[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Notices]
[Pages 57508-57509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24913]


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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 a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before December 17, 
2018.

ADDRESSES: You may submit your comments, identified by ``docket 
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 a copy of the petition 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 (fax). [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. Petition for Modification

    Docket Number: M-2018-019-C.
    Petitioner: Knight Hawk Coal, LLC, 1710 State Route 154, 
Pinckneyville, Illinois 62274.
    Mine: Prairie Eagle Underground Mine, MSHA I.D. No. 11-03147, 
located in Perry County, Illinois.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible, low-voltage or 
battery-powered electronic testing and diagnostic equipment in or inby 
the last open crosscut.
    The petitioner states that:
    (1) The nonpermissible 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 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 MSHA's District office.
    (5) All nonpermissible, low-voltage or battery-powered 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 ensure 
equipment is being maintained in a safe operating condition.
    (6) The results of such inspection 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

[[Page 57509]]

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 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 
troubleshoot under actual mining conditions. Coal may remain in or on 
the equipment in order to test and diagnose the equipment under load. 
Accumulations of coal and combustible materials referenced in 30 CFR 
75.400 will be removed before testing begins to provide additional 
safety to 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 such 
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 inspected the equipment and 
determined that it is in compliance with all the above terms and 
conditions.
    (15) Cables supplying power to low-voltage testing and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment is unavailable.
    (16) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for its 
approved 30 CFR part 48 training plan to the District Manager. The 
revisions will specify initial and refresher training regarding the 
terms and conditions in the PDO.
    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.

Roslyn B. Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-24913 Filed 11-14-18; 8:45 am]
 BILLING CODE 4520-43-P