[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61032-61035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27666]
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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: 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 MSHA's Office
of Standards, Regulations, and Variances on or before January 25, 2018.
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 petition and
[[Page 61033]]
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: 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.
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 (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. 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-2017-024-C.
Petitioner: ICG Illinois, LLC, 5945 Lester Road, Williamsville,
Illinois 62693.
Mine: Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon
County, Illinois.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of nonpermissible electronic
testing or diagnostic equipment inby the last open crosscut. The
petitioner states that:
(1) The use of nonpermissible electronic testing and diagnostic
equipment will be limited to: Laptop computers; oscilloscopes;
vibration analysis machines; cable fault detectors; point temperature
probes; infrared temperature devices; insulation testers (meggers);
voltage, current, resistance, and power measurement devices; ultrasonic
thickness gauges; electronic component testers; and electronic
tachometers. Other testing and diagnostic equipment may be used if
approved in advance by the MSHA District Manager.
(2) All nonpermissible electronic testing and diagnostic equipment
used in or inby the last open crosscut will be examined by a qualified
person, as defined in 30 CFR 75.153, prior to use to ensure the
equipment is being maintained in a safe operating condition. The
examinations results will be recorded weekly in the examination book
and will be made available to MSHA and the miners at the mine.
(3) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment in or
inby the last open crosscut.
(4) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When one percent or more methane concentration is detected
while the nonpermissible electronic equipment is being used, the
equipment will be deenergized immediately and the nonpermissible
electronic equipment will be withdrawn outby the last open crosscut.
(5) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(6) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the Mechanized Mining Unit will cease.
However, coal may remain in or on the equipment to test and diagnose
the equipment under ``load.''
(7) All electronic testing and diagnostic equipment will be used in
accordance with the manufacturer's recommendations.
(8) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of such equipment.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2017-025-C.
Petitioner: ICG Illinois, LLC, 5945 Lester Road, Williamsville,
Illinois 62693.
Mine: Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon
County, Illinois.
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 the use of nonpermissible electronic
testing or diagnostic equipment in return air outby the last open
crosscut. The petitioner states that:
(1) The use of nonpermissible electronic testing and diagnostic
equipment will be limited to: Laptop computers; oscilloscopes;
vibration analysis machines; cable fault detectors; point temperature
probes; infrared temperature devices; insulation testers (meggers);
voltage, current, resistance, and power measurement devices; ultrasonic
thickness gauges; electronic component testers; and electronic
tachometers. Other testing and diagnostic equipment may be used if
approved in advance by the MSHA District Manager.
(2) All nonpermissible electronic testing and diagnostic equipment
used in return air outby the last open crosscut will be examined by a
qualified person, as defined in 30 CFR 75.153, prior to use to ensure
the equipment is being maintained in a safe operating condition. The
examinations results will be recorded weekly in the examination book
and will be made available to MSHA and the miners at the mine.
(3) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment in return
air outby the last open crosscut.
(4) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When one percent or more methane concentration is detected
while the nonpermissible electronic equipment is being used, the
equipment will be deenergized immediately and the nonpermissible
electronic equipment will be withdrawn from the return air outby the
last open crosscut.
(5) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(6) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the Mechanized Mining Unit will cease.
[[Page 61034]]
However, coal may remain in or on the equipment to test and diagnose
the equipment under ``load.''
(7) All electronic testing and diagnostic equipment will be used in
accordance with the manufacturer's recommendations.
(8) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of such equipment.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2017-026-C.
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Cresson Mine, MSHA I.D. No. 36-09308, located in Cambria
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 extended trailing
cables on Mobile Bridge Conveyors, Dual Boom Roof Bolters, Truss
Bolters, Single Boom Roof Bolters, and Shuttle Cars and 995-volt
extended trailing cables on continuous mining machines. The petitioner
states that:
(1) Table 9 in Appendix 1 specifies the maximum length of trailing
cables as: 600 feet using No. 4 American Wire Gauge (AWG) cables, 700
feet using No. 2 AWG cable, 850 feet using No. 2/0 AWG cable, and 1,000
feet using No. 4/0 AWG cable.
(2) Trailing cables that supply 995-volt 3-phase Alternating
Current (AC) to continuous miners will not be smaller than No. 2/0 AWG
shielded cable and will not exceed a length of:
a. 1,000 feet when using No. 2/0 AWG shielded cable; or
b. 1,250 feet when using No. 4/0 AWG shielded cable.
(3) Trailing cables that supply 480-volt 3-phase AC to mobile
bridge conveyors will not be smaller than No. 2/0 AWG cable and will
not exceed a length of:
a. 1,000 feet when using 2/0 AWG cable; or
b. 1,250 feet when using No. 4/0 AWG cable.
(4) Trailing cables that supply 480-volt 3-phase AC to the Fletcher
Dual Boom Roof Bolter and Fletcher Tilt Head Truss Bolter will not
exceed 1,200 feet in length when using No. 2 AWG cable.
(5) Trailing cables that supply 480-volt 3-phase AC to the Long
Airdox Single Head Roof Bolter will not exceed 900 feet in length when
using No. 4 AWG cable.
(6) Trailing cables that supply 480-volt 3-phase AC to shuttle cars
will not exceed 900 feet in length when using No. 4 AWG cable.
(7) All circuit breakers used to protect No. 4 AWG trailing cable
exceeding 600 feet in length will have instantaneous trip units
calibrated and sealed to trip at 500 amperes with +/- 10 percent trip
tolerance. The circuit breakers will have permanent, legible labels
attached. The label will identify the circuit breaker as being suitable
for protecting No. 4 AWG cables.
(8) Replacement circuit breakers and/or instantaneous trip units
used to protect No. 4 AWG cables will be calibrated and sealed to trip
at 500 amperes with +/-10 percent trip tolerance.
(9) All circuit breakers used to protect No. 2 AWG cables exceeding
700 feet in length will have instantaneous trip units calibrated and
sealed to trip at 500 amperes with +/-10 percent trip tolerance. The
circuit breakers will have permanent, legible labels. The label will
identify the circuit breaker as being suitable for protecting No. 2 AWG
cables.
(10) Replacement circuit breakers and/or instantaneous trip units
used to protect No. 2 AWG cables will be calibrated and sealed to trip
at 500 amperes with +/-10 percent trip tolerance.
(11) All circuit breakers used to protect No. 2/0 AWG cables or No.
4/0 AWG cables exceeding 850 feet in length will have instantaneous
units calibrated and sealed to trip at 1,500 amperes with +/-10 percent
trip tolerance.
(12) These circuit breakers will have permanent, legible labels.
The label will identify the circuit breaker as being suitable for
protecting No. 2/0 AWG or No. 4/0 AWG cables.
(13) Replacement circuit breakers and/or instantaneous trip units
used to protect No. 2/0 AWG or No. 4 AWG cables will be calibrated and
sealed to trip at 1,500 amperes with +/-10 percent trip tolerance.
(14) All components that provide short-circuit protection will have
a sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(15) During production, persons designated by the operator will
visually examine the trailing cables daily to ensure the cables are in
safe operating condition and that the instantaneous settings of the
specially calibrated breakers do not have seals removed or have been
tampered with and they do not exceed the stipulated settings.
(16) Trailing cables not in safe operating condition will be
removed from service immediately and repaired or replaced.
(17) Splices or repairs in the trailing cables will be made in a
workmanlike manner, in accordance with the instruction of the
manufacturer of the splice or repair materials. The splice or repair
will comply with the requirements in 30 CFR 75.603 and 75.604.
(18) Permanent warning labels will be installed and maintained on
the cover or covers of the power center identifying the location of
each sealed short circuit protective device. These labels will warn
miners not to change or alter these sealed short circuit settings.
(19) Excess cable will be stored behind the anchor(s) on equipment
that use cable reels to prevent the cables from overheating.
(20) Petitioner will not implement this change until the petition
for modification is approved and not until all miners who will be
responsible for examination of the cables and associated electrical
components have been trained on the contents and precautions included
in the petition.
(21) Within 60 days after the proposed decision and order becomes
final, the petitioner will submit proposed revisions for the approved
30 CFR part 48 training plan to the District Manager. These proposed
revisions will specify task training for miners designated to examine
the trailing cables for safe operating condition, and verify the
settings of the circuit breakers that protect the trailing cables do
not exceed the specified settings in Items 7, 8, 9, 10, 11, 12, and 13.
The training will include the following elements:
a. The hazards of setting the circuit breakers too high to
adequately protect the trailing cables.
b. How to verify that the circuit breakers protecting the trailing
cables are properly set and maintained.
c. Mining methods and operating procedures that will protect the
trailing cables against damage.
d. The proper procedure for visually examining trailing cables to
ensure the cables are in safe operating condition by inspecting the
entire cable for nicks and abrasions and observing the insulation and
integrity of any splices or repairs.
The procedure as specified in 30 CFR 48.3 for approval of proposed
revisions to already approved training plans will apply.
[[Page 61035]]
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-27666 Filed 12-22-17; 8:45 am]
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