipment to be used within 150 feet of pillar 
workings or longwall faces will be examined prior to use by a certified 
person to ensure equipment is being maintained in a safe operating 
condition.
    (5) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (6) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible hand-held drill equipment within 150 feet of pillar 
workings or longwall faces.
    (7) Nonpermissible hand-held drill equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 
methane is detected at such level while the nonpermissible hand-held 
drill equipment is being used, the equipment will be deenergized 
immediately and withdrawn further than 150 feet of pillar workings or 
longwall faces.
    (8) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (9) Coal production will cease in the entry or crosscut where the 
nonpermissible hand-held drill equipment is in use. Accumulations of 
coal and combustible materials referenced in 30 CFR 75.400 will be 
removed before drilling begins to provide additional safety to miners.
    (10) Nonpermissible electronic hand-held drill equipment will not 
be used when float coal dust is in suspension.
    (11) All hand-held drill equipment will be used in accordance with 
the manufacturer's recommended safe use procedures.
    (12) Qualified personnel who use nonpermissible hand-held drill 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of such equipment

[[Page 17683]]

in areas where methane could be present.
    (13) The nonpermissible electronic hand-held drill equipment will 
not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all of the above 
terms and conditions.
    (14) Cables supplying power to low-voltage hand-held drill 
equipment will only be used when permissible hand-held drill equipment 
is not available.
    Within 60 days after the Proposed Decision and Order (PDO) becomes 
final, the petitioner will submit proposed revisions for its Part 48 
training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions in 
the PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-009-C.
    Petitioner: Mingo Logan Coal LLC, P.O. Box E, Sharples, West 
Virginia 25183.
    Mine: Mountaineer II Mine, MSHA I.D. No. 46-09029, located in Logan 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of nonpermissible electronic low-voltage or battery-
powered nonpermissible electronic hand-held drill equipment in or inby 
the last open crosscut.
    The petitioner states that:
    (1) Nonpermissible electronic low-voltage or battery-powered 
nonpermissible electronic equipment will be limited to hand-held drill 
equipment.
    (2) All other hand-held drill equipment used in or inby the last 
open crosscut will be permissible.
    (3) Other hand-held drill equipment may be used if approved in 
advance by the MSHA District Manager.
    (4) All nonpermissible low-voltage or battery-powered 
nonpermissible hand-held equipment to be used in or inby the last open 
crosscut will be examined prior to use by a certified person to ensure 
the equipment is being maintained in a safe operating condition.
    (5) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (6) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible hand-held drill equipment in or inby the last open 
crosscut.
    (7) Nonpermissible hand-held drill equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 
methane is detected at such level while the nonpermissible hand-held 
drill equipment is being used, the equipment will be deenergized 
immediately and withdrawn outby the last open crosscut.
    (8) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (9) Coal production will cease in the entry or crosscut where the 
drill is in use. Accumulations of coal and combustible materials 
referenced in 30 CFR 75.400 will be removed before drilling begins to 
provide additional safety to miners.
    (10) Nonpermissible electronic hand-held drill equipment will not 
be used when float coal dust is in suspension.
    (11) All hand-held drill equipment will be used in accordance with 
the manufacturer's recommended safe use procedures.
    (12) Qualified personnel who use nonpermissible hand-held drill 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of such equipment in areas where 
methane could be present.
    (13) The nonpermissible electronic hand-held drill equipment will 
not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all of the above 
terms and conditions.
    (14) Cables supplying power to low-voltage hand-held drill 
equipment will only be used when permissible hand-held drill equipment 
is not available.
    Within 60 days after the Proposed Decision and Order (PDO) becomes 
final, the petitioner will submit proposed revisions for its Part 48 
training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions in 
the PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-010 C.
    Petitioner: Mingo Logan Coal LLC, P.O. Box E, Sharples, West 
Virginia 25183.
    Mine: Mountaineer II Mine, MSHA I.D. No. 46-09029, located in Logan 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of nonpermissible electronic low-voltage or battery-
powered nonpermissible electronic hand-held drill equipment in return 
airways.
    The petitioner states that:
    (1) Nonpermissible electronic low-voltage or battery-powered 
nonpermissible electronic equipment will be limited to hand-held drill 
equipment.
    (2) All other hand-held drill equipment used in return airways will 
be permissible.
    (3) Other hand-held drill equipment may be used if approved in 
advance by the MSHA District Manager.
    (4) All nonpermissible low-voltage or battery-powered 
nonpermissible hand-held equipment to be used in return airways will be 
examined prior to use by a certified person to ensure equipment is 
being maintained in a safe operating condition.
    (5) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (6) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible hand-held drill equipment in return airways.
    (7) Nonpermissible hand-held drill equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 
methane is detected at such level while the nonpermissible hand-held 
drill equipment is being used, the equipment will be deenergized 
immediately and withdrawn out of return airways.
    (8) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (9) Coal production will cease in the entry or crosscut where the 
drill is in use. Accumulations of coal and combustible materials 
referenced in 30 CFR 75.400 will be removed before drilling begins to 
provide additional safety to miners.
    (10) Nonpermissible electronic hand-held drill equipment will not 
be used when float coal dust is in suspension.
    (11) All hand-held drill equipment will be used in accordance with 
the

[[Page 17684]]

manufacturer's recommended safe use procedures.
    (12) Qualified personnel who use nonpermissible hand-held drill 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of such equipment in areas where 
methane could be present.
    (13) The nonpermissible electronic hand-held drill equipment will 
not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all of the above 
terms and conditions.
    (14) Cables supplying power to low-voltage hand-held drill 
equipment will only be used when permissible hand-held drill equipment 
is not available.
    Within 60 days after the Proposed Decision and Order (PDO) becomes 
final, the petitioner will submit proposed revisions for its Part 48 
training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions in 
the PDO.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Docket Number: M-2018-011-C.
    Petitioner: Mingo Logan Coal LLC, P.O. Box E, Sharples, West 
Virginia 25183.
    Mine: Mountaineer II Mine, MSHA I.D. No. 46-09029, located in Logan 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of nonpermissible electronic low-voltage or battery-
powered nonpermissible electronic hand-held drill equipment within 150 
feet of pillar workings or longwall faces.
    The petitioner states that:
    (1) Nonpermissible electronic low-voltage or battery-powered 
nonpermissible electronic equipment will be limited to hand-held drill 
equipment.
    (2) All other hand-held drill equipment used within 150 feet of 
pillar workings or longwall faces will be permissible.
    (3) Other hand-held drill equipment may be used if approved in 
advance by the MSHA District Manager.
    (4) All nonpermissible low-voltage or battery-powered 
nonpermissible hand-held equipment to be used within 150 feet of pillar 
workings or longwall faces will be examined prior to use by a certified 
person to ensure equipment is being maintained in a safe operating 
condition.
    (5) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (6) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible hand-held drill equipment within 150 feet of pillar 
workings or longwall faces.
    (7) Nonpermissible hand-held drill equipment will not be used if 
methane is detected in concentrations at or above 1.0 percent. When 
methane is detected at such level while the nonpermissible hand-held 
drill equipment is being used, the equipment will be deenergized 
immediately and withdrawn further than 150 feet of pillar workings or 
longwall faces.
    (8) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (9) Coal production will cease in the entry or crosscut where the 
drill is in use. Accumulations of coal and combustible materials 
referenced in 30 CFR 75.400 will be removed before drilling begins to 
provide additional safety to miners.
    (10) Nonpermissible electronic hand-held drill equipment will not 
be used when float coal dust is in suspension.
    (11) All hand-held drill equipment will be used in accordance with 
the manufacturer's recommended safe use procedures.
    (12) Qualified personnel who use nonpermissible hand-held drill 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of such equipment in areas where 
methane could be present.
    (13) The nonpermissible electronic hand-held drill equipment will 
not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all of the above 
terms and conditions.
    (14) Cables supplying power to low-voltage hand-held drill 
equipment will only be used when permissible hand-held drill equipment 
is not available.
    Within 60 days after the Proposed Decision and Order (PDO) becomes 
final, the petitioner will submit proposed revisions for its Part 48 
training plan to the District Manager. These revisions will specify 
initial and refresher training regarding the terms and conditions in 
the PDO.
    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. 2018-08408 Filed 4-20-18; 8:45 am]
 BILLING CODE 4520-43-P