[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53014-53016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18610]


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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 September 29, 
2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0040 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0040.
    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, 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

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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, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-014-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    Regulation Affected: 30 CFR 75.503, Permissible electric face 
equipment; maintenance.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.503 as it pertains to increasing the length of trailing cables 
used on low and medium voltage shuttle cars, auxiliary face ventilation 
fans, and roof bolting machines to 1,000 feet in length.
    The petitioner states that:
    (a) The Shoal Creek Mine utilizes continuous mining and longwall 
methods of mining.
    (b) The operator uses cables up to 700 feet in length on its 
development sections and utilizes pillars 150 feet in length.
    (c) For ground control purposes, the length of the pillars left for 
roof support during development at the mine may need to exceed the 
current 150 feet length.
    (d) Without the requested modification, the inability to increase 
the length of the pillars will prevent an improved system of roof 
control.
    (e) Increase in the length of the pillar without the requested 
modification makes cable handling and the section layout difficult for 
shuttle cars, auxiliary fans, and roof bolting machines.
    (f) Increase in the length of cables will permit improved roof 
control and more efficient and safer cable handling.
    The petitioner proposes the following alternative method:
    (a) The maximum length of the low and medium trailing cables shall 
be 1,000 feet. The 1,000 feet trailing cables shall only be used on the 
section shuttle cars, roof bolters, and auxiliary ventilation fans.
    (b) The low and medium voltage trailing cables shall not be smaller 
than No. 2 American Wire Gauge (AWG).
    (c) All circuit breakers used to protect the No. 2 AWG trailing 
cables exceeding 700 feet in length shall have instantaneous trip units 
calibrated to trip at 800 amperes +/-10%. The trip settings of these 
circuit breakers shall be sealed or locked so the settings cannot be 
changed, and these circuit breakers shall have permanent, legible 
labels. Each label shall identify the circuit breaker as being suitable 
for protecting No. 2 AWG cables.
    (d) Calibration, sealing, and labeling of circuit breakers and 
replacement units shall be performed by the circuit breaker 
manufacturer or an authorized repair facility outfitted with calibrated 
test equipment. Each label shall identify the circuit breaker as being 
suitable for protecting No. 2 AWG cable.
    (e) Replacement circuit breakers and/or instantaneous trip units 
used to protect the No. 2 AWG trailing cables shall be calibrated to 
trip at 800 amperes +/-10%, and they shall be sealed.
    (f) All components that provide short-circuit protection shall have 
a sufficient interruption rating in accordance with the minimum and 
maximum calculated fault currents available. Minimum and maximum 
calculated fault currents shall be made available by the operator.
    (g) Prior to putting the equipment noted in item (a) of this 
section into service for each shift, persons designated by the mine 
operator shall visually examine the trailing cables to ensure that the 
cables are in safe operating condition. The instantaneous settings of 
the specially calibrated circuit breakers shall also be visually 
examined to ensure that the seals or locks have not been removed and 
that they do not exceed the settings stipulated in item (c) of this 
section.
    (h) Permanent warning labels shall be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed or locked short-circuit protective device. These labels shall 
warn miners not to change or alter the short-circuit settings. If any 
labels or settings on circuit breakers are altered or changed, the 
labels and/or short-circuit protective devices shall be changed.
    (i) If the mining methods or operating procedures cause or 
contribute to the damage of any trailing cable, the cable shall be 
removed from service immediately and repaired or replaced. Each splice 
or repair in the trailing cables shall be made in a workmanlike manner 
and in accordance with the instructions of the manufacturer of the 
splice or repair materials. The splice or repair shall comply with 30 
CFR 75.603 and 75.604. Additional precautions shall be taken to ensure 
that haulage roads and trailing cable storage areas are situated to 
minimize contact of the trailing cable with continuous mining 
equipment, haulage systems, scoops, and roof bolters.
    (j) The petitioner's alternative method shall not be implemented 
until all miners designated to examine the integrity of seals or locks 
verify the short-circuit settings and proper procedures for examining 
trailing cables for defects or damage and to examine the designated 
operations of the section shuttle cars, roof bolters, and auxiliary 
ventilation fans have received the training specified in item (m).
    (k) Prior to implementation of this petition, the circuit breakers 
shall be inspected by MSHA to ensure their conformity with the terms 
and conditions of this petition.
    (l) Within 60 days after this petition becomes final, the operator 
shall submit proposed revisions for the approved 30 CFR part 48 
training plan to the Coal Mine Safety and Health District Manager for 
the area in which the mine is located. The training shall include the 
following elements:
    (1) Training in mining methods and operating procedures that will 
protect the trailing cables against damage.
    (2) The proper procedure for examining the trailing cable to ensure 
that the cable(s) are in safe operating condition by a visual 
inspection of the entire cable, observing the insulation and the 
integrity of the splices, nicks, and abrasions.
    (3) Training in hazards of setting the short-circuit interrupting 
device(s) too high to adequately protect the trailing cables.
    (4) Training in how to verify that the circuit interrupting 
device(s) protecting the trailing cable(s) are properly set and 
maintained.
    (5) On each production shift, the person designated by the operator 
to examine the trailing cable shall ensure that only the amount of the 
trailing cable needed for the shift is stored on the cable reel to 
prevent cable overheating. All excess cable shall be stored in a safe 
location.
    (m) The operator shall post this Petition in unobstructed locations 
on the bulletin boards and/or in other conspicuous places where notices 
to miners are ordinarily posted at the mine for a period of not less 
than 60 consecutive days.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same

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measure of protection afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-18610 Filed 8-29-22; 8:45 am]
BILLING CODE 4520-43-P