Petition for Modification of Application of Existing Mandatory Safety Standards, 10103-10104 [2024-02931]

Download as PDF Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices the functions of the Department, including whether the information will have practical utility; (2) the accuracy of the agency’s estimates of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology. (Authority: 44 U.S.C. 3507(a)(1)(D)) I. Background Nicole Bouchet, Senior Paperwork Reduction Act Analyst. FOR FURTHER INFORMATION CONTACT: AGENCY: 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, sections 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. BLS awards funds to State Agencies in order to assist them in operating Labor Market Information and/or Occupational Safety and Health Statistics Federal/State cooperative statistical programs. To ensure a timely flow of information and to be able to evaluate and improve the programs, it is necessary to conduct ongoing communications between BLS and the State partners dealing with, for example, deliverables, program enhancements, and administrative issues. For additional substantive information about this ICR, see the related notice published in the Federal Register on December 4, 2023 (88 FRN 84172). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. Agency: DOL–BLS. Title of Collection: General Inquiries to State Agency Contacts. OMB Control Number: 1220–0168. Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Respondents: 54. Total Estimated Number of Responses: 23,890. Total Estimated Annual Time Burden: 15,927 hours. Total Estimated Annual Other Costs Burden: $0. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 [FR Doc. 2024–02891 Filed 2–12–24; 8:45 am] BILLING CODE 4510–24–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petition for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. Nicole Bouchet by telephone at 202– 693–0213, or by email at DOL_PRA_ PUBLIC@dol.gov. lotter on DSK11XQN23PROD with NOTICES1 10103 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 March 14, 2024. ADDRESSES: You may submit comments identified by Docket No. MSHA–2023– 0056 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0056. 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, 4th Floor West, Arlington, Virginia 22202–5452, Attention: S. Aromie Noe, Director, Office of Standards, Regulations, and Variances. Persons delivering documents are required to check in at the receptionist’s desk in 4th Floor West. 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: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 II. Petition for Modification Docket Number: M–2023–027–C. Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset, Colorado 81434. Mine: West Elk Mine, MSHA ID No. 05–03672, located in Gunnison County, Colorado. Regulation Affected: 30 CFR 18.35(a)(5)(i) (Portable (trailing) cables and cords). Modification Request: The petitioner requests a modification of 30 CFR 18.35(a)(5)(i) to increase the length of tailing cables to a maximum of 1,100 feet for mobile roof support machines and shuttle cars. The petitioner states that: (a) The petitioner has a previously granted petition for modification, docket number M–2012–036–C, to use trailing cables supplying three-phase, 995-volt AC power to continuous machines, roof bolting machines, and auxiliary face fans and 575-volt AC power to roof bolting machines and auxiliary face fans. (b) The petitioner is now requesting to add four Fletcher Mobile Roof Support machines, model MRS17, and Komatsu 10SC32 shuttle cars. The Fletcher Mobile Roof Support machines and Komatsu 10SC32 shuttle cars will be used under the same terms and conditions listed in the previously granted petition. The petitioner proposes the following alternative method: (a) The maximum trailing cable length shall be 1,100 feet for the No. 4 trailing cables for the mobile roof support machines and the No. 2 trailing cables for the shuttle cars. (c) All circuit breakers used to protect the No. 4 trailing cables exceeding 1,000 feet for the 995-volt mobile roof support E:\FR\FM\13FEN1.SGM 13FEN1 lotter on DSK11XQN23PROD with NOTICES1 10104 Federal Register / Vol. 89, No. 30 / Tuesday, February 13, 2024 / Notices machines shall have instantaneous trip units calibrated to trip at 2,500 amperes. The trip setting of these circuit breakers shall be sealed or locked so that the setting cannot be changed. The circuit breakers shall have permanent legible labels displaying the maximum short circuit setting. Calibration, sealing, and labeling of circuit breakers shall be performed by the circuit breaker manufacturer, or an authorized repair facility outfitted with calibrated test equipment. Each label shall identify the circuit breaker as being suitable for protecting the No. 4 cables. The labels shall be maintained as legible. (c) Replacement instantaneous trip units used to protect the No. 4 trailing cables shall be calibrated to trip at 2,500 amperes and this setting shall be sealed or locked. Calibration, sealing, and labeling of the replacement units shall be conducted by the device manufacturer, or an authorized repair facility outfitted with calibrated test equipment. (d) All circuit breakers used to protect the No. 2 trailing cables exceeding 850 feet in length for the shuttle cars shall have instantaneous trip units calibrated to trip at 1,500 amperes. The trip setting of these circuit breakers shall be sealed or locked so that the setting cannot be changed. The circuit breakers shall have permanent legible labels displaying the maximum short circuit setting. Calibration, sealing, and labeling of circuit breakers shall be performed by the circuit breaker manufacturer, or an authorized repair facility outfitted with calibrated test equipment. Each label shall identify the circuit breaker as being suitable for protecting the No. 2 cables. The labels shall be maintained as legible. (e) Replacement instantaneous trip units used to protect the No. 2 trailing cables shall be calibrated to trip at 1,500 amperes and this setting shall be sealed or locked. Calibration, sealing, and labeling of the replacement units shall be conducted by the device manufacturer, or an authorized repair facility outfitted with calibrated test equipment. (f) All components that provide shortcircuit protection shall have a sufficient interruption rating in accordance with the maximum calculated fault current available. (g) The trailing cables for the mobile roof support machines and shuttle cars shall be protected by being hung on well-installed insulated hangers from the section transformer to the slack pile of the trailing cable for each machine or to the last open crosscut, whichever is further outby. VerDate Sep<11>2014 16:57 Feb 12, 2024 Jkt 262001 (h) Prior to putting the mobile roof support machines and shuttle cars in service for each shift, examinations by persons designated by the mine operator shall be made to visually examine the trailing cables to ensure that the cables are in safe operating condition. The instantaneous settings of the specially calibrated circuit breakers shall also be visually examined to ensure that the seals or locks have not been removed and that they do not exceed the settings stipulated in items (b) and (d). (i) Permanent warning labels shall be installed and maintained on the cover(s) of each circuit breaker and the trailing cable disconnecting device indicating that the cable can only be connected to a circuit breaker that is set to trip at its pre-determined instantaneous value. These labels shall warn miners not to change or alter these sealed short-circuit settings and warn them not to connect the trailing cable to an improperly adjusted circuit breaker. (j) Any trailing cable that is not in safe operating condition or damaged in any way shall be removed from service immediately and repaired or replaced. Each splice or repair in the trailing cables shall be made in a workmanlike manner and in accordance with the instructions of the manufacturer of the splice or repair materials. The splice or repair shall comply with 30 CFR 75.602 and 30 CFR 75.604. (k) Excessive cable shall be stored behind the anchor(s) on equipment that use cable reels to prevent cable(s) from overheating. Trailing cables anchoring points located along haulage roads, belt tailpiece, or feeder shall be arranged to prevent the shuttle cars from running over their trailing cables to minimize the need for secondary (temporary) trailing cable anchoring points and minimize back spooling. (l) Before implementation of the terms and conditions in MSHA’s Proposed Decision and Order (PDO), 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 shall receive the training specified in item (n). (m) Before implementation of the terms and conditions in the PDO, the circuit breakers outlined above shall be inspected by MSHA to ensure their conformity with the terms and conditions of the PDO. (n) Within 60 days after the PDO becomes final, the petitioner shall submit proposed revisions for its approved 30 CFR part 48 training plan to the Mine Safety and Health Enforcement District Office for the PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 District which the mine is located. The training shall include the following elements: (1) Training in the mining methods and operating procedures that will protect the trailing cables against damage; (2) Training in proper procedures for examining the trailing cables to ensure that they are in safe operating condition; (3) Training in the hazards of setting the short circuit interrupting device(s) too high to adequately protect the trailing cables; (4) Training in how to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained; and (5) Training to protect the trailing cable(s) against damage caused by overheating due to excessive cable stored on the cable reel(s) and properly adjusting stored cable behind the cable anchor(s) as tramming distances change. In support of the proposed alternative method, the petitioner submitted fault analysis for 1,100 feet of the No. 4 and No. 2 trailing cables to demonstrate that there is enough current available to trip the short circuit protection at the time of a fault. The petitioner asserts that the alternate 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, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2024–02931 Filed 2–12–24; 8:45 am] BILLING CODE 4520–43–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (24–008)] Heliophysics Advisory Committee; Space Weather Council; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act, the National Aeronautics and Space Administration (NASA) announces a meeting of the Space Weather Council (SWC). The SWC is a subcommittee of the Heliophysics Advisory Committee, which functions in an advisory capacity to the Director, Heliophysics Division, in the NASA Science Mission Directorate. The meeting will be held for the purpose of soliciting, from the science community and other persons, scientific and technical information relevant to program planning. SUMMARY: E:\FR\FM\13FEN1.SGM 13FEN1

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[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10103-10104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02931]


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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 March 14, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0056 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0056.
    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, 4th Floor West, 
Arlington, Virginia 22202-5452, Attention: S. Aromie Noe, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in 4th 
Floor West. 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, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2023-027-C.
    Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset, 
Colorado 81434.
    Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 18.35(a)(5)(i) (Portable (trailing) 
cables and cords).
    Modification Request: The petitioner requests a modification of 30 
CFR 18.35(a)(5)(i) to increase the length of tailing cables to a 
maximum of 1,100 feet for mobile roof support machines and shuttle 
cars.
    The petitioner states that:
    (a) The petitioner has a previously granted petition for 
modification, docket number M-2012-036-C, to use trailing cables 
supplying three-phase, 995-volt AC power to continuous machines, roof 
bolting machines, and auxiliary face fans and 575-volt AC power to roof 
bolting machines and auxiliary face fans.
    (b) The petitioner is now requesting to add four Fletcher Mobile 
Roof Support machines, model MRS17, and Komatsu 10SC32 shuttle cars. 
The Fletcher Mobile Roof Support machines and Komatsu 10SC32 shuttle 
cars will be used under the same terms and conditions listed in the 
previously granted petition.
    The petitioner proposes the following alternative method:
    (a) The maximum trailing cable length shall be 1,100 feet for the 
No. 4 trailing cables for the mobile roof support machines and the No. 
2 trailing cables for the shuttle cars.
    (c) All circuit breakers used to protect the No. 4 trailing cables 
exceeding 1,000 feet for the 995-volt mobile roof support

[[Page 10104]]

machines shall have instantaneous trip units calibrated to trip at 
2,500 amperes. The trip setting of these circuit breakers shall be 
sealed or locked so that the setting cannot be changed. The circuit 
breakers shall have permanent legible labels displaying the maximum 
short circuit setting. Calibration, sealing, and labeling of circuit 
breakers shall be performed by the circuit breaker manufacturer, or an 
authorized repair facility outfitted with calibrated test equipment. 
Each label shall identify the circuit breaker as being suitable for 
protecting the No. 4 cables. The labels shall be maintained as legible.
    (c) Replacement instantaneous trip units used to protect the No. 4 
trailing cables shall be calibrated to trip at 2,500 amperes and this 
setting shall be sealed or locked. Calibration, sealing, and labeling 
of the replacement units shall be conducted by the device manufacturer, 
or an authorized repair facility outfitted with calibrated test 
equipment.
    (d) All circuit breakers used to protect the No. 2 trailing cables 
exceeding 850 feet in length for the shuttle cars shall have 
instantaneous trip units calibrated to trip at 1,500 amperes. The trip 
setting of these circuit breakers shall be sealed or locked so that the 
setting cannot be changed. The circuit breakers shall have permanent 
legible labels displaying the maximum short circuit setting. 
Calibration, sealing, and labeling of circuit breakers shall be 
performed by the circuit breaker manufacturer, or an authorized repair 
facility outfitted with calibrated test equipment. Each label shall 
identify the circuit breaker as being suitable for protecting the No. 2 
cables. The labels shall be maintained as legible.
    (e) Replacement instantaneous trip units used to protect the No. 2 
trailing cables shall be calibrated to trip at 1,500 amperes and this 
setting shall be sealed or locked. Calibration, sealing, and labeling 
of the replacement units shall be conducted by the device manufacturer, 
or an authorized repair facility outfitted with calibrated test 
equipment.
    (f) All components that provide short-circuit protection shall have 
a sufficient interruption rating in accordance with the maximum 
calculated fault current available.
    (g) The trailing cables for the mobile roof support machines and 
shuttle cars shall be protected by being hung on well-installed 
insulated hangers from the section transformer to the slack pile of the 
trailing cable for each machine or to the last open crosscut, whichever 
is further outby.
    (h) Prior to putting the mobile roof support machines and shuttle 
cars in service for each shift, examinations by persons designated by 
the mine operator shall be made to visually examine the trailing cables 
to ensure that the cables are in safe operating condition. The 
instantaneous settings of the specially calibrated circuit breakers 
shall also be visually examined to ensure that the seals or locks have 
not been removed and that they do not exceed the settings stipulated in 
items (b) and (d).
    (i) Permanent warning labels shall be installed and maintained on 
the cover(s) of each circuit breaker and the trailing cable 
disconnecting device indicating that the cable can only be connected to 
a circuit breaker that is set to trip at its pre-determined 
instantaneous value. These labels shall warn miners not to change or 
alter these sealed short-circuit settings and warn them not to connect 
the trailing cable to an improperly adjusted circuit breaker.
    (j) Any trailing cable that is not in safe operating condition or 
damaged in any way shall be removed from service immediately and 
repaired or replaced. Each splice or repair in the trailing cables 
shall be made in a workmanlike manner and in accordance with the 
instructions of the manufacturer of the splice or repair materials. The 
splice or repair shall comply with 30 CFR 75.602 and 30 CFR 75.604.
    (k) Excessive cable shall be stored behind the anchor(s) on 
equipment that use cable reels to prevent cable(s) from overheating. 
Trailing cables anchoring points located along haulage roads, belt 
tailpiece, or feeder shall be arranged to prevent the shuttle cars from 
running over their trailing cables to minimize the need for secondary 
(temporary) trailing cable anchoring points and minimize back spooling.
    (l) Before implementation of the terms and conditions in MSHA's 
Proposed Decision and Order (PDO), 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 shall receive the training specified in item 
(n).
    (m) Before implementation of the terms and conditions in the PDO, 
the circuit breakers outlined above shall be inspected by MSHA to 
ensure their conformity with the terms and conditions of the PDO.
    (n) Within 60 days after the PDO becomes final, the petitioner 
shall submit proposed revisions for its approved 30 CFR part 48 
training plan to the Mine Safety and Health Enforcement District Office 
for the District which the mine is located. The training shall include 
the following elements:
    (1) Training in the mining methods and operating procedures that 
will protect the trailing cables against damage;
    (2) Training in proper procedures for examining the trailing cables 
to ensure that they are in safe operating condition;
    (3) Training in the hazards of setting the short circuit 
interrupting device(s) too high to adequately protect the trailing 
cables;
    (4) Training in how to verify that the circuit interrupting 
device(s) protecting the trailing cable(s) are properly set and 
maintained; and
    (5) Training to protect the trailing cable(s) against damage caused 
by overheating due to excessive cable stored on the cable reel(s) and 
properly adjusting stored cable behind the cable anchor(s) as tramming 
distances change.
    In support of the proposed alternative method, the petitioner 
submitted fault analysis for 1,100 feet of the No. 4 and No. 2 trailing 
cables to demonstrate that there is enough current available to trip 
the short circuit protection at the time of a fault.
    The petitioner asserts that the alternate 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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-02931 Filed 2-12-24; 8:45 am]
BILLING CODE 4520-43-P


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