[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Pages 11136-11140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04244]
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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: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR Part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification submitted to the Mine Safety and Health
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified in Title 30
of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before March 31, 2014.
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, 1100 Wilson Boulevard, Room 2350, Arlington,
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of
Standards, Regulations and Variances. Persons delivering documents are
required to check in at the receptionist's desk on the 21st floor.
Individuals may inspect copies of the petitions 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: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
[email protected] (Email), or 202-693-9441 (Facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
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-2014-001-C.
Petitioner: CONSOL Buchanan Mining Company, 1000 CONSOL Energy
Drive, Canonsburg, Pennsylvania 15317-6506.
Mine: Buchanan Mine 1 Mine, MSHA I.D. No. 44-04856,
located in Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance), (18.35(a)(5)(i) (Portable (trailing) cables
and cords)).
Modification Request: The petitioner requests a modification of the
existing standard to permit maximum length of trailing cables to be
increased to 1,000 feet for supplying power to mining machines, section
ventilation fans and roof bolters. The petitioner states that:
(1) This petition will apply only to trailing cables supplying
three-phase, 995-volt power to mining machines and trailing cables
supplying three-phase, 575-volt power to roof bolters and section
ventilation fans.
(2) The maximum lengths of the 995-volt trailing cables and 575-
volt trailing cables will be 1,000 feet.
(3) The 995-volt mining machine trailing cables will not be smaller
than
[[Page 11137]]
2.0. The 575-volt trailing cables for section ventilation fans will not
be smaller than No. 1 American Wire Gauge (AWG). The 575-volt trailing
cables for roof bolters will not be smaller than No. 2 AWG.
(4) All circuit breakers used to protect the 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 these circuit breakers will have
permanent, legible labels. Each label will identify the circuit breaker
as being suitable for protecting 2.0 cables. This label will be
maintained legible.
(5) 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.
(6) All circuits breaker used to protect No. 1 AWG trailing cables
exceeding 750 feet in length will have instantaneous trip units
calibrated to trip at 1,000 amperes. The trip setting of these circuit
breakers will be sealed or locked, will have permanent legible labels.
Each label will identify the circuit breaker being suitable for
protecting No. 1 AWG cables. This label will be maintained legible.
(7) Replacement instantaneous trip units used to protect No. 1 AWG
trailing cables will be calibrated to trip at 1,000 amperes and this
setting will be sealed or locked.
(8) All circuits used to protect 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. This label will be maintained legible.
(9) 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.
(10) During each production day, 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 stipulated settings.
(11) Any trailing cable that is not in safe operating conditions
will be removed from service immediately and repaired or replaced.
(12) Each splice or repair in the trailing cable 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.
(13) 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. Additional
precautions will be taken to ensure that in the future, the cable is
protected and maintained in safe operating condition.
(14) 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 these short-circuit settings.
(15) The petitioner's alternative method will not be implemented
until all miners who have been designated to examine the integrity of
the seals or locks, and to 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 No. 16.
(16) Within 60 days after this proposed decision and order becomes
final, the proposed revisions for the petitioner's approved 30 CFR part
48 training plan will be submitted to the District Manager. The
training plan will include the following:
(i) The mining methods and operating procedures that will protect
the trailing cables against damage;
(ii) The proper procedures for examining the trailing cables to
ensure that the cables are in safe operating condition;
(iii) The hazards of setting the instantaneous circuit breakers too
high to adequately protect the trailing cables; and
(iv) How to verify that the circuit interrupting device(s)
protecting the trailing cable(s) are properly set and maintained.
The petitioner further states that procedures specified in 30 CFR
48.3 for proposed revisions to approved training plans will apply.
The petitioner asserts that the alternative method will guarantee
no less than the same measure of protection for all miners afforded by
the existing standard.
Docket Number: M-2014-002-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
Mine: BMX Mine, MSHA I.D. No. 36-10045, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined prior to use to ensure
the equipment is being maintained in a safe operating condition. These
examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible
[[Page 11138]]
surveying equipment in or inby the last open crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2014-003-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
Mine: BMX Mine, MSHA I.D. No. 36-10045, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining, by its nature
and size and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2014-004-C.
Petitioner: Consol Pennsylvania Coal Company, LLC, Three Gateway
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
Mine: BMX Mine, MSHA I.D. No. 36-10045, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
within 150 feet of longwall faces and pillar workings, including, but
not limited to, portable battery-operated mine transits, total station
surveying equipment, distance meters, and data loggers. The petitioner
states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, 75.1002(a), and 75.1200, use of the most
practical and accurate surveying equipment is necessary. To ensure the
safety of the miners in active mines and to protect miners in future
mines that may mine in close proximity to these same active mines, it
is necessary to determine the exact location and extent of the mine
workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
[[Page 11139]]
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings or longwall faces will be examined
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2014-001-M.
Petitioner: DMC Mining Services, 488 East 6400 South, Suite 250,
Murray, Utah 84107.
Mine: Tata Chemicals Mine, MSHA I.D. No. 48-00155, 324 Allied
Chemical Road, Green River, Wyoming 82935, located in Sweetwater
County, Wyoming.
Regulation Affected: 30 CFR 57.22606(a) & (c) (Explosive Materials
and blasting units (III mines)).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of nonpermissible detonators to
detonate explosives in the blast hole during work at the construction
of the Tata Chemicals Number 7 Ventilation Shaft.
The petitioner states that:
(1) The construction will be for a 20-foot finished diameter
ventilation shaft that will be constructed in two phases. Phase one
will include the use of a raise boring drill to complete an 8-foot
diameter raise. This raise will remain intact during both phases of the
project for ventilation and material handling. Phase two will consist
of sinking through the shaft by slashing to 22 feet in diameter and
installing a concrete liner to a final diameter of 20 feet.
(2) The geological ground conditions in the Green River basin are
highly conductive and interfere with permissible electric detonators.
The ground inhibits the ability to safely conduct electricity to
detonate a blast round. The resultant potential for misfires and
partial round detonation introduces a safety risk to workers and the
mine.
(3) To mitigate the risk, only blasting detonators will be
nonpermissible, explosives will be permissible, and rounds will be in
either four or eight foot lifts.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure or protection
afforded by the existing standard.
Docket Number: M-2014-002-M.
Petitioner: FMC Minerals, 580 Westvaco Road, Box 872, Green River,
Wyoming 82935.
Mine: Westvaco Underground Trona Mine, MSHA I.D. No. 48-00152,
located in Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III
Mines)).
Modification Request: The petitioner requests a modification of the
existing standard to allow the use of low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment in or inby
the last open crosscut in the Westvaco Underground Trona Mine. The
petitioner states that:
(1) The nonpermissible low-voltage or battery-powered electronic
testing equipment would be limited to laptop computers, oscilloscopes,
vibration analysis machines, cable fault detectors, infrared
temperature devices, signal analyzer devices, ultrasonic measuring
devices, electronic component testers, infrared cameras, multi-meters
and electronic megometers.
(2) All nonpermissible low-voltage or battery-powered equipment to
be used in or inby the last open crosscut will be examined prior to use
by a competent person as defined in 30 CFR 57.22002 to ensure the
equipment is being maintained in a safe operating condition.
(3) A competent person as defined in 30 CFR 57.22002 will monitor
for methane immediately before and during the use of nonpermissible
low-voltage battery-operated electronic testing and diagnostic
equipment in or inby the last open crosscut. All hand-held methane
detectors will be MSHA-approved and maintained in permissible and
proper operating condition as defined in 30 CFR 22227.
(4) Nonpermissible low-voltage or battery-operated testing or
diagnostic equipment will not be used if methane is detected in
concentrations at or above one percent. When methane is detected at
such levels while the nonpermissible electronic testing and diagnostic
equipment is being used, the equipment will be deenergized immediately
and the nonpermissible electronic equipment withdrawn outby the last
open crosscut as defined in 30 CFR 57.22234.
(5) Production will cease except for the time necessary to trouble
shoot under actual mining conditions.
(6) All low-voltage and battery-operated electronic and diagnostic
equipment will be used in accordance with the manufacturer's
recommended safe use procedures.
(7) Competent personnel engaged in the use of nonpermissible low-
voltage or battery-operated testing and diagnostic equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible testing and diagnostic equipment in
areas where methane could be present.
The petitioner further states that the nonpermissible equipment
will be used in preventive maintenance to monitor machine condition to
detect problems before failure occurs so that it can be repaired at a
predetermined time and place to minimize the risk to miners. The
nonpermissible equipment will also be used to diagnose equipment
failures without having to move failed
[[Page 11140]]
equipment with other equipment outby the last open crosscut minimizing
the risk to miners.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure or protection
afforded by the existing standard.
Dated: February 21, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014-04244 Filed 2-26-14; 8:45 am]
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