81 FR 47419 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range		47419-47422
FR Document		2016-17174
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 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47419-47422]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17174]


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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

[[Page 47420]]

Safety and Health Administration (MSHA) by the parties listed below.

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before August 22, 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, 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 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-2016-021-C.
    Petitioner: The Marshall County Coal Company, 57 Goshorn Woods 
Road, Cameron, West Virginia 26033.
    Mine: Marshall County Mine, MSHA I.D. No. 46-01437, located in 
Marshall County, West Virginia.
    Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480-volt, three-phase, 
alternating current submersible pumps to dewater completed ventilation 
shafts prior to being put into service. The petitioner states that:
    (1) The three-phase, 480-volt alternating current electric power 
circuit for the pump will be designed and installed to:
    (a) Contain either a direct or derived neutral wire that will be 
grounded through a suitable resistor at the source transformer or power 
center and through a grounding circuit originating at the ground side 
of the grounding resistor, which will extend along with the power 
conductor and serve as the grounding conductor for the frame of the 
pump and all associated electric equipment that may be supplied power 
from this circuit.
    (b) Contain a grounding resistor that limits the ground-fault 
current to not more than 25 amperes.
    (c) The grounding resistor(s) will be rated for the maximum fault 
current available and will be insulated from ground for a voltage equal 
to the phase-to-phase voltage of the system.
    (2) The 480-volt pump circuit will have a suitable circuit 
interrupting device of adequate interrupting capacity, with devices to 
protect against under-voltage, grounded phase, short-circuit, and 
overload.
    (3) The under-voltage protection device will operate on a loss-of-
voltage to prevent automatic restarting of the equipment.
    (4) The grounded phase protection will be provided as follows:
    (a) The grounded phase protection device will be set not to exceed 
40 percent of the current rating of the neutral grounding resistor.
    (b) The 480-volt circuit will also have an undercurrent relay 
device to prevent closing the breaker when a phase to ground fault 
condition exists on the system, and a test circuit that will inject a 
test current through the grounded phase current transformer.
    (5) The short-circuit protection device will be set not to exceed 
the required short-circuit protection for the power cable or 75 percent 
of the minimum available phase-to-phase short-circuit current, 
whichever is less.
    (6) The circuit will include a disconnecting device located on the 
surface and installed in conjunction with the circuit breaker to 
provide a means for visual evidence that the power is disconnected from 
the pump circuits, and a means to lock and tag-out the system.
    (7) The pump power system will include a fail-safe ground check 
circuit, or other no less effective device approved by MSHA that will 
cause the circuit breaker to open when either the ground or pilot wire 
is broken. A manually operated test switch will be provided to verify 
the operation ground check device. The device will be installed and 
maintained operable to monitor the ground continuity from the starter 
box to the pump.
    (8) The pump(s) electric control circuit(s) will be designed and 
installed so that the pump(s) cannot start and/or run in the automatic 
mode if the water is below the low-water probe level. The low-water 
probe will be positioned to maintain at least 12 inches above the inlet 
of the pump and electrical connections of the pump motor. The low-water 
probe will be suitable for submersible pump control application. All 
probe circuits will be intrinsically safe. A motor controller will be 
provided and used for pump startup and shutdown.
    (9) The pump installation will be equipped with a water level 
indicator at the pump circuit controls such that a miner can determine 
the water level is above the pump inlet and electrical connectors.
    (10) The surface pump(s) control and power circuits will be 
examined as required by 30 CFR 77.502, as follows:
    (a) A record of the examinations will be kept in accordance with 30 
CFR 77.502 and 77.502-2.
    (b) The examinations will include a functional test of the grounded 
phase protective device(s) to determine proper operation.
    (c) A record of the functional tests will be recorded in an 
electrical equipment record book.
    (d) Prior to placing the pump into service an electrical 
examination will be performed.
    (e) Methane checks will be made at the collar of the borehole prior 
to energizing the pump. The pump will not be energized if 1.0 percent 
or greater of methane is detected.
    (11) The power cable to the submersible pump motor will be suitable 
for this application and have a current carrying capacity not less than 
125 percent of the full load current of the submersible pump motor and 
an

[[Page 47421]]

outer jacket suitable for a ``wet location''.
    (12) Splices and connections made in submersible pump cable will be 
made in a workmanlike manner and will meet the requirements of 30 CFR 
75.604. The pump installations will comply with all other applicable 30 
CFR requirements.
    (13) The District Manager (DM) will be notified prior to dewatering 
any shaft using a nonpermissible submersible pump, and the required 
shaft plan will include this notification.
    (14) Within 60 days after this petition for modification is 
granted, the petitioner will submit proposed revisions for their 
approved part 48 training plan to the DM. The proposed revisions will 
specify task training for all qualified electricians who perform 
electric work and monthly electric examinations as required by 30 CFR 
77.502 and refresher training regarding the alternative method outlined 
in the petition and the terms and conditions stated in the Proposed 
Decision and Order. The training will include the following elements:
    (a) The hazards that could exist if the water level falls below the 
pump inlet or the electric connections of the pump motor.
    (b) The safe restart procedures, which will include the miner 
determining that the water level is above the pump inlet and pump motor 
prior to attempting to establish power and start the pump motor.
    (15) The procedures of 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.
    The petitioner further states that:
    1. Upon completion of excavation/construction of a shaft, the shaft 
begins to accumulate water and personnel are never required to go below 
the collar of the shaft for dewatering purposes.
    2. In case there is a blind drilled shaft, the shaft is fully lined 
with steel casing and is grouted in place. This steel casing and grout 
seal isolates the completed blind drilled shaft from any coal seams, 
mitigating any possibility for methane to enter the blind drilled 
shaft.
    3. In the case of a conventionally constructed shaft, ventilation 
devices are installed to ensure that potential methane accumulations 
are mitigated. Dewatering significantly minimizes the chance of these 
devices becoming compromised. The electric motor of any submersible 
pump is located below the pump intake making it impossible for the 
motor to be above the surface of the water.
    4. Currently there are no electric submersible motor/pump 
assemblies manufactured that will effectively pump water at the current 
and future depths of mine workings that are permissible as required by 
30 CFR 77.1914(a).
    5. The alternative method outlined in this petition is consistent 
with prudent engineering design pursuant to 30 CFR 77.1900 since it 
minimizes the hazards to those employed in the initial or subsequent 
development of the shaft.
    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-2016-022-C.
    Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West 
Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel 
tanks and safety cans).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of a Brookville diesel motor in a dual role as a motor/
diesel fuel transportation unit.
    The petitioner seeks modification of the existing standard as it 
applies to the requirement for a shut-off valve in the return line from 
the motor's engine back to the fuel tank. Use of a shut-off valve in 
the return line may pose a risk to the motor's operation and emissions 
and is not related to fuel dispensing. All other required shut-off 
valves are installed on the connections as close as practicable to the 
tank's shell. The petitioner proposes to:
    (1) Equip the Brookville diesel motor with a fuel tank constructed 
of \3/16\-inch steel plates designed to serve as both the motor's fuel 
tank and fuel dispensing tank. The tank is equipped with a pump that 
can only dispense 50 percent of the tank's capacity, which will ensure 
the motor's fuel supply cannot be completely depleted.
    (2) Shut off the motor's engine during the fueling process to 
eliminate unnecessary idling. The 8-gallons per minute fuel dispensing 
pump will operate using a separate battery power source that has been 
added to supply pump power. The fuel dispensing hose is a 50-foot hose 
with a no-latch open device and a self-closing valve. There is a power 
supply switch at the pump's nozzle storage bracket as well as an 
emergency shut-off switch located above the fuel tank. The emergency 
switch is protected by a cover that automatically ensures that the 
switch is in the off position any time the cover is closed.
    (3) Post the following fueling procedures on the fuel tank:

--Make sure the fueling sign is hung and the motor's engine is shut 
off.
--Inspect fire extinguishers prior to beginning the fueling process.
--Ensure that fire extinguishers are located outby the fueling point.
--Verify fuel hose, equipment, etc. are in good condition.
--Test for methane in the atmosphere.
--Check for potential ignition sources and other hazards in the area.
--Notify the mine dispatcher before starting.
--Unlock and open the emergency shut-off switch.
--Check for any spills after the fueling is complete.
--Shut off the emergency switch and close locked cover.
--Notify the mine dispatcher after completion.

    (4) Equip the tank with a 4-inch vent designed to open at a 
pressure not to exceed 2.5 pounds per square inch, as required by 30 
CFR 75.1904(b).
    (5) Identify and mark tank openings and pressure-test the tank, 
fittings and components.
    (6) Equip the pump dispensing line and fuel supply lines with shut-
off valves, as required by 30 CFR 75.1904(b)(6).
    (7) Equip the pump dispensing line with an anti-siphoning device, 
as required by 30 CFR 75.1905(b)(iii).
    (7) Provide the pump dispensing line with a self-closing valve with 
no latch- open device, as required by 30 CFR 75.1905(b)(3)(ii).
    (8) Install additional fire suppression and detection to ensure 
that the system protects and meets all of the requirements of 30 CFR 
75.1911.
    Petitioner states that at no time will the motor be operated 
unattended, in accordance with 30 CFR 75.1916(e).
    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 DM. The proposed revisions will include 
initial and refresher training regarding compliance with the terms and 
conditions of 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-2016-023-C.
    Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road, 
P.O. Box 910, East Carbon, Utah 84520.
    Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon 
County, Utah.

[[Page 47422]]

    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment within 150 
feet of pillar workings or longwall faces. The petitioner states that:
    (1) The use of nonpermissible low-voltage or battery-powered 
electronic testing and diagnostic equipment will be limited to: Laptop 
computers; oscilloscopes; vibration analysis machines; cable fault 
detectors; point temperature probes; infrared temperature devices; 
insulation testers (meggers); voltage, current and power measurement 
devices and recorders; pressure and flow measurement devices; signal 
analyzer devices; ultrasonic thickness gauges; electronic components 
testers; and electronic tachometers. Other testing and diagnostic 
equipment may be used if approved in advance by MSHA's District 
Manager.
    (2) Nonpermissible electronic testing and diagnostic equipment will 
be used only when equivalent permissible equipment does not exist.
    (3) All other testing and diagnostic equipment used within 150 feet 
of pillar workings or longwall faces will be permissible.
    (4) All nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment used within 
150 feet of pillar workings 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. These examination results 
will be recorded in the weekly examination electrical equipment book 
and made available to MSHA 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 electronic testing and diagnostic equipment within 
150 feet of pillar workings.
    (6) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When 1.0 percent or more of 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 to outby 150 feet from pillar workings.
    (7) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required by 
30 CFR 75.320.
    (8) Except for time necessary to troubleshoot under actual mining 
conditions, coal production on the section will cease. However, coal 
may remain in the panline to test and diagnose the equipment under 
load.
    (9) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (10) All electronic testing and diagnostic equipment will be used 
in accordance with the safe use procedures recommended by the 
manufacturer.
    (11) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    (12) The nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment will not be 
put into service until MSHA has inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition. The petitioner will notify MSHA before additional 
nonpermissible electronic testing and diagnostic equipment is put into 
service within 150 feet of pillar workings to provide time for MSHA to 
inspect the equipment before initial use.
    (13) Cables supplying power to low-voltage testing and diagnostic 
equipment will be continuous in length or provided with ``twist lock'' 
connectors when used with 150 feet of pillar workings.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-17174 Filed 7-20-16; 8:45 am]
 BILLING CODE 4520-43-P
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices 47419

Records Notice. In response to Response: The Department is required To the National Archives and Records
comments, the Department is revising by law—the Brady Handgun Violence Administration, Office of Government
one SORN. That SORN, and the Prevention Act, as amended by the NICS Information Services (OGIS), to the extent
remainder of SORNs published on April Improvement Amendments Act of necessary to fulfill its responsibilities in 5
U.S.C. 552(h), to review administrative
29, 2016, will become effective on the 2007—to provide information to the agency policies, procedures and compliance
date of publication of this notice. Attorney General to carry out its with the Freedom of Information Act (FOIA),
DATES: The effective date for the
provisions. Therefore, the Department is and to facilitate OGIS’ offering of mediation
Department’s System of Records Notice declining to make changes to Universal services to resolve disputes between persons
is the date of publication of this notice. Routine Use #14. making FOIA requests and administrative
Comment: One comment was critical agencies.
Effective Date: The date of publication
of Universal Routine Use #13, which
of this notice. Response: The Department agrees that
allows the Department to disclose
FOR FURTHER INFORMATION CONTACT: additional language can be helpful to
information to a state or local
Joseph J. Plick, Counsel for FOIA and clarify that the scope of permissible
government agency in charge of issuing
Information Law, Office of the Solicitor, disclosures of FOIA files under Routine
licenses to attorneys and health care
Department of Labor, 200 Constitution Use (b) of DOL/Central 5 SORN includes
professionals. The commenter raised the
Avenue, NW., Room N–2420, concern that state laws, particularly disclosure to OGIS in order to facilitate
Washington, DC 20210, telephone (202) California’s state laws, prohibit its responsibilities related to FOIA
693–5527, or by email to plick.joseph@ information sharing with state and local compliance and mediation.
dol.gov. agencies. Accordingly, the Department is revising
Background: On April 29, 2016, the Response: Under the Supremacy this routine use to incorporate this
Department of Labor issued a Clause, federal law takes precedence model language. Routine Use (b) will
Publication In Full of All Notices of over state law. But to the extent that now read:
Systems of Records, including several state law in California may apply, the Information to other Federal agencies (e.g.,
new systems; substantive amendments Department has not identified any laws Department of Justice or the Office of
to systems; decommissioning of obsolete which prohibit the disclosure Government Information Services within the
contemplated by Universal Routine Use National Archives and Records
legacy systems; and publication of new
#13. On the contrary, California’s most Administration) in order to obtain advice and
universal routine uses for all system of recommendations concerning matters on
records. The Department received broadly applicable privacy law—the
which the agency has specialized experience
several public comments and one Information Practices Act of 1977— or particular competence; for use in making
Federal agency comment on this System explicitly allows sharing ‘‘To a law required determinations; to fulfill agency
of Records Notice during the public enforcement or regulatory agency when responsibilities to review administrative
comment period, which ended June 8, required for an investigation of unlawful agency policies, procedures, and compliance
2016. The Department required activity or for licensing, certification, or under the Freedom of Information Act or the
additional time to review and address regulatory purposes, unless the Privacy Act of 1974; or to facilitate mediation
disclosure is otherwise prohibited by services between administrative agencies and
the comments, so, by Federal Register
law.’’ The Department declines to make persons making Freedom of Information
notice of June 21, 2016, 81 FR 40352, requests.
the effective date was postponed to July changes in response to this comment.
23, 2016. Comment: Several comments did not The SORN will become effective, with
specifically reference or provide the change to DOL/Central-5, on the
The Department is now publishing
substantive feedback on any section of date of publication of this notice.
this notice to address the eleven
the SORN. One commenter stated, for
comments to and revise SORN DOL/ Signed at Washington, DC this 15th July,
example, ‘‘I do not favor the use of 2016.
Central-5 in response to those
funds for rail support that is not directly
comments. Thomas E. Perez,
supportive of General Aviation or
Comment: Several comments Airline services, viz. flights.’’ Another Secretary of Labor.
criticized Universal Routine Use #14, argued ‘‘No undocumented alien should [FR Doc. 2016–17209 Filed 7–20–16; 8:45 am]
which ‘‘permits the Department to have the same ability to sue for BILLING CODE 4510–HL–P
disclose information to the United discrimination because of their country
States Department of Justice (DOJ) and of origin, as an American Citizen does.’’
the Federal Bureau of Investigation (FBI) Response: The Department was DEPARTMENT OF LABOR
that will be included in the National unable to identify any sections of the
Instant Criminal Background Check Mine Safety and Health Administration
SORN relevant to these comments, and,
System (NICS).’’ The commenters therefore, is making no changes in
argued that this Routine Use Petitions for Modification of
response. Application of Existing Mandatory
impermissibly infringes on Second Comment: Three commenters,
Amendment rights. One commenter Safety Standards
including the Office of Government
stated, for example: Information Services (OGIS) (within the AGENCY: Mine Safety and Health
This rule (which refers specifically to 23 National Archives and Records Administration, Labor.
executive actions that Obama took on Jan. 16, Administration (NARA)) suggested ACTION: Notice.
2013) infringes on the Second Amendment changing the text of Routine Use (b) in
asabaliauskas on DSK3SPTVN1PROD with NOTICES

by having developed through rule, manner in the DOL/Central-5 SORN, which covers SUMMARY: Section 101(c) of the Federal
which protected health information (PHI) is the Department’s Freedom of Mine Safety and Health Act of 1977 and
now authorized to be released Information Act files, to follow model Title 30 of the Code of Federal
unconstitutionally by HHS to agenc(ies) of
the federal government without the affected
language drafted by OGIS and to Regulations Part 44 govern the
individual’s consent, and the PHI is thus explicitly note that disclosure to OGIS application, processing, and disposition
used in a manner to target individuals and is a permissible routine use for FOIA of petitions for modification. This notice
unconstitutionally remove access to weapons files. Specifically, the OGIS model is a summary of petitions for
in connection with NICS. language states: modification submitted to the Mine

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47422 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

Regulation Affected: 30 CFR (7) All hand-held methane detectors SUMMARY: Section 101(c) of the Federal
75.1002(a) (Installation of electric will be MSHA-approved and Mine Safety and Health Act of 1977 and
equipment and conductors; maintained in permissible and proper Title 30 of the Code of Federal
permissibility). operating condition as required by 30 Regulations Part 44 govern the
Modification Request: The petitioner CFR 75.320. application, processing, and disposition
requests a modification of the existing (8) Except for time necessary to of petitions for modification. This notice
standard to permit the use of low- troubleshoot under actual mining is a summary of petitions for
voltage or battery-powered conditions, coal production on the modification submitted to the Mine
nonpermissible electronic testing and section will cease. However, coal may Safety and Health Administration
diagnostic equipment within 150 feet of remain in the panline to test and (MSHA) by the parties listed below.
pillar workings or longwall faces. The diagnose the equipment under load. DATES: All comments on the petitions
petitioner states that: (9) Nonpermissible electronic testing must be received by MSHA’s Office of
(1) The use of nonpermissible low- and diagnostic equipment will not be Standards, Regulations, and Variances
voltage or battery-powered electronic used to test equipment when float coal on or before August 22, 2016.
testing and diagnostic equipment will dust is in suspension.
(10) All electronic testing and ADDRESSES: You may submit your
be limited to: Laptop computers; comments, identified by ‘‘docket
oscilloscopes; vibration analysis diagnostic equipment will be used in
accordance with the safe use procedures number’’ on the subject line, by any of
machines; cable fault detectors; point the following methods:
recommended by the manufacturer.
temperature probes; infrared 1. Electronic Mail: zzMSHA-
(11) Qualified personnel who use
temperature devices; insulation testers comments@dol.gov. Include the docket
electronic testing and diagnostic
(meggers); voltage, current and power equipment will be properly trained to number of the petition in the subject
measurement devices and recorders; recognize the hazards and limitations line of the message.
pressure and flow measurement devices; associated with use of the equipment. 2. Facsimile: 202–693–9441.
signal analyzer devices; ultrasonic (12) The nonpermissible low-voltage 3. Regular Mail or Hand Delivery:
thickness gauges; electronic components or battery-powered nonpermissible MSHA, Office of Standards,
testers; and electronic tachometers. electronic testing and diagnostic Regulations, and Variances, 201 12th
Other testing and diagnostic equipment equipment will not be put into service Street South, Suite 4E401, Arlington,
may be used if approved in advance by until MSHA has inspected the Virginia 22202–5452, Attention: Sheila
MSHA’s District Manager. equipment and determined that it is in McConnell, Director, Office of
(2) Nonpermissible electronic testing compliance with all the terms and Standards, Regulations, and Variances.
and diagnostic equipment will be used conditions in this petition. The Persons delivering documents are
only when equivalent permissible petitioner will notify MSHA before required to check in at the receptionist’s
equipment does not exist. additional nonpermissible electronic desk in Suite 4E401. Individuals may
(3) All other testing and diagnostic testing and diagnostic equipment is put inspect copies of the petitions and
equipment used within 150 feet of pillar into service within 150 feet of pillar comments during normal business
workings or longwall faces will be workings to provide time for MSHA to hours at the address listed above.
permissible. inspect the equipment before initial use. MSHA will consider only comments
(4) All nonpermissible low-voltage or (13) Cables supplying power to low- postmarked by the U.S. Postal Service or
battery-powered nonpermissible voltage testing and diagnostic proof of delivery from another delivery
electronic testing and diagnostic equipment will be continuous in length service such as UPS or Federal Express
equipment used within 150 feet of pillar or provided with ‘‘twist lock’’ on or before the deadline for comments.
workings will be examined by a connectors when used with 150 feet of FOR FURTHER INFORMATION CONTACT:
qualified person as defined in 30 CFR pillar workings. Barbara Barron, Office of Standards,
75.153 prior to use to ensure the The petitioner asserts that application Regulations, and Variances at 202–693–
equipment is being maintained in a safe of the existing standard will result in a 9447 (Voice), barron.barbara@dol.gov
operating condition. These examination diminution of safety to the miners and (Email), or 202–693–9441 (Facsimile).
results will be recorded in the weekly that the proposed alternative method [These are not toll-free numbers.]
examination electrical equipment book will at all times guarantee no less than SUPPLEMENTARY INFORMATION:
and made available to MSHA on the same measure of protection afforded
request. by the existing standard. I. Background
(5) A qualified person as defined in 30 Sheila McConnell, Section 101(c) of the Federal Mine
CFR 75.151 will continuously monitor Director, Office of Standards, Regulations, Safety and Health Act of 1977 (Mine
for methane immediately before and and Variances. Act) allows the mine operator or
during the use of nonpermissible [FR Doc. 2016–17174 Filed 7–20–16; 8:45 am] representative of miners to file a
electronic testing and diagnostic petition to modify the application of any
BILLING CODE 4520–43–P
equipment within 150 feet of pillar mandatory safety standard to a coal or
workings. other mine if the Secretary of Labor
(6) Nonpermissible electronic testing DEPARTMENT OF LABOR determines that:
and diagnostic equipment will not be 1. An alternative method of achieving
used if methane is detected in the result of such standard exists which
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Mine Safety and Health Administration
concentrations at or above one percent. will at all times guarantee no less than
When 1.0 percent or more of methane is Petitions for Modification of the same measure of protection afforded
detected while the nonpermissible Application of Existing Mandatory the miners of such mine by such
electronic equipment is being used, the Safety Standards standard; or
equipment will be deenergized AGENCY: Mine Safety and Health 2. That the application of such
immediately and the nonpermissible Administration, Labor. standard to such mine will result in a
electronic equipment will be withdrawn diminution of safety to the miners in
ACTION: Notice.
to outby 150 feet from pillar workings. such mine.

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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before August 22, 2016.
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.]
FR Citation		81 FR 47419
81 FR 47419 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 81, Issue 140 (July 21, 2016)

DEPARTMENT OF LABOR
Mine Safety and Health Administration
