[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]
BILLING CODE 4510-43-P