[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Notices]
[Pages 16233-16234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05995]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

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 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before April 21, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0013 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0013.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: S. Aromie Noe, Acting 
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 petition and 
comments during normal business hours at the address listed above. 
Before visiting MSHA in person, call 202-693-9455 to make an 
appointment, in keeping with the Department of Labor's COVID-19 policy. 
Special health precautions may be required.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (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 
(CFR) 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. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, Sec. Sec.  44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-004-C.
    Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, West 
Virginia 26238.
    Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 18.35(a)(5)(i), Portable (trailing) 
cables and cords.
    Modification Request: The petitioner seeks modification of the 
existing standard to permit 995-volt, 575-volt, and 480-volt trailing 
cable lengths up to 1,000 feet providing power to section equipment 
including continuous mining machine, roof bolters, shuttle cars, and 
auxiliary fans during: Initial bottom development; mains, sub-mains, 
and three-entry sections development; bleeder and recovery entries 
development; and mining around gas wells.
    The petitioner states that:
    (a) The mine is currently under construction.
    (b) The mine will utilize the room and pillar and longwall mining 
methods to extract coal and will employ approximately 375 coal miners.
    (c) A modification to the existing standard would enhance the 
safety of the miners by minimizing the number of power center moves, 
thereby reducing exposure to electrical hazards associated with cable 
handling.
    (d) Use of 1,000-foot cables would reduce the chance of a fire on a 
working section by allowing power centers to be farther from the 
working face.
    The petitioner proposes the following alternative method:
    (a) The maximum length of the 995-volt, 575-volt, and 480-volt 
trailing cables will be 1,000 feet.
    (b) The section equipment's trailing cables will not be smaller 
than No. 6 American Wire Gauge (AWG). At no time will a trailing cable 
be smaller than specified in the approval documentation for the 
machine.
    (c) All circuit breakers used to protect trailing cables exceeding 
the maximum length specified in 30 CFR 18.35(a)(5)(i) will have 
instantaneous trip units properly calibrated and adjusted to trip at no 
more than the smallest of the following values:
    (1) The setting specified in 30 CFR 75.601-1;
    (2) the setting specified in the approval documentation for the 
machine; or

[[Page 16234]]

    (3) 70 percent of the minimum phase-to-phase short-circuit current 
available at the end of the trailing cable.
    (d) The calibrated trip setting of the circuit breakers will be 
sealed, locked, or protected so that the setting cannot be changed.
    (e) The circuit breakers will have permanent, legible labels 
indicating the circuit, cable size, maximum cable length, and the 
maximum instantaneous trip unit setting. If the trailing cable sizes 
are intermixed at a section power center, the plugs will be constructed 
or designed, for example, keyed or sized, to permit only the proper 
type and length of cable to be plugged into the receptacle with the 
proper settings.
    (f) Replacement instantaneous trip units used to protect trailing 
cables affected by this petition will be calibrated and set in 
accordance with alternative method item (c). This setting will be 
sealed, locked, or protected.
    (g) All components providing short-circuit protection will have a 
sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (h) Any trailing cable not in safe operating condition will be 
removed from service immediately and repaired or replaced.
    (i) If the mining methods or operating procedures cause or 
contribute to trailing cable damage, the cable will be removed from 
service immediately and repaired or replaced. Additional precautions 
will be taken to ensure that, in the future, the cable is protected and 
maintained in safe operating condition.
    (j) Each trailing cable splice or repair will be made in a 
workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice or repair kit. The outer jacket of each 
splice will be vulcanized with flame resistant material or made with 
material that has been approved by MSHA as flame resistant. Splices 
will comply with the requirements of 30 CFR 75.603 and 75.604.
    (k) At the beginning of each production shift, persons designated 
by the mine operator will visually examine trailing cables to ensure 
that they are in safe operating condition. The instantaneous trip unit 
settings of the specially calibrated circuit breakers will also be 
visually examined to ensure that the seals or locks have not been 
removed and that they are set in accordance with alternative method 
item (c).
    (l) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center or distribution box identifying the 
location of each sealed short-circuit protection device. The labels 
will warn miners not to change or alter the sealed short-circuit 
settings.
    (m) This petition will apply to the initial bottom development of 
the mine, working sections that mine around gas wells, and working 
sections developing mains, submains, three entry panels, and bleeder 
and recovery entries.
    (n) This petition will not be implemented until miners designated 
to examine the integrity of the seals or locks, to verify the short-
circuit settings, and to examine trailing cables for defects and damage 
have received training.
    (o) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for its 
approved part 48 training plan to the District Manager. The proposed 
revisions will include initial and refresher training regarding 
compliance with the terms and conditions of the PDO.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-05995 Filed 3-21-22; 8:45 am]
BILLING CODE 4520-43-P