[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Notices]
[Pages 43820-43823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18097]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: This notice is a summary of 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 September 23, 
2019.

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

[[Page 43821]]

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: Sheila McConnell, Office of Standards, 
Regulations, and Variances at 202-693-9447 (voice), 
[email protected] (email), or 202-693-9440 (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 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-2019-021-C.
    Petitioner: Monongalia County Coal Company, P.O. Box 72, Brave, 
Pennsylvania 15316.
    Mine: Monongalia County Mine, MSHA I.D. No. 46-01968, located in 
Monongalia County, West Virginia.
    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 seeks modification of the 
existing standard to permit trailing cable lengths of up to 1,000 feet 
in all sections.
    The petitioner states that:
    (1) The petitioner is developing longwall panels (gate sections) as 
part of a continuing mining cycle. The longwall development panels 
consist of a three or four entry system with a maximum of 300-foot 
blocks to improve roof and abutment pressure control during longwall 
mining. Petitioner states that ventilation is also improved by limiting 
the number of stoppings, which have a built-in ventilation pressure 
loss factor. Additionally, pillar stability is increased due to the 
increased block sizes associated with the necessity of longer trailing 
cables. There is a need for cable lengths greater than 600, 700, or 800 
feet for this development system.
    (2) The petitioner is also developing mains and submains sections 
as part of a continuing mining cycle. These sections consist of a six 
to eight entry system with a maximum of 300-foot blocks to improve roof 
and abutment pressure control during longwall mining. Petitioner states 
that ventilation is also improved by limiting the number of stoppings, 
which have a built-in ventilation pressure loss factor. Additionally, 
pillar stability is increased due to the increased block sizes 
associated with the necessity of longer trailing cables. There is a 
need for cable lengths greater than 600, 700, or 850 feet for this 
development system.
    (3) The need to add additional electrical components such as 
distribution boxes and/or electrical connections throughout the section 
to achieve required cable length is decreased.
    (4) Provided with this petition is a summary of short-circuit 
calculations justifying the instantaneous trip setting for the circuit 
breakers protecting the trailing cables supplying power to continuous 
mining section machines in the Monongalia County Mine.
    (5) As an alternative to specific compliance with 30 CFR 75.503, 
(18.35), the petitioner proposes the following:

--The petition applies only to trailing cable supplying three-phase, 
995-volt power to continuous mining machines and trailing cable 
supplying three-phase, 575-volt power to loading machines, shuttle 
cars, roofbolters, section ventilation fans, and de-gas drills.
--The maximum length of the 995- and 575-volt trailing cables will be 
1,000 feet.
--The 995-volt continuous mining machine trailing cables will not be 
smaller than 2/0. The 575-volt trailing cables for loading machines, 
small roof bolters, de-gas drills, and section ventilation fans will 
not be smaller than No. 2 American Wire Gauge (AWG). The 575-volt large 
roof bolters and AC shuttle car trailing cables will not be smaller 
than No. 4 AWG.
--All circuit breakers used to protect 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 will have a permanent, legible labels. Each 
label will identify the circuit breaker as being suitable for 
protecting 2/0 cables. The label will be maintained to be legible.
--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.
--All circuit breakers used to protect No. 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. The label will be maintained to be 
legible.
--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.
--All circuit breakers used to protect No. 4 AWG trailing cables 
exceeding 600 feet in length will have instantaneous trip units 
calibrated to trip at 500 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. 4 AWG cables. The label will be maintained to be 
legible.
--Replacement instantaneous trip units used to protect No. 4 AWG 
trailing cables, will be calibrated to trip at 500 amperes and this 
setting will be sealed or locked.
--At the beginning of each production shift, 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 settings stipulated in 
Paragraphs items 3, 4, and 5, under Item No. 5.

[[Page 43822]]

--Any trailing cable that is not in safe operating condition will be 
removed from service immediately and repaired or replaced.
--Each splice or repair in the trailing cables 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.
--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. Also, 
additional precautions will be taken to ensure that in the future the 
cable is protected and maintained in safe operating condition.
--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 the short-circuit settings.
--The petitioner's alternative method will not be implemented until all 
miners who have been designated to examine the integrity of seals or 
locks and to verify the short-circuit settings and proper procedures 
for examining trailing cables for defects and damage have received all 
the elements of training specified in this petition.
--Within 60 days after the proposed decision and order becomes final, 
the petitioner will submit proposed revisions for the approved 30 CFR 
part 48 training plan to the District Manager. The training will 
include the following elements:

    a. Mining methods and operating procedures that will protect the 
trailing cables against damage;
    b. The proper procedures for examining trailing cables to ensure 
the cables are in safe operating condition;
    c. The hazards of setting the circuit breakers too high to 
adequately protect the trailing cables; and
    d. How to verify that the circuit interrupting device(s) protecting 
the trailing cable(s) are properly set and maintained.
    The procedure as specified in 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.
    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.

    Docket Number: M-2019-022-C.
    Petitioner: Sunrise Coal, LLC, 12661 N Agricare Road, Oaktown, 
Indiana 47561.
    Mine: Oaktown Fuels No. 1, MSHA I.D. No. 12-02394, located in Knox 
County, Indiana.
    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, low-voltage or battery-powered electronic 
testing and diagnostic equipment to be used includes laptop computers; 
oscilloscopes; vibration analysis machines; cable fault detectors; 
point temperature and distance probes, infrared temperature devices; 
insulation testers; voltage, current, and resistance meters and power 
testers; electronic tachometers, signal analyzer and ultrasonic 
measuring devices; and other similar testing and diagnostic equipment.
    (2) 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, as 
defined in 30 CFR 75.153, to ensure equipment is being maintained in a 
safe operating condition.
    (3) The examinations of the nonpermissible, low-voltage or battery-
powered electronic testing and diagnostic equipment will include:

--Inspecting the contact points to ensure a secure connection to the 
battery;
--Reinserting the battery and powering up and shutting down to ensure 
proper connections; and
--Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.

    (4) The results of such inspections will be recorded in the 
examination book prior to the equipment being used underground and will 
be made available to MSHA and the miners at the mine, on request.
    (5) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible, low-voltage or battery-powered electronic testing 
and diagnostic equipment in or inby the last open crosscut.
    (6) Nonpermissible, low-voltage or battery-powered electronic 
testing and diagnostic equipment will not be used if methane is 
detected in concentrations at or above one percent. When a one percent 
or more methane concentration is detected while the nonpermissible, 
low-voltage or battery-powered electronic testing and diagnostic 
equipment is being used, the equipment will be deenergized immediately 
and withdrawn outby the last open crosscut.
    (7) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition.
    (8) All electronic testing and diagnostic equipment will be used in 
accordance with the manufacturer's recommendations.
    (9) Qualified personnel engaged in the use of electronic testing 
and diagnostic equipment will be trained to recognize the hazards and 
limitations associated with the use of such equipment.
    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.

    Docket Number: M-2019-023-C.
    Petitioner: Sunrise Coal, LLC, 12661 N Agricare Road, Oaktown, 
Indiana 47561.
    Mine: Oaktown Fuels No. 2, MSHA I.D. No. 12-02418, located in Knox 
County, Indiana.
    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, low-voltage or battery-powered electronic 
testing and diagnostic equipment to be used includes laptop computers; 
oscilloscopes; vibration analysis machines; cable fault detectors; 
point temperature and distance probes, infrared temperature devices; 
insulation testers; voltage, current, and resistance meters and power 
testers; electronic tachometers, signal analyzer and ultrasonic 
measuring devices; and other similar testing and diagnostic equipment.
    (2) 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, as 
defined in 30 CFR 75.153, to ensure equipment is being maintained in a 
safe operating condition.
    (3) The examinations of the nonpermissible, low-voltage or battery-

[[Page 43823]]

powered electronic testing and diagnostic equipment will include:

--Checking the instrument for any physical damage and the integrity of 
the case;
--Removing the battery and inspecting for corrosion;
--Inspecting the contact points to ensure a secure connection to the 
battery;
--Reinserting the battery and powering up and shutting down to ensure 
proper connections; and
--Checking the battery compartment cover or battery attachment to 
ensure that it is securely fastened.

    (4) The results of such inspections will be recorded in the 
examination book prior to the equipment being used underground and will 
be made available to MSHA and the miners at the mine, on request.
    (5) A qualified person, as defined in 30 CFR 75.151, will 
continuously monitor for methane immediately before and during the use 
of nonpermissible, low-voltage or battery-powered electronic testing 
and diagnostic equipment in or inby the last open crosscut.
    (6) Nonpermissible, low-voltage or battery-powered electronic 
testing and diagnostic equipment will not be used if methane is 
detected in concentrations at or above one percent. When a one percent 
or more methane concentration is detected while the nonpermissible, 
low-voltage or battery-powered electronic testing and diagnostic 
equipment is being used, the equipment will be deenergized immediately 
and withdrawn outby the last open crosscut.
    (7) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition.
    (8) All electronic testing and diagnostic equipment will be used in 
accordance with the manufacturer's recommendations.
    (9) Qualified personnel engaged in the use of electronic testing 
and diagnostic equipment will be trained to recognize the hazards and 
limitations associated with the use of such equipment.
    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 Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-18097 Filed 8-21-19; 8:45 am]
 BILLING CODE 4520-43-P