Petitions for Modification of Application of Existing Mandatory Safety Standard, 43820-43823 [2019-18097]
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Federal Register / Vol. 84, No. 163 / Thursday, August 22, 2019 / Notices
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
purposes of this Investigation may be
disclosed to and used: (i) By the
Commission, its employees and Offices,
and contract personnel (a) for
developing or maintaining the records
of this or a related proceeding, or (b) in
internal investigations, audits, reviews,
and evaluations relating to the
programs, personnel, and operations of
the Commission including under 5
U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract
personnel,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: August 19, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–18114 Filed 8–21–19; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1122]
Certain Convertible Sofas and
Components Thereof; Commission
Determination Not To Review the Final
Initial Determination Finding No
Violation of Section 337; Termination
of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission (the ‘‘Commission’’) has
determined not to review the final
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
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initial determination (‘‘ID’’) in the
above-captioned investigation finding
no violation of Section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C. 337
(‘‘Section 337’’). The investigation is
hereby terminated.
FOR FURTHER INFORMATION CONTACT: Carl
P. Bretscher, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2382. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
internet server (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
Electronic Docket Information System
(‘‘EDIS’’) (https://edis.usitc.gov).
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal, telephone
(202) 205–1810.
SUPPLEMENTARY INFORMATION: On July
13, 2018, the Commission instituted the
present investigation based on a
complaint filed by Sauder
Manufacturing Co. of Archbold, Ohio.
83 FR 32686 (July 13, 2018). The
complaint alleges a violation of Section
337 has occurred through the
importation into the United States, sale
for importation, and sale within the
United States after importation of
certain convertible sofas that
purportedly infringe Sauder’s U.S.
Design Patent No. D716,576 (‘‘the D’576
patent’’). Id. The Commission’s notice of
investigation named Krug, Inc. (‘‘Krug’’)
of Kitchener, Ontario, Canada, as the
sole respondent. Id. The Office of Unfair
Import Investigations was not named as
a party. Id.
The presiding administrative law
judge (‘‘ALJ’’) set the target date for
completion of this investigation for
November 13, 2019 (16 months). Order
No. 3 (July 27, 2018). The ALJ
scheduled the evidentiary hearing for
March 18–22, 2019 and the deadline for
issuing the final ID for July 12, 2019.
Order No. 4 (Aug. 3, 2018). The parties,
in response to an inquiry from the ALJ,
subsequently agreed that the issues in
this investigation could be resolved
with a hearing on the briefs rather than
a live evidentiary hearing. See Joint
Statement Stipulating to a Hearing on
the Briefs and Corresponding Proposed
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Procedural Schedule (Nov. 9, 2018). The
ALJ adopted their recommendations,
with some revisions, and scheduled a
hearing for March 19, 2019, to hear the
parties’ arguments on their submissions.
Order No. 5 (Nov. 19, 2018). The ALJ
did not change the deadline for issuing
the final ID or the target date for
completion of the investigation. Id.
On July 12, 2019, the ALJ issued the
final ID, which finds that: (1) The
accused Krug convertible sofas do not
infringe the D’576 patent; (2)
prosecution history estoppel bars
Sauder from accusing Krug sofas with
soft top arms of infringing the D’576
patent; and (3) the D’576 patent claim is
invalid under 35 U.S.C. 112 for lack of
written description. ID at 18, 34, 54, 58.
The ID concludes that importation of
the accused Krug products does not
violate Section 337. Id. at 1, 58.
No party filed a petition to review the
subject ID. The Commission has
determined not to review the subject ID.
The investigation is hereby terminated.
The authority for the Commission’s
determination is contained in Section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
Issued: August 19, 2019.
By order of the Commission.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019–18115 Filed 8–21–19; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standard
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
SUMMARY: This notice is a summary of
petition for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the parties
listed below.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before September 23, 2019.
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
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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 a copy 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:
Sheila McConnell, Office of Standards,
Regulations, and Variances at 202–693–
9447 (voice), mcconnell.sheila.a@
dol.gov (email), or 202–693–9440 (fax).
[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
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–2019–021–C.
Petitioner: Monongalia County Coal
Company, P.O. Box 72, Brave,
Pennsylvania 15316.
Mine: Monongalia County Mine,
MSHA I.D. No. 46–01968, located in
Monongalia County, West Virginia.
Regulation Affected: 30 CFR 75.503
(Permissible electric face equipment;
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maintenance) and 18.35(a)(5)(i)
(Portable (trailing) cables and cords).
Modification Request: The petitioner
seeks modification of the existing
standard to permit trailing cable lengths
of up to 1,000 feet in all sections.
The petitioner states that:
(1) The petitioner is developing
longwall panels (gate sections) as part of
a continuing mining cycle. The longwall
development panels consist of a three or
four entry system with a maximum of
300-foot blocks to improve roof and
abutment pressure control during
longwall mining. Petitioner states that
ventilation is also improved by limiting
the number of stoppings, which have a
built-in ventilation pressure loss factor.
Additionally, pillar stability is increased
due to the increased block sizes
associated with the necessity of longer
trailing cables. There is a need for cable
lengths greater than 600, 700, or 800 feet
for this development system.
(2) The petitioner is also developing
mains and submains sections as part of
a continuing mining cycle. These
sections consist of a six to eight entry
system with a maximum of 300-foot
blocks to improve roof and abutment
pressure control during longwall
mining. Petitioner states that ventilation
is also improved by limiting the number
of stoppings, which have a built-in
ventilation pressure loss factor.
Additionally, pillar stability is increased
due to the increased block sizes
associated with the necessity of longer
trailing cables. There is a need for cable
lengths greater than 600, 700, or 850 feet
for this development system.
(3) The need to add additional
electrical components such as
distribution boxes and/or electrical
connections throughout the section to
achieve required cable length is
decreased.
(4) Provided with this petition is a
summary of short-circuit calculations
justifying the instantaneous trip setting
for the circuit breakers protecting the
trailing cables supplying power to
continuous mining section machines in
the Monongalia County Mine.
(5) As an alternative to specific
compliance with 30 CFR 75.503, (18.35),
the petitioner proposes the following:
—The petition applies only to trailing
cable supplying three-phase, 995-volt
power to continuous mining
machines and trailing cable supplying
three-phase, 575-volt power to
loading machines, shuttle cars,
roofbolters, section ventilation fans,
and de-gas drills.
—The maximum length of the 995- and
575-volt trailing cables will be 1,000
feet.
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—The 995-volt continuous mining
machine trailing cables will not be
smaller than 2/0. The 575-volt trailing
cables for loading machines, small
roof bolters, de-gas drills, and section
ventilation fans will not be smaller
than No. 2 American Wire Gauge
(AWG). The 575-volt large roof bolters
and AC shuttle car trailing cables will
not be smaller than No. 4 AWG.
—All circuit breakers used to protect
2/0 trailing cables exceeding 850 feet
in length will have instantaneous trip
units calibrated to trip at 1,500
amperes. The trip setting of these
circuit breakers will be sealed or
locked, and will have a permanent,
legible labels. Each label will identify
the circuit breaker as being suitable
for protecting 2/0 cables. The label
will be maintained to be legible.
—Replacement instantaneous trip units
used to protect 2/0 trailing cables will
be calibrated to trip at 1,500 amperes
and this setting will be sealed or
locked.
—All circuit breakers used to protect
No. 2 AWG trailing cables exceeding
700 feet in length will have
instantaneous trip units calibrated to
trip at 800 amperes. The trip setting
of these circuit breakers will be sealed
or locked, and will have permanent,
legible labels. Each label will identify
the circuit breaker as being suitable
for protecting No. 2 AWG cables. The
label will be maintained to be legible.
—Replacement instantaneous trip units
used to protect No. 2 AWG trailing
cables will be calibrated to trip at 800
amperes and this setting will be
sealed or locked.
—All circuit breakers used to protect
No. 4 AWG trailing cables exceeding
600 feet in length will have
instantaneous trip units calibrated to
trip at 500 amperes. The trip setting
of these circuit breakers will be sealed
or locked, and will have permanent,
legible labels. Each label will identify
the circuit breaker as being suitable
for protecting No. 4 AWG cables. The
label will be maintained to be legible.
—Replacement instantaneous trip units
used to protect No. 4 AWG trailing
cables, will be calibrated to trip at 500
amperes and this setting will be
sealed or locked.
—At the beginning of each production
shift, persons designated by the
operator will visually examine the
trailing cables to ensure that the
cables are in safe operating 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 settings
stipulated in Paragraphs items 3, 4,
and 5, under Item No. 5.
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—Any trailing cable that is not in safe
operating condition will be removed
from service immediately and
repaired or replaced.
—Each splice or repair in the trailing
cables will be made in a workmanlike
manner and in accordance with the
instructions of the manufacturer of
the splice or repair materials. The
outer jacket of each splice or repair
will be vulcanized with flameresistant material or made with
material that has been accepted by
MSHA as flame-resistant.
—In the event the mining methods 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 in the future the cable
is protected and maintained in safe
operating condition.
—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 protection
device. These labels will warn miners
not to change or alter the short-circuit
settings.
—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 procedures for examining
trailing cables for defects and damage
have received all the elements of
training specified in this petition.
—Within 60 days after the proposed
decision and order becomes final, the
petitioner will submit proposed
revisions for the approved 30 CFR
part 48 training plan to the District
Manager. The training will include
the following elements:
a. Mining methods and operating
procedures that will protect the trailing
cables against damage;
b. The proper procedures for
examining trailing cables to ensure the
cables are in safe operating condition;
c. The hazards of setting the circuit
breakers too high to adequately protect
the trailing cables; and
d. How to verify that the circuit
interrupting device(s) protecting the
trailing cable(s) are properly set and
maintained.
The procedure as specified in 30 CFR
48.3 for approval of proposed revisions
to already approved training plans will
apply.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
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measure of protection afforded by the
existing standard.
Docket Number: M–2019–022–C.
Petitioner: Sunrise Coal, LLC, 12661 N
Agricare Road, Oaktown, Indiana 47561.
Mine: Oaktown Fuels No. 1, MSHA
I.D. No. 12–02394, located in Knox
County, Indiana.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of
nonpermissible, low-voltage or batterypowered electronic testing and
diagnostic equipment in or inby the last
open crosscut.
The petitioner states that:
(1) The nonpermissible, low-voltage
or battery-powered electronic testing
and diagnostic equipment to be used
includes laptop computers;
oscilloscopes; vibration analysis
machines; cable fault detectors; point
temperature and distance probes,
infrared temperature devices; insulation
testers; voltage, current, and resistance
meters and power testers; electronic
tachometers, signal analyzer and
ultrasonic measuring devices; and other
similar testing and diagnostic
equipment.
(2) All nonpermissible, low-voltage or
battery-powered electronic testing and
diagnostic equipment to be used in or
inby the last open crosscut will be
examined prior to use by a certified
person, as defined in 30 CFR 75.153, to
ensure equipment is being maintained
in a safe operating condition.
(3) The examinations of the
nonpermissible, low-voltage or batterypowered electronic testing and
diagnostic equipment will include:
—Inspecting the contact points to
ensure a secure connection to the
battery;
—Reinserting the battery and powering
up and shutting down to ensure
proper connections; and
—Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
(4) The results of such inspections
will be recorded in the examination
book prior to the equipment being used
underground and will be made available
to MSHA and the miners at the mine, on
request.
(5) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible,
low-voltage or battery-powered
electronic testing and diagnostic
equipment in or inby the last open
crosscut.
(6) Nonpermissible, low-voltage or
battery-powered electronic testing and
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diagnostic equipment will not be used
if methane is detected in concentrations
at or above one percent. When a one
percent or more methane concentration
is detected while the nonpermissible,
low-voltage or battery-powered
electronic testing and diagnostic
equipment is being used, the equipment
will be deenergized immediately and
withdrawn outby the last open crosscut.
(7) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition.
(8) All electronic testing and
diagnostic equipment will be used in
accordance with the manufacturer’s
recommendations.
(9) Qualified personnel engaged in the
use of electronic testing and diagnostic
equipment will be trained to recognize
the hazards and limitations associated
with the use of such equipment.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2019–023–C.
Petitioner: Sunrise Coal, LLC, 12661 N
Agricare Road, Oaktown, Indiana 47561.
Mine: Oaktown Fuels No. 2, MSHA
I.D. No. 12–02418, located in Knox
County, Indiana.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of
nonpermissible, low-voltage or batterypowered electronic testing and
diagnostic equipment in or inby the last
open crosscut.
The petitioner states that:
(1) The nonpermissible, low-voltage
or battery-powered electronic testing
and diagnostic equipment to be used
includes laptop computers;
oscilloscopes; vibration analysis
machines; cable fault detectors; point
temperature and distance probes,
infrared temperature devices; insulation
testers; voltage, current, and resistance
meters and power testers; electronic
tachometers, signal analyzer and
ultrasonic measuring devices; and other
similar testing and diagnostic
equipment.
(2) All nonpermissible, low-voltage or
battery-powered electronic testing and
diagnostic equipment to be used in or
inby the last open crosscut will be
examined prior to use by a certified
person, as defined in 30 CFR 75.153, to
ensure equipment is being maintained
in a safe operating condition.
(3) The examinations of the
nonpermissible, low-voltage or battery-
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powered electronic testing and
diagnostic equipment will include:
NATIONAL SCIENCE FOUNDATION
—Checking the instrument for any
physical damage and the integrity of
the case;
—Removing the battery and inspecting
for corrosion;
—Inspecting the contact points to
ensure a secure connection to the
battery;
—Reinserting the battery and powering
up and shutting down to ensure
proper connections; and
—Checking the battery compartment
cover or battery attachment to ensure
that it is securely fastened.
Astronomy and Astrophysics Advisory
Committee; Notice of Meeting
(4) The results of such inspections
will be recorded in the examination
book prior to the equipment being used
underground and will be made available
to MSHA and the miners at the mine, on
request.
(5) A qualified person, as defined in
30 CFR 75.151, will continuously
monitor for methane immediately before
and during the use of nonpermissible,
low-voltage or battery-powered
electronic testing and diagnostic
equipment in or inby the last open
crosscut.
(6) Nonpermissible, low-voltage or
battery-powered electronic testing and
diagnostic equipment will not be used
if methane is detected in concentrations
at or above one percent. When a one
percent or more methane concentration
is detected while the nonpermissible,
low-voltage or battery-powered
electronic testing and diagnostic
equipment is being used, the equipment
will be deenergized immediately and
withdrawn outby the last open crosscut.
(7) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition.
(8) All electronic testing and
diagnostic equipment will be used in
accordance with the manufacturer’s
recommendations.
(9) Qualified personnel engaged in the
use of electronic testing and diagnostic
equipment will be trained to recognize
the hazards and limitations associated
with the use of such equipment.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation (NSF) announces the
following meeting:
Name and Committee Code:
Astronomy and Astrophysics Advisory
Committee (#13883).
Date and Time: September 26, 2019;
9:00 a.m.–5:00 p.m.; September 27,
2019; 9:00 a.m.–12:00 p.m.
Place: National Science Foundation,
2415 Eisenhower Avenue, Alexandria,
VA 22314, Room E2020.
Type of Meeting: Open.
Attendance information for the
meeting will be forthcoming on the
website: https://www.nsf.gov/mps/ast/
aaac.jsp.
Contact Person: Dr. Christopher
Davis, Program Director, Division of
Astronomical Sciences, Suite W 9136;
National Science Foundation, 2415
Eisenhower Avenue, Alexandria, VA
22314; Telephone: 703–292–4910.
Purpose of Meeting: To provide
advice and recommendations to the
National Science Foundation (NSF), the
National Aeronautics and Space
Administration (NASA) and the U.S.
Department of Energy (DOE) on issues
within the field of astronomy and
astrophysics that are of mutual interest
and concern to the agencies.
Agenda: To hear presentations of
current programming by representatives
from NSF, NASA, DOE and other
agencies relevant to astronomy and
astrophysics; to discuss current and
potential areas of cooperation between
the agencies; to formulate
recommendations for continued and
new areas of cooperation and
mechanisms for achieving them.
Dated: August 19, 2019.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2019–18101 Filed 8–21–19; 8:45 am]
Roslyn Fontaine,
Deputy Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 2019–18097 Filed 8–21–19; 8:45 am]
BILLING CODE 4520–43–P
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–86698; File No. SR–
NYSEArca–2018–83]
Self-Regulatory Organizations; NYSE
Arca, Inc.; Notice of Filing of
Amendment No. 4 and Order Granting
Accelerated Approval of a Proposed
Rule Change, as Modified by
Amendment No. 4, Regarding Changes
to Investments of the iShares
Bloomberg Roll Select Commodity
Strategy ETF
August 16, 2019.
I. Introduction
On December 19, 2018, NYSE Arca,
Inc. (‘‘Exchange’’ or ‘‘NYSE Arca’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’), pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’) 1 and Rule
19b–4 thereunder,2 a proposed rule
change regarding changes to
investments of the iShares Bloomberg
Roll Select Commodity Strategy ETF
(‘‘Fund’’), shares (‘‘Shares’’) of which
are currently listed and traded on the
Exchange under NYSE Arca Rule 8.600–
E. The proposed rule change was
published for comment in the Federal
Register on December 31, 2018.3 On
February 13, 2019, pursuant to Section
19(b)(2) of the Act,4 the Commission
designated a longer period within which
to approve the proposed rule change,
disapprove the proposed rule change, or
institute proceedings to determine
whether to approve or disapprove the
proposed rule change.5 On March 6,
2019, the Exchange filed Amendment
No. 1 to the proposed rule change,
which replaced and superseded the
proposed rule change as originally filed,
and on March 14, 2019, the Exchange
filed Amendment No. 2 to the proposed
rule change, which replaced and
superseded the proposed rule change, as
modified by Amendment No. 1. On
March 21, 2019, the Commission
noticed the proposed rule change, as
modified by Amendment No. 2, and
instituted proceedings under Section
19(b)(2)(B) of the Act 6 to determine
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Securities Exchange Act Release No. 84931
(December 21, 2018), 83 FR 67741.
4 15 U.S.C. 78s(b)(2).
5 See Securities Exchange Act Release No. 85117,
84 FR 5124 (February 20, 2019). The Commission
designated March 31, 2019, as the date by which
the Commission would approve the proposed rule
change, disapprove the proposed rule change, or
institute proceedings to determine whether to
approve or disapprove the proposed rule change.
6 15 U.S.C. 78s(b)(2)(B).
2 17
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]]>Agencies
[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Notices]
[Pages 43820-43823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18097]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions 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 petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before September 23,
2019.
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
[[Page 43821]]
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 a copy 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: Sheila McConnell, Office of Standards,
Regulations, and Variances at 202-693-9447 (voice),
[email protected] (email), or 202-693-9440 (fax). [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 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-2019-021-C.
Petitioner: Monongalia County Coal Company, P.O. Box 72, Brave,
Pennsylvania 15316.
Mine: Monongalia County Mine, MSHA I.D. No. 46-01968, located in
Monongalia County, West Virginia.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables
and cords).
Modification Request: The petitioner seeks modification of the
existing standard to permit trailing cable lengths of up to 1,000 feet
in all sections.
The petitioner states that:
(1) The petitioner is developing longwall panels (gate sections) as
part of a continuing mining cycle. The longwall development panels
consist of a three or four entry system with a maximum of 300-foot
blocks to improve roof and abutment pressure control during longwall
mining. Petitioner states that ventilation is also improved by limiting
the number of stoppings, which have a built-in ventilation pressure
loss factor. Additionally, pillar stability is increased due to the
increased block sizes associated with the necessity of longer trailing
cables. There is a need for cable lengths greater than 600, 700, or 800
feet for this development system.
(2) The petitioner is also developing mains and submains sections
as part of a continuing mining cycle. These sections consist of a six
to eight entry system with a maximum of 300-foot blocks to improve roof
and abutment pressure control during longwall mining. Petitioner states
that ventilation is also improved by limiting the number of stoppings,
which have a built-in ventilation pressure loss factor. Additionally,
pillar stability is increased due to the increased block sizes
associated with the necessity of longer trailing cables. There is a
need for cable lengths greater than 600, 700, or 850 feet for this
development system.
(3) The need to add additional electrical components such as
distribution boxes and/or electrical connections throughout the section
to achieve required cable length is decreased.
(4) Provided with this petition is a summary of short-circuit
calculations justifying the instantaneous trip setting for the circuit
breakers protecting the trailing cables supplying power to continuous
mining section machines in the Monongalia County Mine.
(5) As an alternative to specific compliance with 30 CFR 75.503,
(18.35), the petitioner proposes the following:
--The petition applies only to trailing cable supplying three-phase,
995-volt power to continuous mining machines and trailing cable
supplying three-phase, 575-volt power to loading machines, shuttle
cars, roofbolters, section ventilation fans, and de-gas drills.
--The maximum length of the 995- and 575-volt trailing cables will be
1,000 feet.
--The 995-volt continuous mining machine trailing cables will not be
smaller than 2/0. The 575-volt trailing cables for loading machines,
small roof bolters, de-gas drills, and section ventilation fans will
not be smaller than No. 2 American Wire Gauge (AWG). The 575-volt large
roof bolters and AC shuttle car trailing cables will not be smaller
than No. 4 AWG.
--All circuit breakers used to protect 2/0 trailing cables exceeding
850 feet in length will have instantaneous trip units calibrated to
trip at 1,500 amperes. The trip setting of these circuit breakers will
be sealed or locked, and will have a permanent, legible labels. Each
label will identify the circuit breaker as being suitable for
protecting 2/0 cables. The label will be maintained to be legible.
--Replacement instantaneous trip units used to protect 2/0 trailing
cables will be calibrated to trip at 1,500 amperes and this setting
will be sealed or locked.
--All circuit breakers used to protect No. 2 AWG trailing cables
exceeding 700 feet in length will have instantaneous trip units
calibrated to trip at 800 amperes. The trip setting of these circuit
breakers will be sealed or locked, and will have permanent, legible
labels. Each label will identify the circuit breaker as being suitable
for protecting No. 2 AWG cables. The label will be maintained to be
legible.
--Replacement instantaneous trip units used to protect No. 2 AWG
trailing cables will be calibrated to trip at 800 amperes and this
setting will be sealed or locked.
--All circuit breakers used to protect No. 4 AWG trailing cables
exceeding 600 feet in length will have instantaneous trip units
calibrated to trip at 500 amperes. The trip setting of these circuit
breakers will be sealed or locked, and will have permanent, legible
labels. Each label will identify the circuit breaker as being suitable
for protecting No. 4 AWG cables. The label will be maintained to be
legible.
--Replacement instantaneous trip units used to protect No. 4 AWG
trailing cables, will be calibrated to trip at 500 amperes and this
setting will be sealed or locked.
--At the beginning of each production shift, persons designated by the
operator will visually examine the trailing cables to ensure that the
cables are in safe operating 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 settings stipulated in
Paragraphs items 3, 4, and 5, under Item No. 5.
[[Page 43822]]
--Any trailing cable that is not in safe operating condition will be
removed from service immediately and repaired or replaced.
--Each splice or repair in the trailing cables will be made in a
workmanlike manner and in accordance with the instructions of the
manufacturer of the splice or repair materials. 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.
--In the event the mining methods 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 in the future the
cable is protected and maintained in safe operating condition.
--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 protection device. These labels will warn miners
not to change or alter the short-circuit settings.
--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 procedures
for examining trailing cables for defects and damage have received all
the elements of training specified in this petition.
--Within 60 days after the proposed decision and order becomes final,
the petitioner will submit proposed revisions for the approved 30 CFR
part 48 training plan to the District Manager. The training will
include the following elements:
a. Mining methods and operating procedures that will protect the
trailing cables against damage;
b. The proper procedures for examining trailing cables to ensure
the cables are in safe operating condition;
c. The hazards of setting the circuit breakers too high to
adequately protect the trailing cables; and
d. How to verify that the circuit interrupting device(s) protecting
the trailing cable(s) are properly set and maintained.
The procedure as specified in 30 CFR 48.3 for approval of proposed
revisions to already approved training plans will apply.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-022-C.
Petitioner: Sunrise Coal, LLC, 12661 N Agricare Road, Oaktown,
Indiana 47561.
Mine: Oaktown Fuels No. 1, MSHA I.D. No. 12-02394, located in Knox
County, Indiana.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of nonpermissible, low-voltage or
battery-powered electronic testing and diagnostic equipment in or inby
the last open crosscut.
The petitioner states that:
(1) The nonpermissible, low-voltage or battery-powered electronic
testing and diagnostic equipment to be used includes laptop computers;
oscilloscopes; vibration analysis machines; cable fault detectors;
point temperature and distance probes, infrared temperature devices;
insulation testers; voltage, current, and resistance meters and power
testers; electronic tachometers, signal analyzer and ultrasonic
measuring devices; and other similar testing and diagnostic equipment.
(2) All nonpermissible, low-voltage or battery-powered electronic
testing and diagnostic equipment to be used in or inby the last open
crosscut will be examined prior to use by a certified person, as
defined in 30 CFR 75.153, to ensure equipment is being maintained in a
safe operating condition.
(3) The examinations of the nonpermissible, low-voltage or battery-
powered electronic testing and diagnostic equipment will include:
--Inspecting the contact points to ensure a secure connection to the
battery;
--Reinserting the battery and powering up and shutting down to ensure
proper connections; and
--Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(4) The results of such inspections will be recorded in the
examination book prior to the equipment being used underground and will
be made available to MSHA and the miners at the mine, on request.
(5) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible, low-voltage or battery-powered electronic testing
and diagnostic equipment in or inby the last open crosscut.
(6) Nonpermissible, low-voltage or battery-powered electronic
testing and diagnostic equipment will not be used if methane is
detected in concentrations at or above one percent. When a one percent
or more methane concentration is detected while the nonpermissible,
low-voltage or battery-powered electronic testing and diagnostic
equipment is being used, the equipment will be deenergized immediately
and withdrawn outby the last open crosscut.
(7) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition.
(8) All electronic testing and diagnostic equipment will be used in
accordance with the manufacturer's recommendations.
(9) Qualified personnel engaged in the use of electronic testing
and diagnostic equipment will be trained to recognize the hazards and
limitations associated with the use of such equipment.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2019-023-C.
Petitioner: Sunrise Coal, LLC, 12661 N Agricare Road, Oaktown,
Indiana 47561.
Mine: Oaktown Fuels No. 2, MSHA I.D. No. 12-02418, located in Knox
County, Indiana.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of nonpermissible, low-voltage or
battery-powered electronic testing and diagnostic equipment in or inby
the last open crosscut.
The petitioner states that:
(1) The nonpermissible, low-voltage or battery-powered electronic
testing and diagnostic equipment to be used includes laptop computers;
oscilloscopes; vibration analysis machines; cable fault detectors;
point temperature and distance probes, infrared temperature devices;
insulation testers; voltage, current, and resistance meters and power
testers; electronic tachometers, signal analyzer and ultrasonic
measuring devices; and other similar testing and diagnostic equipment.
(2) All nonpermissible, low-voltage or battery-powered electronic
testing and diagnostic equipment to be used in or inby the last open
crosscut will be examined prior to use by a certified person, as
defined in 30 CFR 75.153, to ensure equipment is being maintained in a
safe operating condition.
(3) The examinations of the nonpermissible, low-voltage or battery-
[[Page 43823]]
powered electronic testing and diagnostic equipment will include:
--Checking the instrument for any physical damage and the integrity of
the case;
--Removing the battery and inspecting for corrosion;
--Inspecting the contact points to ensure a secure connection to the
battery;
--Reinserting the battery and powering up and shutting down to ensure
proper connections; and
--Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(4) The results of such inspections will be recorded in the
examination book prior to the equipment being used underground and will
be made available to MSHA and the miners at the mine, on request.
(5) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible, low-voltage or battery-powered electronic testing
and diagnostic equipment in or inby the last open crosscut.
(6) Nonpermissible, low-voltage or battery-powered electronic
testing and diagnostic equipment will not be used if methane is
detected in concentrations at or above one percent. When a one percent
or more methane concentration is detected while the nonpermissible,
low-voltage or battery-powered electronic testing and diagnostic
equipment is being used, the equipment will be deenergized immediately
and withdrawn outby the last open crosscut.
(7) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition.
(8) All electronic testing and diagnostic equipment will be used in
accordance with the manufacturer's recommendations.
(9) Qualified personnel engaged in the use of electronic testing
and diagnostic equipment will be trained to recognize the hazards and
limitations associated with the use of such equipment.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Roslyn Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-18097 Filed 8-21-19; 8:45 am]
BILLING CODE 4520-43-P
