81 FR 3160 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 12 (January 20, 2016)

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 81, Number 12 (Wednesday, January 20, 2016)]
[Notices]
[Pages 3160-3162]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00935]


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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 February 
19, 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:

 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

[[Page 3161]]

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-2015-0026-C.
    Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, 
VA 24282.
    Mine: Clover Fork No. 1 Mine, MSHA I.D. No. 15-18647, Huff Creek 
No. 1 Mine, MSHA I.D. No. 15-17234, Darby Fork No. 1 Mine, MSHA I.D. 
No. 15-02263, located in Harlan County, Kentucky.
    Regulation Affected: 30 CFR 75.310(a)(3) (Installation of main mine 
fans).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of fan signal monitoring provided 
by the Communication Center at the Huff Creek Mine as an alternative to 
having personnel on the surface at the mine to monitor fan operation. 
The petitioner states that:
    (1) Currently the Clover Fork fans can be monitored for operation 
at the Communication Center. This Communication Center is manned 
continuously when miners are underground by a qualified atmospheric 
monitoring system (AMS) operator as required in 30 CFR 75.156. This 
operator is currently responsible for monitoring the Clover Fork Mine, 
Huff Creek Mine, and Darby Fork Mine AMS systems. This operator is 
familiar with the underground workings of the Clover Fork Mine and will 
regularly travel to all working sections every six months as required. 
In addition to having the AMS operator continuously monitoring the main 
mine fans for the Clover Fork Mine, Lone Mountain Processing will be 
installing a system to activate the existing section alarms at all 
three mines to alarm when any main mine fan slows or stops. This alarm 
will provide an audible and visual alarm to alert miners that an event 
has occurred. Constant communications is provided to all three 
interconnected mines via the Huff Creek Communication Center. All 
approved ventilation plans provide instructions to evacuate the mine 
when a fan outage occurs. Should there be an interruption in the fan 
operations, a notification of the interruption can be given to the 
miners underground at Clover Fork Mine from the Huff Creek 
Communication Center. Clover Fork Mine management believes that these 
provisions for fan monitoring will provide a greater degree of safety 
than having mine personnel monitor the fan from the surface at the 
Clover Fork Mine.
    (2) Fan alarm signal monitoring by the Communication Center is 
accomplished in two ways: First by fan signal connection to mine phones 
and by a fiber optic line that is from the Clover Fork Mine to the Huff 
Creek Mine. Both systems are routed through each mine to an underground 
borehole connection to remove issues with inclement weather. The fiber 
optic line is connected to the CO monitoring and tracking system 
computer at Clover Fork Mine which receives an input from the fan alarm 
signal device. The fiber optic terminates at a computer in the 
Communication Center and provides both audible and visual notification 
if the Clover Fork fan should stop operating, as well as all working 
sections at all three aforementioned mines.
    (3) Voice communication to the Clover Fork Mine is accomplished by 
three separate connections and also by wireless tracking system radios. 
Primary communication is a mine phone line routed through an 
underground borehole connection between the two mines. Backup to the 
mine phone system is an overland copper pair for the emergency phone 
system that is provided by the land line telephone company. A third way 
of communication to the mine is land line telephone to the mine office. 
Tracking system radios mentioned above also provide a wireless fourth 
means of communication.
    (4) The Communication Center is also provided with a ``kill 
feature'' system designed to deenergize the AMS system for the Clover 
Fork Mine should any main mine fan fail. All AMS operators are trained 
how to perform this procedure and written instructions are provided 
inside the Communication Center. This feature will be maintained in 
working order at all times or otherwise immediate corrective actions 
will be taken to correct the condition and a designated person will be 
required to monitor the main mine fans at the Clover Fork Mine until 
the system is in proper working order. The AMS system is routed through 
underground workings and underground borehole connections as previously 
mentioned.
    The petitioner asserts that the proposed alternative method will 
provide a greater degree of safety than having mine personnel monitor 
the fan from the surface at the Clover Fork Mine.
    Docket Number: M-2015-027-C.
    Petitioner: Peabody Energy Company, 115 Grayson Lane, Eldorado, 
Illinois 62930.
    Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11-03156, 
located in Saline 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 an alternative method of compliance to 
permit the use of nonpermissible electronic testing or diagnostic 
equipment in or inby the last open crosscut. The petitioner states 
that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used include: Laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; insulation testers (meggers); voltage, current, 
resistance, and power measurement devices; ultrasonic thickness gauges; 
electronic component testers; and electronic tachometers. Other testing 
and diagnostic equipment may be used if approved in advance by the MSHA 
District Manager.
    (2) All nonpermissible testing and diagnostic equipment used in or 
inby the last open crosscut will be examined by a qualified person as 
defined in 30 CFR 75.153, prior to use to ensure the equipment is being 
maintained in a safe operating condition. The examination results will 
be recorded in the weekly examination book and will be made available 
to MSHA and the miners at the mine.
    (3) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in or 
inby the last open crosscut.
    (4) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When one percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and the nonpermissible electronic equipment 
will be withdrawn outby the last open crosscut.
    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper

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operating condition as defined in 30 CFR 75.320.
    (6) Except for time necessary to trouble shoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under ``load.''
    (7) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (8) Qualified personnel who used electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    The petitioner asserts that under the terms and conditions of this 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee not less than the 
same measure of protection afforded by the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-00935 Filed 1-19-16; 8:45 am]
BILLING CODE 4520-43-P