[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Notices]
[Pages 21904-21905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08457]
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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 Title 30 of the Code of Federal Regulations 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.
DATES: All comments on the petitions must be received by the MSHA's
Office of Standards, Regulations, and Variances on or before May 13,
2016.
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: Sheila McConnell, 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 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-2016-008-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Barrett Mine, MSHA I.D. No. 36-09342, located in Indiana
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 requests a modification of the
existing standard to permit the use of 480-volt trailing cables with a
maximum length of 950 feet when No. 4 American Wire Gauge (AWG) cable
is used on roof bolters. The petitioner states that:
(1) The trailing cables for the 480-volt bolters will not be
smaller than No. 4 AWG cable.
(2) All circuit breakers used to protect the No. 4 AWG trailing
cable exceeding 700 feet in length will have instantaneous trip units
calibrated to trip at 500 amperes. The trip setting of these circuit
breakers will be sealed to ensure that the settings on these breakers
cannot be changed, and these circuit breakers will have permanent,
legible labels. Each label will identify the circuit breaker as being
suitable for protecting the cables as listed above.
(3) Replacement circuit breakers and/or instantaneous trip units
used to protect the No. 4 AWG trailing cable will be calibrated to trip
at 500 amperes and they will be sealed.
(4) All components that provide short-circuit protection will have
a sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(5) During each production day, the trailing cables and the circuit
breakers will be examined in accordance with all 30 CFR provisions.
(6) Permanent warning labels will be installed and maintained on
the load center identifying the location of each short-circuit
protection device. These labels will warn miners not to change or alter
the settings of these devices.
(7) If the affected trailing cables are damaged in any way during
the shift, the cable will be de-energized and repairs made.
(8) The alternative method will not be implemented until all miners
who have been designated to operate the bolters, or any other person
designated to examine the trailing cables or trip settings on the
circuit breakers, have received the proper training as to the
performance of their duties.
(9) Within 60 days after the proposed decision and order becomes
final, the petitioner will submit proposed revisions for their approved
30 CFR part 48 training plans to the District Manager. These revisions
will specify task training for miners designated to examine the
trailing cables for safe operating condition and verify that the short-
circuit settings of the circuit-interrupting devices that protect the
affected trailing cables do not exceed the settings specified
previously in this petition. The training will include the following
elements:
(a) The hazards of setting short-circuit interrupting device(s) too
high to adequately protect the trailing cables.
(b) How to verify that the circuit interrupting device(s)
protecting the trailing cable(s) are properly set and maintained.
(c) Mining methods and operating procedures that will protect the
trailing cables against damage.
(d) Proper procedures for examining the trailing cables to ensure
that the
[[Page 21905]]
cables are in safe operating condition by visually inspecting the
entire cable, observing the insulation, the integrity of splices, nicks
and abrasions.
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-2016-009-C.
Petitioner: Marfork Mining Company, Inc., P.O. Box 457,
Whitesville, West Virginia 25193.
Mine: Marsh Fork Mine, MSHA I.D. No. 46-08551, located in Raleigh
County, West Virginia; Low Gap Refuse Disposal Facility, I.D. No.
1211WV40234-01.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the
existing standard to permit, as an alternative method, to backfill four
abandoned mine openings associated with inactive Marsh Fork Mine, Cedar
Grove coal seam portal area with coal refuse. The petitioner states
that:
1. The portals are located at approximate Elevation 1630. We
understand the four mine openings within the proposed refuse disposal
facility footprint have been abandoned and have dry-stacked, concrete
block stoppings. Each of the four openings has a 10-inch
outside diameter high density polyethylene (HDPE) pipe installed
through the stopping; however, we understand the pipes have never
discharged. The mine dips to the northwest and discharges from two
separate sets of down dip openings at Elevation 1595 and
Elevation 1601. These openings should preclude the
potential for the mine to flood to the portal area.
2. It is proposed to use coal refuse as a construction material to
cover the openings and reclaim the highwall. The material excavated to
create the ``face-up'' for the portal area is no longer available to
backfill the openings and eliminate the highwall. Each of the four
openings associated with the Marsh Fork Mine portal area will be back-
stowed with soil and rock to the stopping. Existing canopies and loose
debris will be removed prior to placing the backfill. Although flooding
of the mine to the portal area is not expected due to the down dip
openings, a redundant underdrain system consisting of durable rock
cobbles and a perforated pipe wrapped with filter fabric will be
installed at the base of the highwall along the entire portal area.
Each of the existing mine entry pipes will be connected to the
perforated pipe within the underdrain. The underdrain will be extended
to discharge into the refuse facility perimeter ditch. Additional soil
and rock will be placed at the openings and along exposed coal seam to
result in covering the seam with at least four feet of non-combustible
material.
3. As described above, it is proposed that the construction of the
Low Gap refuse disposal facility will backfill the portal entries and
reclaim the highwall; however 30 CFR 77.214(a) generally states that
refuse piles will not be located over abandoned openings. The apparent
intent of this regulation is to limit the potential for a ``blowout''
of mine water and to limit the potential for combustion of the refuse
and/or coal seam. The proposed backfill plan described in this petition
addresses these concerns and provides a practical method of backfilling
the openings with coal refuse that will provide an equivalent or
greater measure of protection afforded by the existing standard. Since
the mine has two gravity outlets as approximate Elevation 1595 and
Elevation 1601 (i.e. lower that the sealed openings), there is no
significant potential for the mine workings to flood and be subject to
a blowout at the portal area location. However, as a precautionary
measure, an internal drainage system is proposed to provide a
controlled outlet in the unlikely event that any water accumulates inby
the portal area.
4. The proposed soil and rock backfill zone isolates the mine
workings and coal seam from the proposed coal refuse fill minimizing
any potential for a mine fire to spread to the refuse fill. Any exposed
area of the Cedar Grove coal seam within the embankment footprint will
be covered with at least four feet of soil and rock as the coal refuse
backfill is placed. The coal refuse will be placed in a 2-foot
(maximum) thick lifts. This requirement should preclude the potential
for the refuse to spontaneously combust.
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.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-08457 Filed 4-12-16; 8:45 am]
BILLING CODE 4520-43-P