[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Notices]
[Pages 35976-35981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14109]


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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

[[Page 35977]]

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 July 15, 2013.

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-2013-021-C.
    Petitioner: Peabody Energy Company, 115 Grayson Lane, Eldorado, 
Illinois 62930.
    Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11-03156, 
located in Saline County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to the braking systems on the Getman RDG-1504S Road Builder. 
The petitioner proposes to operate the Road Builder, Serial Number 6760 
as it was originally designed, without front brakes. The petitioner 
states that:
    (1) The standard does not address equipment with more than four (4) 
wheels, specifically the Getman RDG-1504S Road Builder with six (6) 
wheels. This machine has dual brake systems on the four (4) rear wheels 
and is designed to prevent a loss of braking due to a single component 
failure.
    (2) The speed of the machine will be limited to 10 miles per hour 
(mph) by permanently blocking out any gear that would provide higher 
speed or use transmission and differential ratios that would limit the 
maximum speed to 10 mph.
    (3) Training will be provided for operators to recognize 
appropriate speeds for different road conditions and slopes.
    (4) Training will be provided for operators to lower the grader 
blade to provide additional stopping capability.
    (5) The safety of the miners will not be compromised if the machine 
is operated as described in paragraph 2.
    (6) This RDG-1504S Road Builder has been approved under a previous 
petition for modification, Docket Number M-2004-047-C, when it was 
operated at the Arclar Willow Lake Portal Mine, MSHA I.D. No. 11-03054.
    (7) The Getman Road Builder has been transferred to the Wildcat 
Hills Underground Mine.
    The petitioner asserts that the proposed alternative method will 
guarantee the same measure of protection to the miners as the existing 
standard.

    Docket Number: M-2013-022-C.
    Petitioner: Paramont Coal Company Virginia, LLC, Three Gateway 
Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
    Mine: Deep Mine 41, MSHA I.D. No. 44-07223, located in Dickenson 
County, Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for the 
standard with respect to gas wells. The petitioner proposes to plug 
vertically drilled gas wells in order to mine through them. The 
petitioner proposes to use the following alternative method when mining 
through vertically drilled degasification boreholes with horizontal 
laterals to permit mining through the boreholes:
    (1) The petition will apply to all wells to be mined through 
located within the mineable reserve at Paramont Coal Company's Deep 
Mine 41.
    (2) A safety barrier of 300 feet in diameter (150 between any mined 
area and a well) will be maintained around all wells (to include all 
active, inactive, abandoned, shut-in, and previously plugged oil and 
gas wells, and including water injection wells) until approval has been 
obtained from the District Manager (DM).
    (3) Prior to mining within the safety barrier around any well that 
is intended to be mined through, the operator, will provide to the DM a 
certification from a company official stating that all mandatory 
procedures for cleaning out, preparing, and plugging each gas or oil 
well have been completed. The certification will be accompanied by all 
logs and any other records the DM may request.
    The petitioner proposes to use the following procedures when 
cleaning out, preparing, plugging and replugging wells to the surface:
    (1) The operator will pump expanding cement slurry down the well to 
form a plug which runs from at least 200 feet (400 feet if the total 
well depth is 4,000 feet or greater) below the base of the Jawbone Seam 
(or lower if required by the DM due to the geological strata, or due to 
the pressure within the well) to the surface. The expanding cement will 
be placed in the well under a pressure of at least 200 pounds per 
square inch. Portland cement or a lightweight cement mixture may be 
used to fill the area from 100 feet above the top of the Jawbone Seam 
(or higher if required by the DM due to the geological strata, or due 
to the pressure within the well) to the surface.
    (2) A small quantity of steel turnings or other small magnetic 
particles will be embedded in the top of the cement near the surface to 
serve as a permanent magnetic monument of the well. An acceptable 
alternative monument can be achieved by using a 4\1/2\-inch or larger 
casing set in cement extending at least 36 inches above the ground 
level with the API well number either engraved or

[[Page 35978]]

welded on the casing. When the hole cannot be marked with a physical 
monument (e.g., such as where it is located in prime farmland), high-
resolution GPS coordinates (one-half meter resolution) will be used.
    The petitioner proposes to use the following procedures when 
plugging wells with mechanical bridge plugs or cap seal plugs:
    (1) If the total depth of the well is less than 4,000 feet, a 
diligent effort will be made to clean the borehole to a depth that 
would permit the placement of a minimum of 200 feet of expanding cement 
below the Jawbone Seam unless the DM requires cleaning to a greater 
depth due to the geological strata, or due to the pressure within the 
well (the operator will provide the DM with all information it 
possesses concerning the geological nature of the strata and the 
pressure of the well). If the total depth of the well is 4,000 feet or 
greater, the operator will completely clean out the well from the 
surface to at least 400 feet below the base of Jawbone Seam.
    (2) When cleaning out the well, the operator will make a diligent 
effort to remove all of the casing in the well. If it is not possible 
to remove all of the casing, then the operator will take appropriate 
steps to ensure that the annulus between the casing and the well walls 
are filled with expanding (minimum of 0.2% expansion upon setting) 
cement and contain no voids from 200 feet (400 feet if the total well 
depth is 4,000 feet or greater) below the base of the Jawbone Seam up 
to 100 feet above the Jawbone Seam. If the casing cannot be removed at 
the Jawbone Seam level, perforations will be established at every 50 
feet from 200 feet (400 feet if the total well depth is 4,000 feet or 
greater) below the base of the Jawbone Seam and up to 100 feet above 
the Jawbone Seam to allow placement of expanding cement. When multiple 
casing and tubing strings are present in the coal horizon(s), any 
casing which remains will be perforated and filled with expanding 
cement. An acceptable casing bond log for each casing and tubing string 
will be used in lieu of perforating multiple strings.
    (3) If the DM concludes that the cleaned-out well is emitting 
excessive amounts of gas, a mechanical bridge plug or cap seal plug 
will be placed in the borehole in a competent stratum at least 200 feet 
(400 feet if the total well depth is 4,000 feet or greater) below the 
base of the Jawbone Seam but above the top of the uppermost gas-
producing stratum, unless the DM requires greater distance due to the 
geological stratum or due to the pressure within the well (the operator 
will provide the DM with all information it possesses concerning the 
geological nature of the strata and the pressure of the well). If it is 
not possible to set a mechanical bridge plug or cap seal plug, an 
appropriate size packer or a substantial brush plug may be used in 
place of the mechanical bridge plug or cap seal plug.
    (4) The operator will prepare down-hole logs for each well that 
will consist of a caliper survey and log(s) suitable for determining 
the top, bottom, and thickness of the Jawbone Seam and potential gas-
producing strata and the location for the bridge plug. Alternatively, 
the operator may use a down-hole camera survey in lieu of down-hole 
logs. In addition, a journal will be maintained describing the depth of 
each material encountered, the nature of each material encountered; bit 
size and type used to drill each portion of the hole; length and type 
of each material used to plug the well; length of casing(s) removed, 
perforated or left in place, any sections where casing was cut or 
milled; and other pertinent information concerning cleaning and sealing 
the well.
    (5) If the uppermost gas-producing stratum is within 300 feet of 
the base of the Jawbone Seam, properly placed mechanical bridge plugs 
or cap seal plugs or a suitable brush plug will be used to isolate the 
gas-producing stratum from the expanding cement plug. Nevertheless, a 
minimum of 200 feet (400 feet if the total well depth is 4,000 feet or 
greater) of expanding cement will be placed below the Jawbone Seam 
unless the DM requires a greater distance due to the geological strata, 
or due to the pressure within the well.
    The petitioner proposes to use the following procedures for 
plugging coalbed methane wells that will not be fully plugged prior to 
mining-through:
    (1) The operator will pump expanding cement slurry down the well to 
form a plug which runs from at least 200 feet (400 feet if the total 
well depth is 4,000 feet or greater) below the base of the Jawbone Seam 
(or lower if required by the DM due to the geological strata, or due to 
the pressure within the well) to a depth of approximately 10 feet below 
the Jawbone Seam. The expanding cement will be placed in the well under 
pressure of at least 200 pounds per square inch.
    (2) The top of the coalbed methane well casing will be fitted with 
a non-conductive wellhead equipped as required by the DM. Such 
equipment may include check valves, shut-in valves, sampling ports, 
flame arrestor equipment, and security fencing.
    (3) If the coalbed methane well is intended to be left un-grouted 
during the cut-through process, the entire portion of the well below 
the Jawbone Seam will be plugged.
    The petitioner proposes to use the following procedures for 
plugging wells for use as degasification boreholes:
    (1) The operator will pump expanding cement slurry down the well to 
form a plug which runs from at least 200 feet (400 feet if the total 
well depth is 4,000 feet or greater) below the base of the Jawbone Seam 
(or lower if required by the DM due to the geological strata, or due to 
the pressure within the well) and extends upward to a point above the 
top of the Jawbone Seam. The distance the cement plug extends upward 
above the Jawbone Seam will be based on the average height of the roof 
strata breakage for the mine.
    (2) To facilitate methane drainage, degasification casing of 
suitable diameter, slotted or perforated throughout its lowest 150 to 
200 feet, will be set in the borehole to a point 10 to 30 feet above 
the top of the expanding cement.
    (3) The annulus between the degasification casing and the borehole 
wall will be cemented from a point immediately above the slots or 
perforations to the surface.
    (4) The degasification casing will be cleaned out for its total 
length.
    (5) The top of the degasification casing will be fitted with a 
wellhead equipped as required by the DM. Such equipment may include 
check valves, shut-in valves, sampling ports, flame resistor equipment, 
security fencing, etc.
    The petitioner proposes to use the following procedures after 
approval has been granted by the District Manager to mine within the 
safety barrier or to mine through a plugged or replugged well:
    (1) A representative of the operator, a representative of the 
miners, the appropriate State agency, or the MSHA DM may request that a 
conference be conducted prior to mining through any plugged or 
replugged well. The purpose of the conference will be to review, 
evaluate, and accommodate any abnormal or unusual circumstances related 
to the condition of the well or surrounding strata when such conditions 
are encountered.
    (2) The operator will mine through a well on a shift approved by 
the DM. The operator will notify the DM and the miner's representative 
in sufficient time prior to mining-through a well to provide an 
opportunity to have representatives present.
    (3) When using continuous mining methods, drivage sights will be 
installed at the last open crosscut near the place

[[Page 35979]]

to be mined to assure intersection of the well. The drivage sights will 
not be more than 100 feet from the well. When using longwall-mining 
methods, drivage sights will be installed on 10-foot centers for a 
distance of 50 feet in advance of the wellbore. The drivage sights will 
be installed in the headgate and tailgate.
    (4) A minimum of the following fire-fighting equipment, roof 
support supplies, and ventilation materials will be available and 
located at the last open crosscut on the intake side of the entry to 
cut into the well; three 20 pound CO2 fire extinguishers, 20 
bags of rock dust, sufficient fire hose to reach the working face, one 
hand-held methane monitor capable of reading high percentages of 
methane, a multi-gas detector carried by both the foreman and the 
continuous miner operator, sufficient curtain to reach the working 
face, eight timbers with headers and wedges, and two emergency plugs. 
The water line will be maintained to the belt conveyor tailpiece along 
with a sufficient amount of fire hose to reach the farthest point of 
penetration on the section.
    (5) Equipment will be checked for permissibility and serviced no 
earlier than the shift prior to mining through the well. Water sprays, 
water pressures, and water flow rates used for dust and spark 
suppression will be examined and any deficiencies will be corrected.
    (6) The methane monitors on the longwall, continuous mining 
machine, or cutting machine and loading machine will be calibrated on 
the shift prior to mining the well.
    (7) When mining is in progress, tests for methane will be made with 
a hand-held methane detector at least every 10 minutes from the time 
that mining with the continuous mining machine or longwall face is 
within 30 feet of the well until the well is intersected and 
immediately prior to mining through it. During the actual cutting 
process, no individual will be allowed on the return side until mine-
through has been completed and the area has been examined and declared 
safe. All workplace examinations will be conducted on the return side 
of the shearer while the shearer is idle.
    (8) When using continuous or conventional mining methods, the 
working place will be free from accumulations of coal dust and coal 
spillages, and rock dust will be placed on the roof, rib and floor to 
within 20 feet of the face when mining through the well. On longwall 
sections, rock dusting will be conducted and placed on the roof, rib 
and floor up to both the headgate and tailgate gob.
    (9) When intersecting an un-grouted hydro-fractured coalbed methane 
well in the Jawbone Seam, a high negative pressure blower with a 
minimum of negative 50 psi static pressure will be installed at the 
surface of the well and activated before the active face is a minimum 
distance of 500 feet from the well. The blower will be deactivated when 
the active face is a distance of 25 feet from the well. Alternatively, 
pressurized water may be used in lieu of a blower. A volume of fresh 
water sufficient to fill the hydro-fractured zone and the vertical well 
to the surface will be injected into the well, and the water level will 
be supplemented as required. When the active face encounters water from 
the injected well, if necessary, the well will be bailed to 
approximately the Jawbone Seam level. During the cut-through process, 
the surface of the well will be maintained in an open position to bring 
the vertical section of the wellbore to outside atmospheric pressure.
    (10) When the wellbore is intersected, all equipment will be de-
energized and the place thoroughly examined and determined safe before 
mining is resumed.
    (11) After a well has been intersected and the working place 
determined safe, mining will continue inby the well at a distance 
sufficient to permit adequate ventilation around the area of the well.
    (12) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. However, in rare instances, torches 
may be used for inadequately or inaccurately cut or milled casings. No 
open flame will be permitted in the area until adequate ventilation has 
been established around the wellbore and methane levels of less than 
1.0% are present in all areas that will be exposed to flames and sparks 
from the torch. The operator will apply a thick layer of rock dust to 
the roof, face, floor, ribs and any exposed coal within 20 feet of the 
casing prior to use of torches.
    (13) Non-sparking (brass) tools will be located on the working 
section and will be used to expose and examine cased walls.
    (14) No person will be permitted in the area of the mine-through 
operation except those actually engaged in the operation, company 
personnel, representatives of the miners, personnel from MSHA, and 
personnel from the appropriate State agency.
    (15) The operator will alert all personnel in the mine to the 
planned intersection of the well prior to their going underground if 
the planned intersection is to occur during their shift. This warning 
will be repeated for all shifts until the well has been mined through.
    (16) The mine-through operation will be under the direct 
supervision of a certified official. Instructions concerning the mine-
through operation will be issued only by the certified official in 
charge.
    (17) The petitioner will file a plugging certification setting 
forth the persons who participated in the work, a description of the 
plugging work, and a certification by the petitioner that the well has 
been plugged.
    (18) All miners involved in the mine-through will be trained 
regarding the requirements of the proposed terms and conditions of this 
petition prior to mining within 150 feet of the next well intended to 
be mined through.
    (19) Within 30 days after the decision becomes final, the 
petitioner will submit proposed revisions for its approved mine 
emergency evacuation and firefighting plan required by 30 CFR 75.1501. 
The petitioner will revise the plans to include the hazards and 
evacuation procedures to be used for well intersections. All 
underground miners will be trained in this revised plan within 30 days 
of the submittal of the revised evacuation plan.
    The petitioner asserts that the proposed alternative methods will 
at all times guarantee no less than the same measure of protection 
afforded the miners as the existing standard.
    Docket Number: M-2013-023-C.
    Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New 
Mexico 87421.
    Mine: San Juan Mine 1, MSHA I.D. No. 29-02170, located in San Juan 
County, New Mexico.
    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 higher maximum lengths on various trailing 
cables for the three-phase, 995-volt shuttle cars. The petitioner 
proposes to use the following three optional methods of operation:
    (1) Incorporate an inline breaker box with 500 feet of No. 2/0 
American Wire Gauge (AWG) 2kV, Type SHD-GC cable from the section 
transformer with 850 Feet of No. 2 AWG 2kV, Type G+GC cable to the 
shuttle car.
    (2) Incorporate a single length 1000-foot cable of No. 2 AWG 2kV, 
Type G+GC to the shuttle car from the section transformer.
    (3) Incorporate 500 feet of No. 2/0 AWG 2kV, Type SHD-GC cable from 
the section transformer to a multi-circuit distribution box with 850 
feet of No. 2

[[Page 35980]]

AWG 2kV, Type G+GC cable to the shuttle car. Two shuttle cars will be 
powered from the distribution box.
    The petitioner states that:
    (1) The one-line diagrams and short-circuit calculation models 
included in the calculations reflect the actual existing San Juan Mines 
high-voltage electrical distribution system and continuous miner 
section electrical power distribution to be utilized. All three of the 
petitioner's options of operation have been included in the one-line 
diagrams and short-circuit analysis.
    (2) The shuttle cars are rated at 995 volts root mean square (RMS) 
nominal, three-phase, 60 hertz. The nominal voltage of the continuous 
mining machine section electrical distribution system will not exceed 
1,000 volts and 480 volts for the respective section transformer 
secondary voltages. Actual voltage at which the circuits or systems 
operate may vary slightly from the nominal voltage within a range that 
permits satisfactory operation of the equipment.
    The petitioner further states that:
    The first optional method of operation will be as follows:
    (1) The maximum length of the trailing cable supplying three-phase, 
995-volt power to the inline shuttle car breaker box will not exceed 
500 feet of No. 2/0 AWG, 3C, 2kV, SHD-GC cable.
    (2) All circuit breakers located in the section transformer used to 
protect the No. 2/0 AWG, 3C, 2kV, SHD-GC trailing cables 500 feet in 
length and supply 995-volt, three-phase power to the shuttle car inline 
breaker box will have instantaneous trip unit(s) in the section 
transformer adjusted to trip at 1,500 amperes.
    (3) Replacement circuit breakers and/or instantaneous trip units, 
used to protect No. 2/0 AWG, 3C, 2kV, SHD-GC cables will be set to 
1,500 amperes. The maximum length of the trailing cable supplying 
three-phase, 995-volt power to the shuttle car will not exceed 850 feet 
of No. 2 AWG, 3C, 2kV, G+GC cable.
    (4) All circuit breakers in the shuttle car inline circuit breaker 
box used to protect the No. 2 AWG, 3C, 2kV, G+GC shuttle car trailing 
cables that exceed 700 feet in length and supply 995-volt, three-phase 
power to the shuttle car will have instantaneous trip unit(s) 
calibrated to trip at 800 amperes. The trip setting of these circuit 
breaker(s) will be sealed, and these circuit breakers will have 
permanent, legible labels. The label will identify the circuit 
breaker(s) as being specially calibrated circuit breaker(s) and as 
being suitable for protection No. 2 AWG, 3C, 2kV, G+GC cables. This 
label will be maintained legible.
    (5) Replacement circuit breakers and/or instantaneous trip units, 
used to protect the 995-volt, No. 2 AWG, 3C, 2kV, G+GC cables in the 
inline shuttle car breaker box will be calibrated to trip at 800 
amperes and this setting will be sealed.
    (6) The short-circuit calculations of print 75-503-001 ILB will 
include the inline breaker and enclosure that will power the shuttle 
car. The inline breaker box will be mounted near the section loading 
point and be supplied from the section transformer. There will be one 
inline breaker box for the shuttle car.
    The second optional method of operation will be as follows:
    (1) The maximum length of the trailing cable supplying three-phase, 
995-volt power to the shuttle car from the section transformer will not 
exceed 1,000 feet of No. 2 AWG, 3C, 2kV, G+GC cable.
    (2) All section transformer circuit breakers used to protect the 
No. 2 AWG, 3C, 2kV, G+GC trailing cables that exceed 700 feet in length 
and supply 995-volt, three-phase power to the shuttle car will have 
instantaneous trip unit(s) calibrated to trip at 800 amperes. The trip 
setting of these circuit breaker(s) will be sealed and will have 
permanent, legible labels. The label will identify the circuit 
breaker(s) as being specially calibrated circuit breaker(s) and as 
being suitable to protect No. 2 AWG, 3C, 2kV, G+GC cables. This label 
will be maintained legible.
    (3) Replacement circuit breakers and/or instantaneous trip units, 
used to protect the 995-volt, No. 2 AWG, 3C, 2kV, G+GC cables will be 
calibrated to trip at 800 amperes and this setting will be sealed.
    (4) The short-circuit calculations of print 75-503-002 SC will 
include power from the section transformer.
    The third optional method of operation will be as follows:
    (1) The maximum length of the trailing cable supplying three-phase, 
995-volt power to the distribution box will not exceed 500 feet of No. 
2/0 AWG, 3C, 2kV, SHD-GC cable.
    (2) All circuit breakers located in the section transformer used to 
protect the No. 2/0 AWG, 3C, 2kV, SHD-GC trailing cables 500 feet in 
length and supply 995-volt, three-phase power to the distribution box 
will have instantaneous trip unit(s) in the section transformer set to 
trip at 1,500 amperes.
    (3) Replacement circuit breakers and/or instantaneous trip units, 
used to protect No. 2/0 AWG, 3C, 2kV, SHD-GC cables will be set to trip 
at 1,500 amperes.
    (4) The maximum length of the trailing cable supplying three-phase, 
995-volt power to the shuttle car will not exceed 850 feet of No. 2 
AWG, 3C, 2kV, G+GC cable.
    (5) All circuit breakers in the distribution box used to protect 
No. 2 AWG, 3C, 2kV, G+GC shuttle car trailing cables that exceed 700 
feet in length and supply 995-volt, three-phase power to the shuttle 
car will have instantaneous trip unit(s) calibrated to trip at 800 
amperes. The trip setting of these circuit breaker(s) will be sealed, 
and these circuit breakers will have permanent legible labels. The 
label will identify the circuit(s) as being specially calibrated 
circuit breaker(s) and as being suitable to protect No. 2 AWG, 3C, 2kV, 
G+GC cables. This label will be maintained legible.
    (6) Replacement circuit breakers and/or instantaneous trip units 
used to protect the 995-volt, No. 2 AWG, 3C, 2kV, G+GC cables in the 
distribution box will be calibrated to trip at 800 amperes and this 
setting will be sealed.
    (7) The short-circuit calculations of print 75-503-003 DBB will 
include the distribution box that will power the shuttle cars. The 
distribution box will be mounted near the section loading point and be 
supplied from the section transformer. There will be one distribution 
box and it will power two shuttle cars.
    The petitioner also states that:
    (1) The short-circuit calculations that were performed show that 
the proposed alternative method will meet the following requirements:
    (a) Each trailing cable will be protected by an automatic three-
pole molded case circuit breaker equipped with a means to provide 
short-circuit, grounded-phase, under-voltage, and ground monitoring 
protection for its entire length.
    (b) The trailing cable short-circuit protection will be provided by 
means of an adjustable instantaneous trip unit that is integral to the 
circuit breaker that is set as required by 30 CFR 75.601-1, or 75 
percent of the minimum available fault current, whichever is less. The 
short-circuit calculations determine the minimum phase-to-phase fault 
current available for each cable size, type, and length desired to be 
extended to lengths greater than allowable by statutory provisions.
    (2) The trailing cables for the three proposed optional methods of 
operation will be protected by being hung on well-installed insulated 
hangers from the section transformer to the inline shuttle car breaker 
box and to the shuttle car

[[Page 35981]]

anchor under option 1, or from the section transformer to the shuttle 
car anchor under option 2, and from the section transformer to the 
distribution box and to the shuttle cars' anchors under option 3.
    (3) During each production shift, 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 circuit breaker settings do not 
have seals broken or removed. The weekly inspection examination record 
of this requirement will be kept by the operator and made available to 
an authorized representative of the Secretary and to the miners in the 
San Juan Mine 1.
    (4) Trailing cables that are not in safe operating condition will 
be removed from service immediately and repaired or replaced.
    (5) Each splice or repair in the trailing cables to the inline 
breaker box, distribution box and shuttle car will be made in workman-
like manner and in accordance with the instructions of the manufacturer 
of the splice or repair kit. 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.
    (6) If the mining methods or operating procedures cause or 
contribute to the damage of any trailing cable, the cable will be 
removed from service immediately, repaired or replaced, and additional 
precautions will be taken to ensure that in the future, the cable is 
protected and maintained in safe operating condition.
    (7) Permanent warning labels will be installed and maintained on 
the cover(s) of each specially calibrated circuit breaker indicating 
that the cable can only be connected to a circuit breaker that is set 
to trip at its pre-determined instantaneous value. The labels will warn 
miners not to change or alter the sealed short-circuit settings.
    (8) The petitioner's proposed alternative method will not be 
implemented until all miners who have been designated to examine the 
integrity of seals, verify the short-circuit settings, and examine 
trailing cables for defects and damage have received training.
    (9) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for its approved 
30 CFR part 48 training plan to the District Manager for the area where 
the mine is located. The proposed revisions will specify task training 
for miners designated to verify that the short-circuit settings of the 
specially calibrated circuit interrupting device(s) that protect the 
affected trailing cables do not exceed the specified setting(s). The 
training will include:
    (a) The hazards of setting short-circuit interrupting device(s) too 
high to adequately protect the trailing cables; and
    (b) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    The petitioner asserts that the proposed alternative method will at 
all times provide an equal or higher degree of safety as provided by 
the existing standard.

     Dated: June 10, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-14109 Filed 6-13-13; 8:45 am]
BILLING CODE 4510-43-P