Petition for Modification of Application of Existing Mandatory Safety Standards, 106598-106599 [2024-30945]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106598-106599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30945]


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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.

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SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by 
Harrison County Coal Resources, Inc.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before January 29, 2025.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0118 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0118.
    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 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.

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:

[[Page 106599]]

    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-2024-072-C.
    Petitioner: Harrison County Coal Resources, Inc., 464 North Portal 
Rd., Wallace, WV 26448.
    Mine: Harrison County Mine, MSHA ID No. 46-01318, located in Marion 
County, West Virginia.
    Regulation Affected: 30 CFR 75.503, Permissible electric face 
equipment; maintenance; Specified in 30 CFR 18.35(a)(5)(i), Portable 
(trailing) cables and cords.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.503 to increase the maximum length of tailing cables specified 
in 30 CFR 18.35(a)(5)(i) that supply power to loading machines to 1,000 
feet.
    The petitioner states that:
    (a) The Harrison County Mine is developing longwall panels as part 
of a continuing mining cycle. The longwall development panels consist 
of a three-entry system with 300-foot deep cuts to improve roof and 
abutment pressure control during longwall mining. Ventilation is also 
improved by limiting the number of stoppings, which have a built-in 
ventilation pressure loss factor. The Harrison County Mine is also 
developing main and submain sections as part of the continuing mining 
cycle. The petitioner has provided typical section prints showing the 
need for cable lengths greater than 700 feet for this development 
system.
    (b) The petitioner has also provided a summary of short-circuit 
calculations justifying the instantaneous trip setting for the circuit 
breakers protecting the trailing cables supplying power to 995 Volt 
loading machines in Harrison County Mine.
    (c) The proposed alternative method will at all times guarantee no 
less than the same measure of protection to all miners as would be 
provided by the mandatory standard.
    The petitioner proposes the following alternative method:
    (a) The proposed decision and order (PDO) granted by MSHA shall 
apply only to trailing cables supplying three-phase, 995-volt power to 
loading machines.
    (b) The maximum lengths of the trailing cables shall be 1,000 feet.
    (c) All trailing cables exceeding 700 feet in length and supplying 
three-phase, 995-volt power to loading machines shall be No. 2 American 
wire gauge (AWG), or larger.
    (d) All circuit breakers used to protect the No. 2 AWG trailing 
cables exceeding 700 feet in length shall have instantaneous trip units 
calibrated to trip at 800 amperes (amps). The trip setting of these 
circuit breakers shall be sealed or locked, and these circuit breakers 
shall have permanent, legible labels. The calibration, sealing and 
labeling shall be performed by the manufacturer or at a repair facility 
outfitted with calibrated test equipment. The labels shall be 
maintained in legible condition.
    (e) Replacement circuit breakers and/or instantaneous trip units 
used to protect the No. 2 AWG trailing cables shall be calibrated to 
trip at 800 amperes, and this setting shall be sealed or locked. The 
calibration, sealing, and labeling shall be performed by the 
manufacturer or a repair facility outfitted with calibrated test 
equipment.
    (f) During each production day, persons designated by the operator 
shall 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 stipulated settings specified in items 
(d) and (e).
    (g) Any trailing cable that is not in safe operating condition 
shall be removed from service immediately and repaired or replaced.
    (h) Each splice or repair in the trailing cable shall 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 shall be vulcanized with flame-resistant material 
or made with material that has been accepted by MSHA as flame 
resistant.
    (i) In the event the mining method or operating procedures cause or 
contribute to the damage of any trailing cable, the cable shall be 
removed from service immediately and repaired or replaced. Also, 
additional precautions shall be taken to ensure that, in the future, 
the cable is protected and maintained in safe operating condition.
    (j) Permanent warning labels shall be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed or locked short-circuit protective device. The label shall 
identify the circuit breakers as being suitable for protecting No. 2 
AWG cables and shall warn miners not to change or alter these short-
circuit settings.
    (k) The alternative method shall not be implemented until all 
miners, who have been designated to examine the integrity of seals and 
verify the short-circuit settings and proper procedures for examining 
trailing cables for defects and damage, have received the elements of 
training specified in item (l).
    (l) Within sixty (60) days after the PDO is granted by MSHA, the 
petitioner shall submit proposed revisions for its approved 30 CFR part 
48 training plan to the Coal Mine Safety and Health District Manager 
for the area in which the mine is located. The training shall include 
the following elements:
    (1) Training in mining methods and operating procedures that shall 
protect the trailing cables against damage.
    (2) Training in the proper procedures for examining the trailing 
cables to ensure that the cables are in safe operating condition.
    (3) Training in hazards of setting the instantaneous circuit 
breakers too high to adequately protect the trailing cables.
    (4) Training in how to verify that circuit interrupting devices 
protecting the trailing cables are properly set and maintained.
    (m) The procedures of 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans shall apply.
    (n) The miners at Harrison County Coal Resources, Inc., Harrison 
County Mine, are represented by a labor organization and a copy of this 
petition has been provided to the representative of the miners at the 
mine on October 30, 2024.
    In support of the proposed alternative method, the petitioner 
submitted: schematic diagrams showing the lengths and locations of 
trailing cables; a fault analysis summary; a short-circuit analysis 
including specific cable information for all high voltage cables from 
the utility service drop to the section power center; and one-line 
diagrams.
    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. 2024-30945 Filed 12-27-24; 8:45 am]
BILLING CODE 4520-43-P