Petition for Modification of Application of Existing Mandatory Safety Standards, 16233-16234 [2022-05995]

Download as PDF Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices —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. Overview of This Information Collection (1) Type of Information Collection: Extension of a currently approved collection. (2) Title of the Form/Collection: Annuity Broker Qualification Declaration Form. (3) Agency form number, if any, and the applicable component of the Department sponsoring the collection: U.S. Department of Justice, Civil Division. (4) Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals. Abstract: This declaration is to be submitted annually to determine whether a broker meets the qualifications to be listed as an annuity broker pursuant to Section 111015(b) of Public Law 107–273. (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that 300 respondents will complete the form annually within approximately 1 hour. (6) An estimate of the total public burden (in hours) associated with the collection: The total estimated annual burden hours to complete the certification form is 300 hours. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, Suite 3E.405B, Washington, DC 20530. Dated: March 17, 2022. Melody Braswell, Department Clearance Officer, PRA, U.S. Department of Justice. I. Background [FR Doc. 2022–06044 Filed 3–21–22; 8:45 am] BILLING CODE 4410–12–P DEPARTMENT OF LABOR lotter on DSK11XQN23PROD with NOTICES1 Mine Safety and Health Administration Petition for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: VerDate Sep<11>2014 18:24 Mar 21, 2022 Jkt 256001 This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before April 21, 2022. ADDRESSES: You may submit comments identified by Docket No. MSHA–2022– 0013 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2022–0013. 2. Fax: 202–693–9441. 3. Email: petitioncomments@dol.gov. 4. Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202–5452, Attention: S. Aromie Noe, Acting 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. Before visiting MSHA in person, call 202–693– 9455 to make an appointment, in keeping with the Department of Labor’s COVID–19 policy. Special health precautions may be required. FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, Regulations, and Variances at 202–693– 9440 (voice), Petitionsformodification@ dol.gov (email), or 202–693–9441 (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 (CFR) part 44 govern the application, processing, and disposition of petitions for modification. SUMMARY: 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. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 16233 In addition, §§ 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. II. Petition for Modification Docket Number: M–2022–004–C. Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, West Virginia 26238. Mine: Longview Mine, MSHA ID No. 46–09447, located in Barbour County, West Virginia. Regulation Affected: 30 CFR 18.35(a)(5)(i), Portable (trailing) cables and cords. Modification Request: The petitioner seeks modification of the existing standard to permit 995-volt, 575-volt, and 480-volt trailing cable lengths up to 1,000 feet providing power to section equipment including continuous mining machine, roof bolters, shuttle cars, and auxiliary fans during: Initial bottom development; mains, sub-mains, and three-entry sections development; bleeder and recovery entries development; and mining around gas wells. The petitioner states that: (a) The mine is currently under construction. (b) The mine will utilize the room and pillar and longwall mining methods to extract coal and will employ approximately 375 coal miners. (c) A modification to the existing standard would enhance the safety of the miners by minimizing the number of power center moves, thereby reducing exposure to electrical hazards associated with cable handling. (d) Use of 1,000-foot cables would reduce the chance of a fire on a working section by allowing power centers to be farther from the working face. The petitioner proposes the following alternative method: (a) The maximum length of the 995volt, 575-volt, and 480-volt trailing cables will be 1,000 feet. (b) The section equipment’s trailing cables will not be smaller than No. 6 American Wire Gauge (AWG). At no time will a trailing cable be smaller than specified in the approval documentation for the machine. (c) All circuit breakers used to protect trailing cables exceeding the maximum length specified in 30 CFR 18.35(a)(5)(i) will have instantaneous trip units properly calibrated and adjusted to trip at no more than the smallest of the following values: (1) The setting specified in 30 CFR 75.601–1; (2) the setting specified in the approval documentation for the machine; or E:\FR\FM\22MRN1.SGM 22MRN1 lotter on DSK11XQN23PROD with NOTICES1 16234 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Notices (3) 70 percent of the minimum phaseto-phase short-circuit current available at the end of the trailing cable. (d) The calibrated trip setting of the circuit breakers will be sealed, locked, or protected so that the setting cannot be changed. (e) The circuit breakers will have permanent, legible labels indicating the circuit, cable size, maximum cable length, and the maximum instantaneous trip unit setting. If the trailing cable sizes are intermixed at a section power center, the plugs will be constructed or designed, for example, keyed or sized, to permit only the proper type and length of cable to be plugged into the receptacle with the proper settings. (f) Replacement instantaneous trip units used to protect trailing cables affected by this petition will be calibrated and set in accordance with alternative method item (c). This setting will be sealed, locked, or protected. (g) All components providing shortcircuit protection will have a sufficient interruption rating in accordance with the maximum calculated fault currents available. (h) Any trailing cable not in safe operating condition will be removed from service immediately and repaired or replaced. (i) If the mining methods or operating procedures cause or contribute to trailing cable damage, the cable will be removed from service immediately and repaired or replaced. Additional precautions will be taken to ensure that, in the future, the cable is protected and maintained in safe operating condition. (j) Each trailing cable splice or repair will be made in a workmanlike manner and in accordance with the instructions of the manufacturer of the splice or repair kit. The outer jacket of each splice will be vulcanized with flame resistant material or made with material that has been approved by MSHA as flame resistant. Splices will comply with the requirements of 30 CFR 75.603 and 75.604. (k) At the beginning of each production shift, persons designated by the mine operator will visually examine trailing cables to ensure that they are in safe operating condition. The instantaneous trip unit settings of the specially calibrated circuit breakers will also be visually examined to ensure that the seals or locks have not been removed and that they are set in accordance with alternative method item (c). (l) Permanent warning labels will be installed and maintained on the cover(s) of the power center or distribution box identifying the location of each sealed short-circuit protection device. The VerDate Sep<11>2014 18:24 Mar 21, 2022 Jkt 256001 labels will warn miners not to change or alter the sealed short-circuit settings. (m) This petition will apply to the initial bottom development of the mine, working sections that mine around gas wells, and working sections developing mains, submains, three entry panels, and bleeder and recovery entries. (n) This petition will not be implemented until miners designated to examine the integrity of the seals or locks, to verify the short-circuit settings, and to examine trailing cables for defects and damage have received training. (o) Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its approved part 48 training plan to the District Manager. The proposed revisions will include initial and refresher training regarding compliance with the terms and conditions of the PDO. The petitioner asserts that the alternative method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2022–05995 Filed 3–21–22; 8:45 am] BILLING CODE 4520–43–P Street South, Suite 4E401, Arlington, Virginia 22202–5452. Attention: S. Aromie Noe, Acting 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. Before visiting MSHA in person, call 202–693– 9455 to make an appointment, in keeping with the Department of Labor’s COVID–19 policy. Special health precautions may be required. 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: S. Aromie Noe, Office of Standards, Regulations, and Variances at 202–693– 9440 (voice), petitionsformodification@ dol.gov (email) or 202–693–9441 (facsimile). [These are not toll-free numbers.] Section 101(c) of the Federal Mine Safety and Health Act of 1977 and title 30 of the Code of Federal Regulations (CFR) part 44 govern the application, processing, and disposition of petitions for modification. SUPPLEMENTARY INFORMATION: I. Background DEPARTMENT OF LABOR Mine Safety and Health Administration Petition for Modification of Application of an Existing Mandatory Safety Standard Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: This notice includes the summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before April 21, 2022. ADDRESSES: You may submit comments identified by Docket No. MSHA–2022– 0008 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2022–0008. 2. Fax: 202–693–9441. 3. Email: petitioncomments@dol.gov. 4. Regular Mail or Hand Delivery: MSHA, Office of Standards, Regulations, and Variances, 201 12th SUMMARY: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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. The application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, §§ 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. II. Petition for Modification Docket Number: M–2022–003–C. Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, PA 16201. Mine: Dutch Run Mine, Mine ID No. 36–08701, located in Armstrong County, PA; Parkwood Mine, Mine ID No. 36– 08785, located in Armstrong County, PA; Madison Mine, Mine ID No. 36– 09127, located in Cambria County, PA; E:\FR\FM\22MRN1.SGM 22MRN1

Agencies

[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16233-16234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05995]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition 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 a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before April 21, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0013 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0013.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: S. Aromie Noe, Acting 
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. 
Before visiting MSHA in person, call 202-693-9455 to make an 
appointment, in keeping with the Department of Labor's COVID-19 policy. 
Special health precautions may be required.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (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 
(CFR) 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, Sec. Sec.  44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-004-C.
    Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, West 
Virginia 26238.
    Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 18.35(a)(5)(i), Portable (trailing) 
cables and cords.
    Modification Request: The petitioner seeks modification of the 
existing standard to permit 995-volt, 575-volt, and 480-volt trailing 
cable lengths up to 1,000 feet providing power to section equipment 
including continuous mining machine, roof bolters, shuttle cars, and 
auxiliary fans during: Initial bottom development; mains, sub-mains, 
and three-entry sections development; bleeder and recovery entries 
development; and mining around gas wells.
    The petitioner states that:
    (a) The mine is currently under construction.
    (b) The mine will utilize the room and pillar and longwall mining 
methods to extract coal and will employ approximately 375 coal miners.
    (c) A modification to the existing standard would enhance the 
safety of the miners by minimizing the number of power center moves, 
thereby reducing exposure to electrical hazards associated with cable 
handling.
    (d) Use of 1,000-foot cables would reduce the chance of a fire on a 
working section by allowing power centers to be farther from the 
working face.
    The petitioner proposes the following alternative method:
    (a) The maximum length of the 995-volt, 575-volt, and 480-volt 
trailing cables will be 1,000 feet.
    (b) The section equipment's trailing cables will not be smaller 
than No. 6 American Wire Gauge (AWG). At no time will a trailing cable 
be smaller than specified in the approval documentation for the 
machine.
    (c) All circuit breakers used to protect trailing cables exceeding 
the maximum length specified in 30 CFR 18.35(a)(5)(i) will have 
instantaneous trip units properly calibrated and adjusted to trip at no 
more than the smallest of the following values:
    (1) The setting specified in 30 CFR 75.601-1;
    (2) the setting specified in the approval documentation for the 
machine; or

[[Page 16234]]

    (3) 70 percent of the minimum phase-to-phase short-circuit current 
available at the end of the trailing cable.
    (d) The calibrated trip setting of the circuit breakers will be 
sealed, locked, or protected so that the setting cannot be changed.
    (e) The circuit breakers will have permanent, legible labels 
indicating the circuit, cable size, maximum cable length, and the 
maximum instantaneous trip unit setting. If the trailing cable sizes 
are intermixed at a section power center, the plugs will be constructed 
or designed, for example, keyed or sized, to permit only the proper 
type and length of cable to be plugged into the receptacle with the 
proper settings.
    (f) Replacement instantaneous trip units used to protect trailing 
cables affected by this petition will be calibrated and set in 
accordance with alternative method item (c). This setting will be 
sealed, locked, or protected.
    (g) All components providing short-circuit protection will have a 
sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (h) Any trailing cable not in safe operating condition will be 
removed from service immediately and repaired or replaced.
    (i) If the mining methods or operating procedures cause or 
contribute to trailing cable damage, the cable will be removed from 
service immediately and repaired or replaced. Additional precautions 
will be taken to ensure that, in the future, the cable is protected and 
maintained in safe operating condition.
    (j) Each trailing cable splice or repair will be made in a 
workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice or repair kit. The outer jacket of each 
splice will be vulcanized with flame resistant material or made with 
material that has been approved by MSHA as flame resistant. Splices 
will comply with the requirements of 30 CFR 75.603 and 75.604.
    (k) At the beginning of each production shift, persons designated 
by the mine operator will visually examine trailing cables to ensure 
that they are in safe operating condition. The instantaneous trip unit 
settings of the specially calibrated circuit breakers will also be 
visually examined to ensure that the seals or locks have not been 
removed and that they are set in accordance with alternative method 
item (c).
    (l) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center or distribution box identifying the 
location of each sealed short-circuit protection device. The labels 
will warn miners not to change or alter the sealed short-circuit 
settings.
    (m) This petition will apply to the initial bottom development of 
the mine, working sections that mine around gas wells, and working 
sections developing mains, submains, three entry panels, and bleeder 
and recovery entries.
    (n) This petition will not be implemented until miners designated 
to examine the integrity of the seals or locks, to verify the short-
circuit settings, and to examine trailing cables for defects and damage 
have received training.
    (o) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for its 
approved part 48 training plan to the District Manager. The proposed 
revisions will include initial and refresher training regarding 
compliance with the terms and conditions of the PDO.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-05995 Filed 3-21-22; 8:45 am]
BILLING CODE 4520-43-P