80 FR 77023 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 238 (December 11, 2015)

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. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below.

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77023-77026]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31220]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: 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. 
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 the MSHA's 
Office of Standards, Regulations, and Variances on or before January 
11, 2016.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [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, 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 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:

[[Page 77024]]

 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-2015-022-C.
    Petitioner: Speed Mining LLC, P.O. Box 99, Dawes, West Virginia 
25054.
    Mine: American Eagle Mine, MSHA I.D. No. 46-05437, located in 
Kanawha County, West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit, as an alternative method, backfill of the 
incised excavation [where previously sealed and abandoned mine openings 
in the No. 2 Gas (Powellton) coal seam exist] with coal refuse. The 
petitioner states that:
    (1) The box cut configuration, as built mine opening seal locations 
and proposed backfill plans, is presented graphically on Drawing Nos. 
B15-334-E4 and B15-334-E5. The five mine openings within the box cut 
have previously been sealed in accordance with the MSHA approval. 
Subsequently, the sealed openings were backfilled with soil and rock. 
The surveyed limits of the soil and rock backfill are presented on 
Drawing No. B15-334-E4. During our field visit, it was noted that the 
backfill above opening No. 2 had settled, exposing the top of the 
opening. Additional soil and rock will be placed at the openings to at 
least 4 feet above the coal seam.
    (2) The petitioner proposes to backfill the totally incised box cut 
excavation with coal refuse; however, 30 CFR 77.214(a) states that 
refuse piles shall not be located over abandoned openings. The apparent 
intent of this regulation is to limit the potential for a ``blowout'' 
of mine water and to limit the potential for combustion of the refuse 
and/or coal seam. The proposed backfill plan described below addresses 
these concerns and provides a practical method of backfilling the box 
cut excavation that will provide an equivalent or greater measure of 
protection afforded by the existing standard.
    (3) In the case of the Wet Branch box cut, the material excavated 
from the box cut was used to bring the preparation plant and coal 
stockpile areas to grade and is no longer available to eliminate the 
pit. The coal refuse will be used as a construction material, not to 
construct a new refuse pile. The five openings associated with the 
American Eagle Mine in the No. 2 Gas seam were sealed and have been 
backfilled with soil and rock. Additional soil and rock fill placement 
is specified to effectively isolate the openings from the proposed 
refuse backfill. The seal in Opening No. 2 located at the southern end 
of the box cut included a drain through the seal. It is proposed to cap 
this drain since there are openings at a lower elevation to the 
northwest currently discharging water from unmapped abandoned mine 
workings which were intersected by this mine. The previously placed and 
proposed soil and rock isolates the mine workings from the proposed 
coal refuse fill minimizing any potential for a mine fire to spread to 
the refuse fill. Any exposed coal seams will be covered with at least 
four feet of soil and rock as the coal refuse backfill is placed. The 
coal refuse will be placed in 2-foot maximum thick lifts. This 
requirement should preclude the potential for the refuse to 
spontaneously combust. Since the mine has a gravity outlet at an 
elevation lower than the bottom of the box cut, there is no significant 
potential for the mine workings at the box cut to flood.
    The petitioner asserts that the proposed alternative method will 
provide an equivalent or greater measure of protection to that afforded 
by the existing standard.

    Docket Number: M-2015-023-C.
    Petitioner: M-Class Mining, LLC, 11351 N. Thompsonville Road, 
Macedonia, Illinois 62860.
    Mine: MC #1 Mine, MSHA I.D. No. 11-03189, located in Franklin 
County, Illinois.
    Regulation Affected: 30 CFR 75.503 (permissible electric face 
equipment; maintenance) and 18.35 (Portable (trailing) cables and 
cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 995-volt trailing cables with a 
maximum length of 1000 feet. The petitioner states that:
    (1) The 995-volt bolters trailing cables will not be smaller than 
No. 2 American Wire Gauge (AWG) cable.
    (2) All circuit breakers used to protect the 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 so that the settings cannot be 
changed, and these circuit breakers will have permanent, legible 
labels. Each label will identify the circuit breaker as being suitable 
for protecting No. 2 AWG cables. The cables will be maintained legible.
    (3) Replacement instantaneous trip units used to protect the No. 2 
AWG trailing cables will be calibrated to trip at 800 amperes and this 
setting will be sealed and locked.
    (4) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (5) Short circuit settings must not exceed the setting specified in 
the approval documentation or 70 percent of the maximum available 
current, whichever is less.
    (6) Any cable that is not in safe operating condition will be 
removed from service immediately and repaired or replaced.
    (7) 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 kit. 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.
    (8) In the event that mining methods or operating procedures cause 
or contribute to the damage of any trailing cable, the trailing cable 
will be removed from service immediately, repaired or replaced, and 
additional precautions will be taken to ensure that in the future the 
cable is protected and maintained in safe operating condition.
    (9) During the production day, persons designated by the mine 
operator will visibly examine the trailing cables to ensure that the 
cables are in safe operating condition. The instantaneous settings of 
the specially calibrated breakers will 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 this petition.
    (10) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed short-circuit protective device. These labels will

[[Page 77025]]

warn miners not to change or alter these sealed short-circuit settings.
    (11) The alternative method will not be implemented until all 
miners who have been designated to examine the integrity of the seals 
or locks to verify the short-circuit settings, and to examine the 
trailing cables for defects, have received training.
    (12) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for their approved 
30 CFR part 48 training plans to the District Manager. The procedures 
specified in 30 CFR 48.3 for approval of proposed revisions to already 
approved training plans will apply. The training will include the 
following elements:
    (a) Mining methods and operating procedures that will protect the 
trailing cables against damage.
    (b) Proper procedures for examining the trailing cables to ensure 
that the cables are in safe operating condition.
    (c) The hazards of setting the short-circuit interrupting device(s) 
too high to adequately protect the trailing cables.
    (d) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    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-2015-024-C.
    Petitioner: Perry County Coal, LLC, P.O. Box 190, Lovely, Kentucky 
41231.
    Mine: E4-1 Mine, MSHA I.D. No. 15-18565, E4-2 Mine, MSHA I.D. No. 
15-19015 and E3-1 Mine, MSHA I.D. No. 15-18662, located in Perry 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1506(a)(1) (Refuge alternatives).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow for alternate examination, testing, 
maintenance, and repairs of Mine Shield underground shelters. The 
petitioner seeks modification of the standard as it applies to 
examinations, testing, maintenance, and repairs by the refuge 
manufacturer (Mine Shield LLC located at 322 Crab Orchard Road, 
Lancaster, Kentucky 40444). The petitioner states that:
    (1) There are a total of 7 Mine Shield LLC shelters in service and 
5 Mine Shield Shelter available in its Perry County Coal E4-1 Mine, E4-
2 Mine, and E3-1 Mine. All units have been retrofitted as prescribed by 
MSHA.
    (2) Examination, testing, maintenance, and repairs cannot be 
accomplished according to the manufacturer's recommendation since Mine 
Shield LLC is no longer in business and the technician conducting the 
examination, maintenance, and repairs no longer exist.
    (3) The examinations, testing, maintenance, and repairs as required 
by the manufacturer's recommendation cannot be conducted since the 
manufacturer's technicians are no longer available. The petitioner 
proposes to:

--Have certified and qualified persons as defined in 30 CFR 75.151 
conduct all examination, testing, maintenance, and repairs. A 
sufficient number of trained personnel will be provided. A list of 
qualified examiners, maintenance, and repair persons will be posted at 
each mine, and proof of training will be verifiable by MSHA forms 5000-
23.
--Adhere to and comply with all provisions of the Manufacturer's 
Service Manual on all shelters.
--Train all examiners and repairmen through the WHA International Inc., 
Mr. Elliot Forsyth, BSME PE Chief, Technical Training Officer, Senior 
Oxygen Safety & Forensic Engineer, or his equivalent, on Level 1, Level 
2, and Level 3.
--Train all examiners, maintenance, and repair persons in use of, and 
equip them with, a state of the art IBRID MX6 Gas Monitor (MSHA 
approval # 07-LPA-130006, Part Approval # 222-A080002-0) gas monitoring 
device manufactured by Industrial Scientific Inc.
--Continue maintenance and repairs of incidental and routine nature 
such as replacing leaking air lines, breathable air cylinders, 
curtains, batteries, out dated items such as food, water, fire 
extinguishers, emergency first aid equipment, identification tags and 
other minor issues too numerous to list.
--Record and retain the results of all examinations, tests, 
maintenance, and repairs for one year and make available to MSHA.

    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. These proposed revisions 
will specify initial and refresher training regarding the terms and 
conditions stated 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.

    Docket Number: M-2015-025-C.
    Petitioner: Hamilton County Coal, LLC, P.O. Box 339, McLeansboro, 
Illinois 62959.
    Mine: Mine No. 1, MSHA I.D. No. 11-03203, located in Hamilton 
County, Illinois.
    Regulation Affected: 30 CFR 75.382(a) and (b) (Mechanical escape 
facilities).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit, through the use of alternative safety 
measures, the use of the slope belt conveyor as a mechanical escape 
facility at the Mine No. 1. The petitioner states that:
    (1) The Mine No. 1 extracts coal from the Herrin No. 6 seam by both 
continuous mining and longwall extraction methods. The coal seam is 
intersected by a vertical shaft with cage hoist facility and by a dual 
compartment slope that contains a slope car hoist facility in the lower 
track compartment and a belt conveyor in the isolated upper 
compartment. Escapeways as required in 30 CFR 75.380(a) are connected 
to these hoist facilities as required by 30 CFR 75.380(i)(1) and (2).
    (2) Rope and drum hoists used as mechanical escape facilities are 
subject to maintenance and/or conditions that could interfere with the 
operation of the facility for extended periods of time. The 
availability of a third mechanical escape facility enhances compliance 
with escapeway regulations in that there will be an additional escape 
facility during normal hoist operations and provide the second 
mechanical escape facility in the event there is required maintenance 
of either rope and drum hoist.
    (3) The specific language of 30 CFR 75.382(a), (b), (c)(1) and (2), 
and (f) specifically addresses rope-type drum hoists and elevators. 
Subparagraph (b) also uses the term ``or other devices'' as a reference 
to a type of escape facility. While not specifying a belt conveyor as 
an ``other device'', the subparagraph also does not preclude a belt 
conveyor from being used as an escape facility.
    (4) Belt conveyors have been used to safely transport miners to and 
from the surface and underground areas of coal mines when the safety 
measures and provisions listed in the criteria of 30 CFR 75.1403-5 are 
provided. Belt conveyors so equipped for the transportation of 
personnel and used as a ``mantrip'' can also be used safely as a 
mechanical escape facility.
    (5) Current technology for slope belt conveyors can now provide 
mechanical escape facility capability with no less measure of safety 
for the miner than the application of the mandatory standard. The 72-
inch slope belt conveyor at Mine

[[Page 77026]]

No. 1 is powered by multiple drive motors located on the mine's surface 
facilities. Each drive motor is controlled by a variable frequency 
drive (VFD), coupled with encoders, that monitors the speed of the 
motor unit and can shut down the belt if a predetermined speed set 
point is exceeded.
    (6) The original equipment manufacturer has by design, provided the 
necessary components (variable frequency drives, programmable logic 
computers and associated software, and switches/touchscreen controls) 
to provide for ``mantrip-mode'' operation. Additionally, the drive 
motor gear boxes are provided with a braking/blocking device that 
mechanically prevents rotation of the gears when the drive motors are 
deenergized.
    The petitioner proposes to use the slope belt conveyor at Mine No. 
1 as a mechanical escape facility conditioned on compliance with the 
following:

--The slope belt conveyor will be equipped with an automatic braking 
system which prevents the belt from reversing direction if power is 
lost.
--Positive acting stop control will be installed along the slope belt 
conveyor and such controls will be readily accessible and will be 
maintained so that the belt can be stopped or started at any location. 
Automatic controls will also deenergize the belt flight dumping onto 
the slope belt and will be so designed that the power cannot be 
reapplied to the belt flight dumping onto the slope belt while it is in 
use as an emergency escape facility.
--The slope belt conveyor will have a minimum vertical clearance of 18 
inches from the nearest overhead projection when measured from the edge 
of the belt and there will be at least 36 inches of sided clearance 
where men board and leave the slope conveyor.
--When persons are being transported on the slope belt conveyor being 
used as an emergency escape facility, the belt speed will not exceed 
300 feet per minute when the vertical clearance is less than 24 inches 
and will not exceed 350 feet per minute when the vertical clearance is 
24 inches or more.
--Adequate illumination including colored lights or reflectors will be 
installed at all loading and unloading stations on the slope conveyor 
belt. Such colored lights will be located to be observable to all 
persons riding the conveyor belt.
--The slope conveyor belt will not be used to transport supplies and 
the slope conveyor will be clear of all material, including coal, 
before men are transported.
--Telephone or other suitable communications will be provided at points 
where persons are loaded on or unloaded from the slope belt conveyor.
--Suitable crossing facilities will be provided wherever persons must 
cross the moving slope conveyor or any other moving belt conveyor belt 
to gain access to or leave the mechanical escape facility.
--The belt slope conveyor will have a minimum 48-inch wide clear 
travelway on at least one side and will have a minimum 24-inch clear 
travelway on the opposite side.
--Suitable belt crossing facilities will be provided wherever necessary 
to maintain a continuous route of travel alongside the slope belt 
conveyor from the slope bottom where the alternative escape exits the 
slope belt entry at the surface.
--The slope belt conveyor will be examined by a certified person at 
least once a week. This examination will include:

    (a) Operating the slope belt conveyor as an emergency escape 
facility;
    (b) Examination for hazards along the slope belt conveyor and 
examination of the mechanical and electrical condition of the slope 
conveyor system;
    (c) Immediate reporting of hazards or mechanical deficiencies 
observed; and
    (d) Confirmation that any reported hazards or defects are corrected 
before the slope belt is used as an emergency escape facility.
--The slope conveyor belt will also be subject to the preshift 
examination requirements of 30 CFR 75.360(b)(2) and, where one of those 
examinations include operation of the slope conveyor as a mechanical 
escape facility and examination for mechanical and electrical condition 
of the slope belt conveyor, the weekly examination requirements will be 
satisfied.
--The person(s) making the examinations will certify by initials, date, 
and the time the examinations were made. The certification will be at 
the loading and unloading stations of the slope conveyor belt.
    The petitioner asserts that the proposed alternative method will at 
all times provide the same degree of safety as that provided by the 
existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-31220 Filed 12-10-15; 8:45 am]
 BILLING CODE 4520-43-P