81 FR 79521 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 219 (November 14, 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 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79521-79523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27286]


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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 MSHA's Office 
of Standards, Regulations, and Variances on or before December 14, 
2016.

[[Page 79522]]


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-2016-028-C.
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. No. 15-19374, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing or diagnostic equipment inby the last open crosscut. The 
petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature and distance probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, electronic tachometers, 
signal analyzer devices, and ultrasonic measuring devices. 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 weekly in the examination book and will be made available 
to MSHA and the miners at the mine.
    (3) A qualified person as defined in existing 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 1.0 
percent. When 1.0 percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and withdrawn outby the last open crosscut.
    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (6) Except for time necessary to troubleshoot 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 manufacturer's recommendations.
    (8) 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.
    The petitioner asserts that under the terms and conditions of the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.

    Docket Number: M-2016-029-C.
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. No. 15-19374, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing or diagnostic equipment in return air outby the last open 
crosscut. The petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature and distance probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, electronic tachometers, 
signal analyzer devices, and ultrasonic measuring devices. 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 
return air outby 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 weekly in the examination book and 
will be made available to MSHA and the miners at the mine.
    (3) A qualified person as defined in existing 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in return 
air outby the last open crosscut.
    (4) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent. When 1.0 percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and withdrawn from the return air outby the 
last open crosscut.

[[Page 79523]]

    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (6) All electronic testing and diagnostic equipment will be used in 
accordance with the manufacturer's recommendations.
    (7) 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.
    The petitioner asserts that under the terms and conditions of the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.

    Docket Number: M-2016-030-C.
    Petitioner: Pennyrile Energy, LLC, 7386 State Route 593, Calhoun, 
Kentucky 42327.
    Mine: Riveredge Mine, MSHA I.D. No. 15-19424, located in Mclean 
County, Kentucky.
    Regulation Affected: 30 CFR 75.313(c)(2) (Main mine fan stoppage 
with persons underground).
    Modification Request: The petitioner requests a modification of the 
existing standard to prevent excessive levels of water from building up 
in the mine in the event of a long term electrical power outage due to 
uncontrollable circumstances. The petitioner states that:
    (1) The mine has water that comes in continuously from the slope 
and would build up to dangerous levels if not maintained properly in a 
power outage. The only deviation to the standard would be to power the 
main sump pump with a generator through a long-term electrical outage. 
This electrical power would not need to be used when miners are 
underground and would be removed after restoration of power to the main 
fan and not switch back to regular power until an examination of the 
area is conducted. This could cause a diminution of safety to the 
miners when returning underground after a long-term power outage 
because of water levels reaching the mine roof causing unstable roof 
conditions. Water entering some of the main electrical substations and 
high voltage power feeds could cause an electrical explosion or 
possible electrocution.
    (2) The pump to be used is a permissible Stancor MSHA-approved P 
series portable electric submersible pump (Product #P-70CE-HH). The 
pump is a 460VAC three-phase motor, FLC 39 amperes, 28Hp with two 
overload thermal switches incorporated in the stator and short circuit, 
locked rotor overload protection. The cable powering the pump will 
start in the hoist house branching from the 480VAC in the hoist house 
through a Fused Disconnect Switch with 60 ampere fuses. The fused 
Disconnect Switch will be connected to a Ground Check Enclosure mounted 
in the Hoist House to monitor the Grounding Conductor. Approximately 80 
feet of #6 G-GC cable will be installed to power the permissible 
Stancor pump control box mounted at the Fan House. The pump control box 
will feed into the return airshaft with #6 G-GC cable for 444 feet to a 
permissible Disconnect Switch and from the permissible Disconnect 
Switch through #6 G-GC cable 40 feet to the 28Hp pump.
    (3) The controller will be located on the side of the main fan 
house on the surface and will have a 45 ampere circuit breaker for 
short circuit protection and a Stancor model 821 liquid controller and 
motor protection unit for overload protection. The pump will be started 
and stopped from the Stancor model protection relay. There will be an 
electrical disconnect located underground at the pump location to aid 
in servicing the pump. The pump will be operated by the pump current 
control system.
    (4) If mine power is down and fan off, the pump will run on a 
generator that is grounded with two 8-foot grounding rods attached with 
#4 bare copper. All persons will be kept 100 feet away from the slope 
entrance while the generator and pump are in operation. After power is 
restored, areas around the immediate bottom (sump pump and power 
centers) will be examined as required. The Sump Pump and power cable 
will be included as part of this examination. Weekly and monthly 
examinations will be conducted on the pump, controller, and generator 
as required.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-27286 Filed 11-10-16; 8:45 am]
 BILLING CODE 4520-43-P