[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Notices]
[Pages 30169-30172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12112]


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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 June 26, 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: Sheila McConnell, Acting 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-2014-015-C.
    Petitioner: Luminant Mining Company, P.O. Box 1359, Tatum, Texas 
75691.
    Mine: Liberty Strip Mine, MSHA I.D. No. 41-04964, located in Rusk 
County, Texas.
    Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits 
on high-voltage resistance grounded systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance when 
the boom/mast is raised or lowered during necessary repairs. The 
petitioner states that:
    (1) Some stages of assembly/disassembly of draglines require 
special consideration when the boom/mast is raising/lowering into 
position.
    (2) The boom is raised/lowered utilizing the on-board motor 
generator sets. This process is critical because during this time, 
power to the machine, as much as possible, must not be interrupted. 
Power loss may result in the boom becoming uncontrolled and falling, 
and could injure workers. To address this condition, the petitioner 
proposes to use the following guidelines to help prevent loss of power 
to the machine. This procedure only addresses raising/lowering the boom 
of draglines utilizing the machine's electrical onboard motor generator 
sets. It does not replace other mechanical precautions or the 
requirements of 30 CFR 77.405(b) that are necessary to safely secure 
booms/masts during construction or maintenance procedures.
    (3) The operator/contractor will develop and implement written 
procedures that will:
    (a) Limit the number of persons needed on board the machine during 
the boom/mast raising/lowering. Only those persons critical to 
performing necessary functions will be permitted on board the machine.
    (b) Explain the methods to be used to prevent off-board persons 
from contacting the frame cable of the machine. The area around the 
machine will be roped off or guarded.
    (c) Prohibit other work activities in close proximity to the 
machine during the boom/mast operation.
    (d) Establish a responsible person(s) at the work site who is 
familiar with all the requirements and is able to communicate at all 
times with the qualified person(s) at the substation. The responsible 
person(s) must remain at the work site during the boom/mast raising/
lowering.
    (e) Ensure that all persons involved with the boom/mast raising/
lowering are familiar with the safety precautions.
    (4) An MSHA-qualified electrician will complete an examination of 
all electrical components that will be energized during the boom 
raising/lowering process. The examination will be done within 2 hours 
prior to the boom raising/lowering process. A record of the examination 
will be made available for review. The machine will be deenergized to 
perform this examination.
    (5) After the examination has been completed, electrical components 
necessary to complete the boom raising/lowering process will be 
energized to assure they are operating properly as determined by the 
MSHA-qualified electrician.
    (6) The ground fault and ground check circuits may be disabled 
provided:
    (a) The internal ground conductor of the trailing cable has been 
tested and is continuous from the frame of the dragline to the 
grounding resistor located at the substation. Utilizing the ground 
check circuit and disconnecting the pilot circuit and the machine frame 
and verifying the circuit breaker cannot be closed will be an 
acceptable test. Resistance measurements can also be used to assure the 
ground conductor is continuous. The grounding resistor will be tested 
to assure it is properly connected and is not open or shorted;
    (b) Normal short circuit protection will be provided at all times. 
The overcurrent relay setting may be

[[Page 30170]]

increased up to 100% above its normal setting.
    (7) During the boom raising/lowering procedure an MSHA-qualified 
electrician(s) will be positioned at the substation and dedicated to 
monitoring the grounding circuit. The qualified person(s) will be able 
to detect a grounded phase condition, or an open ground conductor, 
without being exposed to shock hazards. The person(s) at the substation 
will at all times maintain communications with a responsible person at 
the dragline. If a grounded phase condition, or an open ground wire, 
should occur during the process, the person at the substation will 
notify the responsible person at the dragline. All persons on board the 
machine must be aware of the condition and must remain on board the 
machine. The boom will be controlled and the electrical circuit 
deenergized until the condition is corrected. The ground fault and 
ground check circuits will be reinstalled prior to reenergizing and 
testing. Once the circuits have been tested and no adverse conditions 
are present, the boom raising/lowering procedure may be resumed.
    (8) During the boom raising/lowering procedure, persons are not 
permitted to get on/off the dragline while the ground check and ground 
fault circuits are disabled unless the circuit to the dragline is de-
energized, locked and tagged out as verified by the qualified person at 
the substation.
    (9) After the boom raising/lowering is completed the responsible 
person at the dragline will notify the qualified person(s) at the 
substation. The qualified person(s) will deenergize the circuit and 
restore the protective relays to their normal setting. Prior to 
reenergizing the circuit for normal operation, the circuit and its 
protective relays will be tested and examined as described in 30 CFR 
77.800-1. The ground check will be tested by opening the ground check 
circuit at the machine to verify the circuit breaker cannot be closed. 
A record of the test and examination will be recorded as described in 
30 CFR 77.800-1. Following completion of the test and examination, 
normal work can begin.
    (10) Luminant will ensure that during the boom/mast raising/
lowering all requirements listed in 30 CFR are complied with, except as 
explained above. It is paramount that the requirements for lock/tag out 
are followed, including grounding when required.
    The petitioner asserts that the proposed alternative method will 
not result in a diminution of safety to the miners.
    Docket Number: M-2014-016-C.
    Petitioner: Cliffs Natural Resources, Inc., Cliffs Logan County 
Coal, LLC, P.O. Box 446, Man, West Virginia 25635.
    Mine: Saunders Preparation Plant, MSHA I.D. No. 46-02140, located 
in Logan County, West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests an amendment to its 
previously granted petition for modification, docket number M-2009-049-
C, to seal a total of 18 abandoned mine portals within the limits of 
the North Fork Coal Refuse Facility, I.D. No. WV04-02140-01, in the 
Upper Winifrede and Buffalo Creek seams of coal. In the previous 
petition, the petitioner proposed to construct seals one through ten in 
portals associated with the Upper Winifrede Seam. Three of these seams, 
Numbers 8, 9, and 10, were proposed at the northernmost portal of the 
Buffalo Mining No. 8-C Mine.
    The petitioner states that:
    (1) When attempting to uncover entries Numbers 8, 9 and 10 to seal 
them, only two entries were found rather than the three proposed in the 
previous petition and approved in the Proposed Decision and Order 
(PDO).
    (2) Excavation was done on either side of the two exposed entries 
to the extent that an additional opening should have been revealed if 
it had existed. The coal seam and overburden were still in place on 
what should have been the portal bench for the third entry. Instead of 
continuing in line with the exposed mine entries, the base of the 
highwall flared, or projected out toward the coal outcrop on both sides 
of the two entries. On this basis it can reasonably be concluded that 
there are only two mine entries at this site.
    (3) The only discernible date on the 8-C mine map is 1972, 
presumably at the time of mine closure. While it is currently common 
practice, as mandated by law, to open at least three entries at a 
portal site, this was not a requirement at the time portal Mine No. 8-C 
was established.
    (4) It is evident that it was erroneously concluded that there were 
three entries at this portal when the petition for modification was 
being prepared for submittal. A close examination of the 8-C mine map 
reveals that only two of the entries at the portal are shown to be 
open.
    (5) The locations of the two openings, along with the existing 
highwall, were recently verified by field survey. In view of these 
findings the petitioner is requesting that entry No. 8 be deleted from 
the PDO.
    (6) Drainage will be provided for entry No. 10 as originally 
proposed, but the drain will be directed to the outlet near the left 
groin ditch at elevation 2078 rather than in the center 
underdrain since that is now covered with 125 to 130 feet of refuse.
    The petitioner asserts that the alternative method provides the 
same degree of safety as the existing standard.
    Docket Number: M-2014-017-C.
    Petitioner: AK Coal Resources, Inc., 1134 Stoystown Rd., Friedens, 
Pennsylvania 15541.
    Mine: North Fork Mine, MSHA I.D. No. 36-10041, located in Somerset 
County, Pennsylvania.
    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 increase the cable length of the cables supplying 
power to four Fletcher Roof Ranger II Roof Bolters. Utilization voltage 
for these machines is 480 volts, three-phase alternating current. The 
petitioner states that:
    (1) The maximum length of the 480-volt trailing cables will be 
1,000 feet.
    (2) The trailing cables for the Roof Bolters will not be smaller 
than No. 2 American Wire Gauge (AWG) cable.
    (3) All circuit breakers used to protect the No. 2 AWG trailing 
cables exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 727 amperes at 10 percent guaranteed tolerance. 
The trip settings of these circuit breakers will be sealed to insure 
the trip setting cannot be changed, and these breakers will have 
permanent, legible labels. Each label will identify the circuit breaker 
as being suitable for protecting the No. 2 AWG cables.
    (4) Replacement breakers and/or instantaneous trip units, used to 
protect the No. 2 AWG trailing cables will be calibrated to trip at 727 
amperes at 10 percent guaranteed tolerance, and this setting will be 
sealed.
    (5) All components that provide short-circuit protection will have 
sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (6) During each production day, the No. 2 AWG trailing cables and 
the circuit breakers will be examined in accordance with all 30 CFR 
provisions.
    (7) Permanent warning labels will be installed and maintained on 
the loads center identifying the location of each short-circuit 
protective device. These labels will warn miners not to change or alter 
the settings of these devices.

[[Page 30171]]

    (8) If the affected trailing cables are damaged during the shift, 
the cable will be deenergized and repairs will be made.
    (9) The proposed alternative method will not be implemented until 
all miners who have been designated to operate the Roof Ranger II, or 
other persons designated to examine the trailing cables or trip 
settings on the circuit breakers, have received proper training.
    (10) 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 hazards of setting the short-circuit interrupting device(s) 
too high to adequately protect the trailing cables;
    (ii) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained;
    (iii) The mining methods and operating procedures that will protect 
the trailing cables against damage; and
    (iv) The proper procedures for examining the trailing cables to 
ensure that the cables are in safe operating condition by visual 
inspection of the entire cable, observing the insulation, the integrity 
of the splices, nicks and abrasions.
    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-2014-003-M.
    Petitioner: Southwest Energy LLC, 950 17th Street, Suite 2600, 
Denver, Colorado 80202.
    Mines: Bald Mountain Mine, MSHA I.D. No. 26-01842, located in White 
Pine County, Nevada; Freeport-McMoRan Morenci Inc. Mine, MSHA I.D. No. 
02-00024, located in Greenlee County, Arizona; Freeport-McMoRan Bagdad 
Inc., MSHA I.D. No. 02-00137, located in Yavapai County, Arizona; 
Freeport-McMoRan Sierrita, Inc., MSHA I.D. No. 02-00144, located in 
Pima County, Arizona; Thompson Creek Mine, MSHA I.D. No. 10-00531, 
located in Custer County, Idaho; Carlin Mine, MSHA I.D. No. 26-00062, 
located in Eureka County, Nevada; Phoenix Mine, MSHA I.D. No. 26-00550, 
located in Lander County, Nevada; Barrick Cortez Inc., MSHA I.D. No. 
26-00827, located in Lander County, Nevada; Goldstrike Mine, MSHA I.D 
No. 26-01089, located in Eureka County, Nevada; Robinson Operation, 
MSHA I.D. No. 26-01916, located in White Pine County, Nevada; Twin 
Creeks Mine, MSHA I.D. No. 26-01942, located in Humboldt County, 
Nevada; Florida Canyon Mine, MSHA I.D. No. 26-01947, located in 
Pershing County, Nevada; Ruby Hill Mine, MSHA I.D. No. 26-02307, 
located in Eureka County, Nevada; Tyrone Mine, MSHA I.D. No. 29-00159, 
located in Grant County, New Mexico; Chino Mines Co Mine, MSHA I.D. No. 
29-00708, located in Grant County, New Mexico; Freeport McMoRan Miami 
Inc., MSHA I.D. No. 02-00112, located in Gila County, Arizona; Marigold 
Mine, MSHA I.D. No. 26-02081, located in Humboldt County, Nevada; and 
Carlota Copper Company, MSHA I.D. No. 02-02653, located in Gila County, 
Arizona.
    Regulation Affected: 30 CFR 56.6801 (Vehicle repair).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit routine repair and maintenance work to be 
performed on its bulk trucks in its own specialized Southwest Energy 
shops at the Bald Mountain Mine and at the other mines for which 
Southwest Energy works, because application of the existing standard 
will result in a diminution of safety to the miners. The petitioner 
states that:
    (1) The Bald Mountain mine has been in operation since 1984 during 
which time it has been inspected by MSHA at least twice per year. For 
the past 40 years Southwest Energy has routinely parked bulk equipment 
in company garage facilities at the Mine to address climate, security, 
and safety issues that may arise from working outdoors. Prior to July 
2013, only one citation asserting that Sec.  56.6801 applied to the 
parking of bulk equipment in the Southwest Energy shops for maintenance 
and repair has ever been upheld. Section 56.6801 specifically applies 
to vehicles containing both explosive material and oxidizers. The 
standard provides that vehicles containing explosive material and 
oxidizers should not be taken into a garage or shop, and is worded in 
such a manner that acknowledges the likelihood of a dangerous condition 
occurring only in the presence of both of these elements. According to 
the standard, where both explosive materials and oxidizers are present 
on a vehicle, that vehicle should not be taken into a repair garage or 
shop at any time.
    (2) While Southwest Energy routinely takes steps to ensure that 
mixed blasting agents, un-sensitized emulsion, ammonium nitrate/fuel 
oil (ANFO), or any combination of these are not present in their bulk 
trucks when they are taken into shops, it is not always possible to 
ensure that trace amounts of blasting agents are not present in spite 
of those efforts. Additionally, it is possible, although not common, 
that a mechanical condition that is best addressed in the shop will 
arise in such a way as to preclude trying to empty all remnants of 
blasting agents from the augers before it can be repaired. It is 
situations like these that Southwest Energy seeks a modification of the 
standard.
    (3) It is clear that the purpose of Sec.  56.6801 is to keep 
potentially explosive material out of an environment where open flames 
or sparks are likely to occur. Southwest Energy's established practice 
is to both empty and thoroughly wash the bulk trucks of all ingredients 
before any hot work is performed on the equipment. Southwest Energy has 
issued a ``Hot Work Program'' which details exactly how to clean and 
inspect all trucks prior to any repairs or maintenance.
    (4) Attempting to perform repairs on bulk trucks outdoors creates a 
host of hazards. Although it is required that a job hazard assessment 
be performed prior to each hot work job or task, there are many 
hazardous conditions that arise outside of Southwest Energy's control, 
primarily exposure to climate. Working in an open area exposes the 
miner to dust, wind, rain, excessive cold and heat and any number of 
conditions that increase the chance of an accident.
    (5) Southwest Energy has shops in areas that experience both 
extremely cold and hot temperatures, and to perform work outdoors is of 
the utmost concern in terms of safety. The problem of climate 
conditions is further aggravated by the fact that it is not always 
possible to create a smooth level surface on which to work when not 
inside of a structurally safe environment. If the ground is not level 
it becomes extremely difficult to set jacks or even outriggers to 
provide a level working surface for the job under consideration. Jack 
slippage on uneven or rough terrain presents multiple hazards not the 
least of which is the chance that a load would fall off of its support 
and on the miners. The work being performed often involves lifting 
heavy tools or components, the risk of trips, slips, falls, sprains, 
strains and perhaps even broken bones rises.
    (6) Southwest Energy has made every effort to never expose a bulk 
truck holding blasting agents to open flames or sparks. Still, the need 
to repair the equipment in question cannot be avoided. The danger of 
sparks and open flames to those performing maintenance presents 
different issues in terms of

[[Page 30172]]

minimizing these risks, but that does not justify subjecting 
maintenance personnel to a wide range of conditions that greatly 
increases their chances of being injured or killed.
    (7) Working within the company shops will provide miners with the 
ability to perform necessary work absent the standards' literal mandate 
that present a far more dangerous scenario.
    (8) Southwest Energy proposes to use the specific procedures listed 
below for compliance with the proposed alternative method for this 
petition:
    (a) All highly explosive materials and oxidizers will be removed to 
the greatest extent possible from vehicles prior to entering the 
Southwest Energy shops.
    (b) No hot work or open flames will be permitted within 50 feet of 
a vehicle containing blasting materials/agents.
    (c) Any vehicles entering a bay to conduct hot work (grinding), 
welding, or cutting with an open flame will be emptied of all 
explosives, including blasting materials/agents, and washed prior to 
entry.
    (d) A flashing light will be installed on top of the shop and on 
each bulk truck to warn anyone approaching that a truck used in the 
blasting process is in the bay.
    (e) A rope or gate with a warning sign will be extended across shop 
entrances when trucks used in the blasting process are in bays for 
repair or maintenance.
    (f) The number of persons working in the shops will be limited to 
the minimum required to conduct repair work or perform maintenance.
    (g) All welders, grinders, torches and tools used for welding and 
cutting will be placed in a cage inside of the bay and will be locked 
during maintenance or repairs.
    Individuals may review a complete description of the procedures the 
petitioner proposes to use for this petition at the MSHA address listed 
in this notice.
    The petitioner asserts that the proposed alternative method will 
provide at least the same measure of safety as the existing standard.

    Dated: May 16, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-12112 Filed 5-23-14; 8:45 am]
BILLING CODE 4510-43-P