[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23941-23943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11037]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: 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 MSHA's Office 
of Standards, Regulations, and Variances on or before June 22, 2018.

ADDRESSES: You may submit your comments, identified by ``docket

[[Page 23942]]

number'' on the subject line, by any of the following methods:
    1. Email: [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: 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.

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 (Secretary) 
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-2018-014-C.
    Petitioner: Greenbrier Minerals, LLC, P.O. Box 446, Man, West 
Virginia 25635.
    Mine: Powellton No. 1 Mine, MSHA I.D. No. 46-09217, located in 
Logan County, West Virginia.
    Regulation Affected: 30 CFR 75.310(b)(1) (Installation of main mine 
fans).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the Powellton No. 1 Mine to feed power from 
a new, isolated surface substation via borehole feed to replenish power 
for future mine advancement and to provide power for the No. 3 Coal 
Branch fan installation.
    The petitioner states that:
    (1) Feeding of power will be from an isolated surface substation 
dedicated only to the borehole feed. This feed circuit will be a three-
phase, 12.47 KV High-Voltage Circuit that is run on open wire and poles 
with neutral and pilot, with the pilot wire mounted on separate 
insulators the entire length. The system circuit breaker will be 
controlled by an SEL-501-2 Digital Fault Relay, and wire and cable 
grounds will be monitored by an MCI 22701 impedance monitor.
    (2) A surface Gang Operated Air Break (GOAB) switch is located at 
the top of the borehole with Lightning Arrestors on each phase. The 
Lightning Arrestors will be grounded by attaching a 15 KV rated cable 
that will be placed at a minimum of 25 feet away from the borehole 
structure or station ground field.
    (3) The borehole cable will be a Mine Power Feeder (MPF) 
constructed cable, 15 KV, 4/0-3 Conductor SHD (Shield) GGC. The cable 
will be hung by wire messenger and supported at the top rim and every 
subsequent 100 feet span. All messenger and apparatus at the borehole 
location will be grounded to the station ground field in accordance 
with current MSHA, West Virginia Office of Miners HS&T, and applicable 
NEC Code regulations.
    (4) At the exit of the bottom of the borehole, the cable will enter 
a Mining Controls, Dual Vacuum Breaker Switch House (A). The switch 
house features AEEI A8200, diode terminated, ground monitors and SEL-
751A Digital Fault Relays. It will also feature three phase Tavrida 
Electric Vacuum Breakers rated 800A, 15KV, 20kAIC.
    (5) One circuit from the Dual Vacuum Switch House (A) will be 
dedicated to feed into a second Dual Vacuum Switch House (B) which will 
send refreshed power to petitioner's Section 2 and Section 3 Continuous 
Miner Sections. This switch house features AEEI A8200, diode 
terminated, ground monitors and SEL-501-2 Digital Fault Relays. It will 
also feature three phase MCI Electric Vacuum Breakers rated 600A, 15KV, 
20kAIC.
    (6) The other circuit from the Dual Vacuum Switch House (A) will be 
dedicated to feed only the fan circuit which is approximately 12,000 
feet to the portal. The supplying cable will be a Mine Power Feeder 
(MPF) constructed cable, 15 KV, 4/0-3 Conductor SHD (Shield) GGC. The 
cable will be terminated at a Pole Mounted, GOAB Switch with Lightning 
Arrestors. The lightning arrestors will be grounded by attaching a 15 
KV rated cable that will be placed at a minimum of 25 feet away from 
all station grounds. The pilot and ground will be terminated in an 
enclosure with an ``Emergency Stop'' switch located near the fan 
controls.
    (7) Power will enter on the primary side of a set of three 167KVA 
(12.4KV-Delta X 480V-WYE) pole mounted transformer cans. These cans are 
fuse protected and have lightning arrestors for each phase. These 
lightning arrestors will be grounded by attaching a 15 KV rated cable 
that will be placed at a minimum of 25 feet away from station grounds. 
The secondary side of the transformers (480V AC) will feed into a 
(Fully Automated Transfer Switch) and then to the Fan VFD Motor 
Starter, that will power the 250 horsepower fan motor.
    (8) The alternate power source is a Caterpillar Generator XQ300-C9 
(300 KW) feeding the fully automatic transfer switch 480V AC power 
anytime there is a power interruption. The generator will start, the 
transfer switch will switch to generator supplied power, and the whole 
process takes approximately 39 seconds for the fan to be running at the 
set capacity. The generator has a fuel tank capacity of 430 gallons and 
the fan has a fuel consumption rate of 18.6 gallons per hour. 
Therefore, the fan can run from the generator for approximately 23 
hours from the onboard tank. There is also an additional supply tank to 
fill the generator tank that holds 1,000 gallons of fuel, providing an 
additional run time of 53 hours plus. This will allow time to 
troubleshoot, repair, test, and reenergize the High-Voltage Feeder 
Circuit or have additional fuel delivered to the site.
    (9) All normal backup notification systems will be installed 
including radio remote warning signals that the fan is not running, 
fiber-optic communication, and security cameras monitoring the site.
    (10) The petitioner operates the affected underground coal mine 
which additional power feeds are required to replenish power to two 
working sections and supply power to the #3 Coal Branch Fan 
Installation.

[[Page 23943]]

    (11) The #3 Coal Branch Fan will be installed to meet Ventilation 
Plan requirements as set forth in petitioner's Ventilation Plan.
    (12) There is no Three-Phase Utility Power of any voltage available 
within 9.5 miles.
    (13) The borehole location is very remote, approximately 2.2 miles 
from the substation location, thus would be considered a security risk 
for damage should the substation be placed there. Mine personnel can be 
at the borehole location in approximately 45 minutes vs. 5 minutes 
travel to the current location that is located behind the Preparation 
Plant of the Main Substation.
    (14) Mining is being conducted by another mining company which 
intersects with Greenbrier Minerals property line. Petitioner states 
that it could get right of way to build across the other company 
property line but in subsequent years would have to move two sections 
of power line, and our substation would be in a blasting area that 
could lead to damage from flying debris, air-shock, and ground 
vibrations.
    (15) The petitioner requests that the Powellton #1 Mine be allowed 
to feed both mine power systems and petitioner's #3 Coal Branch Fan 
Installation on one system where such occurrences of a fault trip on 
the main feed would be kept to a minimum by utilizing the dual series 
vacuum breaker configuration. In those rare instances where the dual 
vacuum breaker configuration should fail, petitioner has included a 
fully automatic system with a transfer switch and generator that will 
restore power to the #3 Coal Branch Fan in less than one minute.
    (16) The proposed modification would not only ensure operable 
ventilation, it would also ensure through weekly functional testing 
that the alternate power supply would function as intended and 
adequately maintain mine ventilation.
    The petitioner asserts that the proposed alternative method will 
achieve the purpose of the existing standard and will always guarantee 
no less than the same measure of protection afforded by the standard.
    Docket Number: M-2018-005-M.
    Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road 
85, Green River, Wyoming 82935.
    Mine: Solvay Chemicals, Inc. Mine, MSHA I.D. No. 48-01295, located 
in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.4760(a) (Shaft mines).
    Modification Request: The petitioner states that the fire control 
doors located near the #3 shaft in this Class III Gassy Mine presents a 
diminution of safety to the miners because the installation of control 
doors or the reversal of mechanical ventilation would affect the main 
air currents and splits, thus adversely impacting the ventilation 
system's ability to render and dilute concentrations of toxic gases or 
methane gas. Additionally, the installation of control doors or the 
reversal of mechanical ventilation can only be achieved by shutting 
down the mine's main exhaust fans. Due to the expanse of the mine, 
evacuation of all personnel underground to the surface in ten minutes 
or less is not an alternative means of compliance with the standard.
    The petitioner seeks to remove the fire control doors and requests 
a modification of the existing standard to permit the use of 
alternative controls in lieu of the installation of control doors.
    The petitioner states that:
    (1) It requests a modification of 30 CFR 57.4760(a), that 
authorizes the petitioner to establish an alternative method in lieu of 
the mandatory safety standard. The petitioner considers the following 
alternatives to the installation of control doors as acceptable means 
to control the spread of fire, smoke, and toxic gases underground in 
the event of a fire specific to the petitioner's mine:
    (a) The petitioner currently has four shafts constructed of non-
combustible materials. All four existing shafts will be provided with a 
means of hoisting mine personnel. At all times, two properly maintained 
escapeways to the surface from the lowest levels will be maintained.
    (b) Conveyor belting used underground will be 2G compliant or meet 
the equivalent flame spread rating.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will provide the same measure of protection 
afforded by the standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-11037 Filed 5-22-18; 8:45 am]
 BILLING CODE 4520-43-P