[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Notices]
[Pages 36598-36602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14449]


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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 36599]]

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 18, 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 No: M-2013-024-C.
    Petitioner: Wolf Run Mining Company, 99 Edmiston Way, Buckhannon, 
West Virginia 26201.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    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 low-voltage or battery-
powered nonpermissible electronic testing and diagnostic equipment in 
or inby the last open crosscut in the Sentinel Underground Coal Mine. 
The petitioner states that:
    (1) The nonpermissible low-voltage or battery-powered electronic 
testing and diagnostic equipment would be limited to laptop computers, 
oscilloscopes, vibration analysis machines, cable fault detectors, 
point temperature probes, infrared temperature devices, signal analyzer 
devices, ultrasonic measuring devices, electronic component testers and 
electronic tachometers.
    (2) Permissible approved voltage measuring instruments are 
available and will be used when possible.
    (3) All other testing and diagnostic equipment used in or inby the 
last open crosscut will be permissible.
    (4) Other testing and diagnostic equipment may be used if approved 
in advance by the District Manager.
    (5) All nonpermissible low-voltage or battery-powered non-
permissible electronic testing and diagnostic equipment to be used in 
or inby the last open crosscut will be examined prior to use by a 
certified person to assure that the equipment is being maintained in a 
safe operating condition.
    (6) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (7) 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.
    (8) Nonpermissible electronic testing and 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.
    (9) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (10) Coal production will cease, except for the time necessary to 
trouble-shoot under actual mining conditions. Coal may remain in or on 
the equipment in order to test and diagnose the equipment under load. 
This change will require production to cease except during actual 
testing. Accumulations of coal and combustible materials referenced in 
30 CFR 75.400 will be removed before testing begins to provide 
additional safety to the miners.
    (11) Nonpermissible electronic test and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (12) All electronic and diagnostic equipment will be used in 
accordance with the manufacturer's recommended safe use procedures.
    (13) Qualified personnel engaged in the use of nonpermissible 
electronic testing and diagnostic equipment will be properly trained to 
recognize the hazards and limitations associated with the use of 
nonpermissible electronic testing and diagnostic equipment in areas 
where methane could be present.
    (14) The nonpermissible electronic testing and diagnostic equipment 
will not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all the above 
terms and conditions.
    (15) Cables supplying power to low-voltage test and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment are unavailable.
    The petitioner asserts that the proposed alternative method will 
guarantee no less than the same measure of protection afforded by the 
existing standard.
    Docket No: M-2013-025-C.
    Petitioner: Wolf Run Mining Company, 99 Edmiston Way, Buckhannon, 
West Virginia 26201.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    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 nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment in return 
airways in the

[[Page 36600]]

Sentinel Underground Coal Mine. The petitioner states that:
    (1) The nonpermissible low-voltage or battery-powered electronic 
testing and diagnostic equipment would be limited to laptop computers, 
oscilloscopes, vibration analysis machines, cable fault detectors, 
point temperature probes, infrared temperature devices, signal analyzer 
devices, ultrasonic measuring devices, electronic component testers and 
electronic tachometers.
    (2) Permissible approved voltage measuring instruments are 
available and will be used when possible.
    (3) All other testing and diagnostic equipment used in return 
airways will be permissible.
    (4) Other testing and diagnostic equipment may be used if approved 
in advance by the District Manager.
    (5) All nonpermissible low-voltage or battery-powered non-
permissible electronic testing and diagnostic equipment to be used in 
return airways will be examined prior to use by a certified person to 
assure that the equipment is being maintained in a safe operating 
condition.
    (6) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (7) 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 
airways.
    (8) Nonpermissible electronic testing and 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 out of the return 
airways.
    (9) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (10) Coal production will cease, except for the time necessary to 
trouble-shoot under actual mining conditions. Coal may remain in or on 
the equipment in order to test and diagnose the equipment under load. 
This change will require production to cease except during actual 
testing. Accumulations of coal and combustible materials referenced in 
30 CFR 75.400 will be removed before testing begins to provide 
additional safety to the miners.
    (11) Nonpermissible electronic test and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (12) All electronic and diagnostic equipment will be used in 
accordance with the manufacturer's recommended safe use procedures.
    (13) Qualified personnel engaged in the use of nonpermissible 
electronic testing and diagnostic equipment will be properly trained to 
recognize the hazards and limitations associated with the use of 
nonpermissible electronic testing and diagnostic equipment in areas 
where methane could be present.
    (14) The nonpermissible electronic testing and diagnostic equipment 
will not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all the above 
terms and conditions.
    (15) Cables supplying power to low-voltage test and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment are unavailable.
    The petitioner asserts that the proposed alternative method will 
guarantee no less than the same measure of protection afforded by the 
existing standard.
    Docket No: M-2013-026-C.
    Petitioner: Wolf Run Mining Company, 99 Edmiston Way, Buckhannon, 
West Virginia 26201.
    Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002 (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 nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment within 150 
feet of pillar workings in the Sentinel Underground Coal Mine. The 
petitioner states that:
    (1) The nonpermissible low-voltage or battery-powered electronic 
testing and diagnostic equipment would be limited to laptop computers, 
oscilloscopes, vibration analysis machines, cable fault detectors, 
point temperature probes, infrared temperature devices, signal analyzer 
devices, ultrasonic measuring devices, electronic component testers and 
electronic tachometers.
    (2) Permissible approved voltage measuring instruments are 
available and will be used when possible.
    (3) All other testing and diagnostic equipment used within 150 feet 
of pillar workings or longwall faces will be permissible.
    (4) Other testing and diagnostic equipment may be used if approved 
in advance by the District Manager.
    (5) All nonpermissible low-voltage or battery-powered non-
permissible electronic testing and diagnostic equipment to be used 
within 150 feet of pillar workings will be examined prior to use by a 
certified person to assure that the equipment is being maintained in a 
safe operating condition.
    (6) The results of the examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (7) 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 within 
150 feet of pillar workings.
    (8) Nonpermissible electronic testing and 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 further than 150 feet 
from pillar workings.
    (9) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (10) Coal production will cease, except for the time necessary to 
trouble-shoot under actual mining conditions. Coal may remain in or on 
the equipment in order to test and diagnose the equipment under load. 
This change will require production to cease except during actual 
testing. Accumulations of coal and combustible materials referenced in 
30 CFR 75.400 will be removed before testing begins to provide 
additional safety to the miners.
    (11) Nonpermissible electronic test and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (12) All electronic and diagnostic equipment will be used in 
accordance with the manufacturer's recommended safe use procedures.
    (13) Qualified personnel engaged in the use of nonpermissible 
electronic testing and diagnostic equipment will be properly trained to 
recognize the hazards and limitations associated with the use of 
nonpermissible electronic testing and diagnostic equipment in areas 
where methane could be present.
    (14) The nonpermissible electronic testing and diagnostic equipment 
will

[[Page 36601]]

not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance with all the above 
terms and conditions.
    (15) Cables supplying power to low-voltage test and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment are unavailable.
    The petitioner asserts that the proposed alternative method will 
guarantee no less than the same protection afforded by the existing 
standard.
    Docket No: M-2013-027-C.
    Petitioner: North American Drillers, 130 Meadow Ridge Road, Suite 
22, Mount Morris, Pennsylvania 15349.
    Mine: American Energy Corporation's Century Mine, MSHA I.D. No. 33-
01070, located in Belmont County, Ohio.
    Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
    Modification Request: The North American Drillers (petitioner) 
requests a modification of the existing standard to permit the use of a 
480-volt, three-phase, alternating current submersible pump, to dewater 
completed ventilation shafts prior to being put into service at the 
American Energy Corporation's Century Mine. The petitioner states that:
    (1) The three-phase, alternating current electric power circuit for 
the pump will be designed and installed to:
    (a) Contain either a direct or derived neutral wire that will be 
grounded through a suitable resistor at the source transformer or power 
center, and through a grounding circuit originating at the grounded 
side of the grounded resistor, that will extend along with the power 
conductors and serve as the grounding conductor for the frame of the 
pump. Power will not be supplied to any other electric equipment from 
this circuit. The borehole casing will be bonded to the system 
grounding medium.
    (b) Contain a grounding resistor that limits the ground-fault 
current to not more than 15 amperes. The grounding resistor will be 
rated for the maximum fault current available and will be insulated 
from the ground for a voltage equal to the phase-to-phase voltage of 
the system.
    (2) The following protections for the 480-volt pump circuit will be 
provided by a suitable circuit interrupting device of adequate 
interrupting capacity with devices to provide protection against under-
voltage, grounded-phase, short-circuit, and/or overload:
    (a) The under-voltage protection device will operate on a loss of 
voltage to prevent automatic restarting of the equipment.
    (b) The grounded-phase protection device will be set not to exceed 
40 percent of the current rating of the neutral grounding resistor.
    (c) The pump-power system will include a test circuit that will 
inject a test current through the ground phase transformer.
    (d) The short-circuit protection device will be set not to exceed 
the required short-circuit protection for the power cable or 75 percent 
of the minimum available phase-to-phase short-circuit current, 
whichever is less.
    (e) The circuit will include a disconnecting device located on the 
surface and be installed in conjunction with the circuit breaker to 
provide visual evidence that the power is disconnected.
    (f) The disconnecting device will include a means to determine 
visually that the pump power circuit is disconnected and provided with 
a means to lock and tag-out the system.
    (g) The pump power system will include a fail-safe ground-check 
circuit or other, no less effective, device approved by the Secretary 
that will cause the circuit breaker to open when either the ground or 
pilot wire is broken. A manually operated test switch will be provided 
to verify the operation of the ground-check device.
    (h) The pump power system will include a look-ahead circuit device 
to prevent closing the breaker when a phase to ground-fault condition 
exists on the system.
    (3) The pump(s) electric control circuit(s) will be designed and 
installed so that:
    (a) The pump(s) cannot start and/or run in either the manual or 
automatic mode if the water is below the low-water level.
    (b) The low-water probe will be positioned to maintain water above 
the electrical connections of the pump motor.
    (c) The low-water probe will be suitable for submersible pump 
control application.
    (d) All probe circuits will be intrinsically safe.
    (e) A motor controller will be provided and used for pump startup 
and shutdown.
    (4) The pump installation will be equipped with a water-level 
indicator located at the pump electric controls so that a miner can 
determine the water level at the pump location prior to restarting the 
pump motor.
    (5). The surface pump(s) control and power circuits will be 
examined, tested, and properly maintained in accordance with 30 CFR 
77.502 as follows:
    (a) A record of the examination will be kept in accordance with 30 
CFR 77.502-2.
    (b) The examination will include a functional test of the grounded 
phase protective device(s) to determine proper operation.
    (c) A record of these functional tests will be recorded in the 
approved examination of electric equipment record books.
    (d) Prior to placing the pump in service, an electrical examination 
will be performed.
    (6) The power cable to the submersible pump motor will be suitable 
for this application and have a current carrying capacity not less than 
125 percent of the full load motor current of the submersible pump 
motor.
    (7) Splices and connections made in low- and medium-voltage 
submersible pump cable(s) will be made in a workmanlike manner and will 
meet the requirements of 30 CFR 77.504.
    (8) The District Manager will be notified prior to construction via 
the required shaft plan for any blind drilled shaft when any 
submersible pump is to be utilized in dewatering any blind drill 
shaft(s).
    The petitioner further states that:
    (1) The petitioner will submit to the District Manager proposed 
revisions for the approved 30 CFR part 48 training plan that will 
specify task training for all qualified electricians who perform 
electric work and monthly electric examinations as required by 30 CFR 
77.502, refresher training regarding the alternative method outlined in 
this petition, and the terms and conditions stated in the Proposed 
Decision and Order. The training will include the following elements:
    (a) Training in hazards that could exist if the water level falls 
below the electric connections of the pump and pump motor.
    (b) Training in safe restart procedures that will include the miner 
determining that the water level is above the electric components and 
pump motor prior to attempting to manually restart the pump motor.
    (2) The procedures of 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.
    (3) When implementing the work of providing a blind drilled shaft 
for the mine operator, the blind drilled shaft remains full of water 
and personnel are never required to go below the collar of the blind 
drilled shaft.
    (4) The petitioner will remove water from the blind drilled shaft 
installation upon completion of the work prior to

[[Page 36602]]

the mine operator connecting the blind drilled shaft to the underground 
mine.
    (5) The blind drilled shaft is fully lined with steel casing and is 
grouted in place. This steel casing and grout seal isolate the 
completed blind drilled shaft from any coal seams mitigating any 
possibility for methane to enter the blind drilled shaft.
    (6) The electric motor of any submersible pump is located below the 
pump intake making it impossible for the motor to ever be above the 
surface of the water.
    (7) Currently there are no electric submersible motor/pump 
assemblies manufactured that will effectively pump water deeper than 
approximately 400 feet that are permissible as required in the existing 
standard.
    (8) The petitioner proposes to use permissible pumps to dewater 
blind drilled shafts where depths are less than approximately 400 feet.
    (9) At depths greater than approximately 400 feet, the alternative 
method outlined in this petition is consistent with prudent engineering 
design pursuant to 30 CFR 77.1900 whereas it minimizes the hazards to 
those employed in the initial or subsequent development of the blind 
drilled shaft.
    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 No: M-2013-028-C.
    Petitioner: Brody Mining, LLC, 33207 Pond Fork Rd., Wharton, West 
Virginia 25208.
    Mine: Brody Mine No. 1, MSHA I.D. No. 46-09086, located in Boone 
County, West Virginia.
    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 the use of the Getman Diesel Grader with 
rear wheel brakes only at the Brody Mine No. 1. The petitioner states 
that:
    (1) The maximum speed of the diesel grader will be limited to 10 
miles per hour by physically blocking the higher gear ratios that 
provide for speeds exceeding 10 miles per hour.
    (2) The miners that operate the grader will be trained to recognize 
the gear blocking device and its proper application and requirements.
    (3) The miners who operate the grader will be trained to drop the 
grader blade to provide additional stopping capability in emergencies.
    (4) The low speeds coupled with the availability of the grader 
blade for stopping in emergencies will provide for the appropriate 
stopping ability. The rear wheel brakes will be maintained in proper 
working condition at all times.
    (5) All other applicable requirements of the Federal Mine Safety 
and Health Act of 1977 and its corresponding regulations for the Getman 
grader will apply.
    (6) This petition is limited to the Getman diesel grader, Serial 
No. 6732.
    (7) The petitioner will submit to the District Manager proposed 
revisions for the approved 30 CFR part 48 training plan that will 
specify initial and refresher training consistent with the terms and 
conditions stated in this petition.
    The petitioner asserts that the proposed alternative method will 
guarantee no less than the same measure of protection to all miners as 
would be provided by the existing standard.

    Dated: June 13, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-14449 Filed 6-17-13; 8:45 am]
BILLING CODE 4510-43-P