[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30347-30348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11433]


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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 Title 30 of the Code of Federal Regulations 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.

DATES: All comments on the petitions must be received by the MSHA's 
Office of Standards, Regulations, and Variances on or before June 15, 
2016.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the 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-2016-011-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Tom's Run Mine, MSHA I.D. No. 36-08525, located in Indiana 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480-volt trailing cables with a 
maximum length of 1100 feet when No. 2 American Wire Gauge (AWG) cable 
is used on DBT roof bolters. The petitioner states that:
    (1) The trailing cables for the 480-volt DBT bolters will not be 
smaller than No. 2 AWG cable.
    (2) All circuit breakers used to protect the No. 2 AWG trailing 
cable exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 714 amperes +/- 5%. The trip setting of these 
circuit breakers will be sealed to ensure that the settings on these 
breakers cannot be changed, and these circuit breakers will have 
permanent, legible labels. Each label will identify the circuit breaker 
as being suitable for protecting the cables as listed above.
    (3) Replacement circuit breakers and/or instantaneous trip units 
used to protect the No. 2 AWG trailing cable will be calibrated to trip 
at 714 amperes +/- 5%, and they will be sealed.
    (4) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with

[[Page 30348]]

the maximum calculated fault currents available.
    (5) During each production day, the trailing cables and the circuit 
breakers will be examined in accordance with all 30 CFR provisions.
    (6) Permanent warning labels will be installed and maintained on 
the load center identifying the location of each short-circuit 
protection device. These labels will warn miners not to change or alter 
the settings of these devices.
    (7) If the affected trailing cables are damaged in any way during 
the shift, the cable will be de-energized and repairs made.
    (8) The alternative method will not be implemented until all miners 
who have been designated to operate the bolters, or any other person 
designated to examine the trailing cables or trip settings on the 
circuit breakers, have received the proper training as to the 
performance of their duties.
    (9) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for their approved 
30 CFR part 48 training plans to the District Manager. These revisions 
will specify task training for miners designated to examine the 
trailing cables for safe operating condition and verify that the short-
circuit settings of the circuit-interrupting devices that protect the 
affected trailing cables do not exceed the settings specified 
previously in this petition. The training will include the following 
elements:
    (a) The hazards of setting short-circuit interrupting device(s) too 
high to adequately protect the trailing cables.
    (b) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    (c) Mining methods and operating procedures that will protect the 
trailing cables against damage.
    (d) Proper procedures for examining the trailing cables to ensure 
that the cables are in safe operating condition by visually inspecting 
the entire cable, observing the insulation, the integrity of splices, 
nicks and abrasions.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-11433 Filed 5-13-16; 8:45 am]
 BILLING CODE 4520-43-P