Petitions for Modification of Application of Existing Mandatory Safety Standards, 70196-70198 [2020-24397]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70196-70198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24397]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of four 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 December 4, 2020.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Roslyn B. Fontaine, Deputy 
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: Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9557 (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 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. 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 for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2020-017-C.
    Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200, 
Johnstown, PA 15904.
    Mine: Rustic Ridge No. 1 Mine, MSHA I.D. No. 36-10089, located in 
Westmoreland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner's alternative approach to 30 
CFR 75.503 will allow for No. 2 AWG, 900-foot extended trailing cables 
on roof bolters. The petitioner requests a modification of the existing 
standard to permit an alternative method that will provide no less a 
degree of safety than that provided by the standard.
    The petitioner states that:
    (a) The petitioner is submitting a petition to use No. 2 AWG, 900-
foot extended trailing cables for roof bolters to allow for access to 
the end of 600-foot room panels without having to move power.
    (b) 30 CFR 75.333 allows temporary ventilation controls in mining 
rooms that are 600 feet in length. The petitioner is applying to use 
extended trailing cables to mine to the end of the 600-foot room, set 
for 2-3 shifts, without needing to move power. Coal seams at this mine 
average 42 inches to 48 inches, not having to move the power source 
limits the handling of cables. This will be safer and reduce physical 
injuries to miners such as muscle strain, shoulder, and back injuries. 
Additionally, this will limit the exposure of miners to electrical 
hazards.
    (c) The petition applies to trailing cables, supplying 480 AC volt, 
three phase, alternating the roof bolting machine; the extended length 
trailing cable will be No. 2 AWG, three conductor round cable and are 
not to exceed 900 feet in length, with a 90 degree C insulation of 
either Type G-GC, Type G, Type G+GC.
    (d) The components for short circuit protection will have 
interruption ratings that are in accordance with the maximum calculated 
fault currents available. Circuit breakers (including both in service 
and replacement) protecting No. 2 AWG extended trailing cables will 
have instantaneous trip units calibrated to trip at 649 amps. The 
breaker provider, Global Mine Service, has verified breaker settings, 
which are sealed and the settings cannot be altered. Permanent legible 
labels will be attached to the circuit breaker, identifying it as able 
to protect the trailing cables and maintained in such condition. The 
labels will let miners know that they should not change or alter sealed 
short circuit settings.
    (e) The lowered trip setting for circuit breakers, 649 amps for 900 
feet of #2 AWG cables, requested in this petitioner will be safer than 
the cable allowed in Table 8 and 9 of Part 18, which is for 800 amps 
for 700 feet of #2 AWG cable.
    (f) Daily inspections, labeling of circuit breakers, training 
before and after implementation, will allow for safety equal to 30 CFR 
75.503, as required.
    The petitioner proposes the following:
    (a) The trailing cables will be visually examined each production 
day by a person designated by the petitioner, to ensure that they are 
in safe operating

[[Page 70197]]

condition. If they are not in safe operating condition, they will not 
be used until properly repaired or removed. The instantaneous settings 
for the specially calibrated breakers will be checked to make sure that 
seals are not removed, tampered with, or do not exceed stipulated 
settings.
    (b) Miner safety will be increased because of examinations of the 
breakers and trailing cables, ensuring that they are in safe condition. 
If any trailing cable is not in safe condition, it will not be used 
until repaired or removed from service. Instantaneous settings for 
specially calibrated breakers will be examined to ensure make sure that 
seals have not been removed, tampered with, or are beyond stipulated 
settings.
    (c) Splices and repairs to the trailing cables for roof bolting 
machines will be conducted properly and according to instructions of 
the manufacturer of splicing and repair materials, which will comply 
with 30 CFR 75.603 and 75.604.
    (d) Haulage roads and trailing cable storage areas will be 
situated, as an additional precaution, to lessen contact between the 
trailing cable with scoops, shuttle cars, and roof bolting machines (as 
in 30 CFR 75.606). Trailing cable anchors on cable reel equipment will 
be permanent, minimizing tensile forces on the trailing cables.
    (e) Only enough cable will be on the cable reel to operate the 
current production shift in order to limit heat, and excess cable will 
be kept behind the anchor(s) on equipment that uses cable reels, 
preventing cable overheating.
    (f) The petitioner's alternative method will not be conducted until 
all miners designated to examine the seals, verify short-circuit 
settings, and examine trailing cables for defects have received 
training.
    (g) Listed equipment in this petition (No. 2 AWG, 900-foot extended 
trailing cables, short circuit interrupting devices, and circuit 
breakers) will comply with the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 75.
    (h) The petitioner plans to submit to the District Manager 
revisions to 30 CFR part 48 training plan approved for this mine. 
Revisions will note specific training tasks for miners examining 
trailing cables and safe operating conditions. Training will include:
    (1) hazards associated with setting the circuit interrupting 
devices too high to protect trailing cables;
    (2) verifying that circuit interrupting devices are properly set 
and maintained, to protect trailing cables;
    (3) mining and operating procedures to ensure that trailing cables 
are not damaged;
    (4) protecting trailing cables against damage by overheating, 
excessive cable storing on cable reels, and adjusting cable stored 
behind cable anchors when tramming distances change; and
    (5) procedures to visually examine trailing cables so that they are 
in safe operating condition (examinations include inspecting the cable, 
observing insulation, integrity of splices, nicks, and abrasions).
    (i) Equipment in this petition will comply with the Federal Mine 
and Health Act of 1877 and 30 CFR 75, where applicable.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.

    Docket Number: M-2020-029-C.
    Petitioner: Canyon Fuel Company, LLC, 597 South SR 24, Salina, UT 
84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.500 (Permissible electric 
equipment).
    Modification Request: The petitioner is applying to use various 
non-MSHA approved Powered Air Purifying Respirators (PAPRs) equipment 
in lieu of the current standard, in or inby the last open crosscut.
    The petitioner states that:
    (a) The modification to the current standard is requested to allow 
for an alternative method of respiratory protection for longwall 
miners.
    (b) The current 3M Airstream PAPR, the Mining Headgear-Mounted 
model, is approved by MSHA but is being discontinued by the 
manufacturer, 3M. The 3M Airstream model allows for constantly filtered 
air to flow, reducing exposure to respirable dust. There are no other 
MSHA-approved PAPRs.
    (c) The petitioner is applying to allow for non-MSHA approved PAPRs 
to protect miners from exposure to respirable dust during regular 
mining operations in or inby the last open crosscut.
    (d) This petition will allow longwall miners to use PAPRs in MMU 
001-0 and MMU 007-0, giving miners the opportunity to reduce dust 
exposure, decreasing health risks.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (c) The petitioner proposes using the following intrinsically safe 
models:
    (1) CleanSpace EX--full or half mask;
    (2) CleaSpace2--Full or half mask, this is NIOSH approved and 
intrinsically safe;
    (3) 3M Versaflo TR-800--certified under ANSI/UL 60079-11 standard 
for hazardous locations, it is intrinsically safe; and
    (4) Non-battery powered 3M Ultimate FX full facepiece respirator 
mask.
    (b) CleanSpace respirators use an air filtering, fan assisted 
pressure mask, which can be used in high dust environments. They are 
light and compact, require no servicing, are intrinsically safe, and 
have few parts. The 3M Versaflo TR-800 allows for increased movement in 
tight spaces, while protecting against airborne contaminates. It is 
easy to use, has interchangeable components for specific application, 
is intrinsically safe, has audible and visual alarms, multi-speed 
blower, long battery run times, charges quickly and is ANSI/UL 60079-11 
certified, allowing it to be used in hazardous locations. The 3M 
Ultimate FX respirator utilizes a scotchguard protection lens, allowing 
liquids to bead up and be removed easily, a large lens provides 
visibility, it is comfortable and easy to use, the 3M cool flow valve 
allows for easier breathing, and particle filters help filter out 
various particulates.
    (c) When not in operation, batteries for the PAPR models will be 
charged outby the last open crosscut.
    (d) The following battery charger products will be used: 3M battery 
charger TR-641N or 3M 4-station battery charger TR-644-N.
    (e) The 3M Versaflo TR-800 PAPR will exclusively use the 3M TR-830 
battery pack.
    (f) Miners will be trained on how to safely use and take care of 
PAPR units, per manufacturer instructions.
    (g) The above instruments will be assessed for physical damage as 
well as the integrity of the case.
    (h) If methane levels go above 1.0 percent, 30 CFR 57.22234 
procedures will be followed.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.

    Docket Number: M-2020-030-C.
    Petitioner: Canyon Fuel Company, LLC, 597 South SR 24, Salina, UT 
84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.507-1 (Electric equipment other than 
power-connection points; outby the last open crosscut; return air; 
permissibility requirements).

[[Page 70198]]

    Modification Request: The petitioner is applying to use various 
non-MSHA approved Powered Air Purifying Respirators (PAPRs) equipment 
in lieu of the current standard, in return air and outby the last open 
crosscut.
    The petitioner states that:
    (a) The modification to the current standard is requested to allow 
for an alternative method of respiratory protection for longwall 
miners.
    (b) The current 3M Airstream PAPR, the Mining Headgear-Mounted 
model, is approved by MSHA but is being discontinued by the 
manufacturer, 3M. The 3M Airstream model allows for constantly filtered 
air to flow, reducing exposure to respirable dust. There are no other 
MSHA-approved PAPRs.
    (c) The petitioner is applying to allow for non-MSHA approved PAPRs 
to protect miners from exposure to respirable dust during regular 
mining operations in return air and outby the last open crosscut.
    (d) This petition will allow longwall miners to use PAPRs in MMU 
001-0 and MMU 007-0, giving miners the opportunity to reduce dust 
exposure, decreasing health risks.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (d) The petitioner proposes using the following intrinsically safe 
models:
    (5) CleanSpace EX--full or half mask;
    (6) CleaSpace2--Full or half mask, this is NIOSH approved and 
intrinsically safe;
    (7) 3M Versaflo TR-800--certified under ANSI/UL 60079-11 standard 
for hazardous locations, it is intrinsically safe; and
    (8) Non-battery powered 3M Ultimate FX full facepiece respirator 
mask.
    (b) CleanSpace respirators use an air filtering, fan assisted 
pressure mask, which can be used in high dust environments. They are 
light and compact, require no services, are intrinsically safe, and 
have few parts. The 3M Versaflo TR-800 allows for increased movement in 
tight spaces, while protecting against airborne contaminates. It is 
easy to use, has interchangeable components for specific application, 
is intrinsically safe, has audible and visual alarms, multi-speed 
blower, long battery run times, charges quickly and is ANSI/UL 60079-11 
certified, allowing it to be used in hazardous locations. The 3M 
Ultimate FX respirator utilizes a scotchguard protection lens, allowing 
liquids to bead up and be removed easily, a large lens provides 
visibility, it is comfortable and easy to use, the 3M cool flow valve 
allows for easier breathing, and particle filters help filter out 
various particulates.
    (c) When not in operation, batteries for the PAPR models will be 
charged outby the last open crosscut.
    (d) The following battery charger products will be used: 3M battery 
charger TR-641N or 3M 4-station battery charger TR-644-N.
    (e) The 3M Versaflo TR-800 PAPR will exclusively use the 3M TR-830 
battery pack.
    (f) Miners will be trained on how to safely use and take care of 
PAPR units, per manufacturer instructions.
    (g) The above instruments will be assessed for physical damage as 
well as the integrity of the case.
    (h) If methane levels go above 1.0 percent, 30 CFR 57.22234 
procedures will be followed.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.

    Docket Number: M-2020-031-C.
    Petitioner: Kimmel's Mining, Inc., 1744 E Grand Ave, Tower City, PA 
17980.
    Mine: Williamstown Mine No. 1, MSHA I.D. No. 36-09435, located in 
Dauphin County, PA.
    Regulation Affected: 30 CFR 75.1506(c)(1) (Refuge alternatives).
    Modification Request: The petitioner, which operates an anthracite 
mine, is requesting an alternative method to 30 CFR 75.1506(c)(1), 
based on the specific factors of the petitioner's mining operations. 
The alternative would provide no less than the same measure of 
protection afforded by the existing standard.
    The petitioner states that:
    (a) Due to the anthracite mining operations at Williamstown Mine 
No. 1, the petitioner is requesting an alternative to 30 CFR 
75.1506(c)(1). The modification application is to allow miners to work 
and travel over 2,000 feet from the working face to the hoist mantrip.
    As an alternative to the existing standard, the petitioner states 
the following:
    (a) By foot, miners are less than 30 minutes from the working face 
and less than 10 minutes from the bottom of the slope.
    (b) The mine does not have any seals.
    (c) There is no history of detectable methane gas or oxygen 
deficient atmospheres at this mine.
    (d) Anthracite coal mining is low in volatility, meaning rock dust 
is not applied in any anthracite underground mine.
    (e) 30 pound fire extinguishers are kept at the working section, at 
all times.
    (f) Wooden posts are used as the primary roof support, which are 
spaced on five foot centers. The coal seam mined has a thickness that 
is on average 36 to 42 inches. This makes it difficult to move a refuge 
structure. Moving such a prefabricated structure would cause damage to 
the structure, due to the type of roof support at this mine.
    (g) The mine does not pump water and is located above the mine 
pool.
    (h) There are over two escapeway portals to the surface at this 
mine.
    (i) A drag run by a motor is the only mechanical equipment at the 
mine.
    (j) The petitioner asserts that the proposed alternative method 
will at all times guarantee no less than the same measure of protection 
afforded by the standard.

Roslyn Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-24397 Filed 11-3-20; 8:45 am]
BILLING CODE 4520-43-P