81_FR_82033 81 FR 81810 - Petitions for Modification of Application of Existing Mandatory Safety Standards

81 FR 81810 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81810-81812
FR Document2016-27713

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 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81810-81812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27713]


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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.

-----------------------------------------------------------------------

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 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, 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-2016-031-C.
    Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963-8854.
    Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill 
County, Pennsylvania.
    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 use of nonpermissible electric equipment 
within 150 feet of the pillar line to include drags and battery 
locomotives. The request is due in part to the method of mining used in 
pitching anthracite mines and the alternative evaluation of the mine 
air quality for methane on an hourly basis during operation, with one 
of the gas test results to be recorded in the on-shift examination 
record. The petitioner also proposes to suspend equipment operation any 
time methane concentration at the equipment reaches 0.5 percent methane 
either during operation or when found during a preshift examination. 
The petitioner states that:
    (1) The equipment will be operated in the working section's only 
intake entry (gangway), which is regularly traveled and examined.
    (2) The use of drags on less than moderate pitching veins (less 
than 20 degrees pitch) is the only practical system of mining in use.
    (3) Permissible drags are not commercially available, and due in 
part to their small size, permissible locomotives are not commercially 
available either.
    (4) As a result of low daily production rates and full timbering 
support, in-rushes of methane due to massive pillar falls are unlikely 
to occur.
    (5) Recovery of the pillars above the first miner heading is 
usually accomplished on the advance within 150 feet of the section 
intake (gangway) and the remaining mineable pillars recovered from the 
deepest point of penetration outby.
    (6) The 5,000 cubic feet per minute of required intake airflow is 
measured just outby the nonpermissible equipment with the ventilating 
air passing over the equipment to ventilate the pillar being mined.
    (7) The electrical equipment is attended during operation and 
either power to the unit deenergized at the intersection of the working 
gangway and intake slope or equipment moved to that area when 
production ceases, minimizing any ignition potential from the pillar 
recovery area.
    (8) Where more than one active line of pillar breasts recovery 
exists, the locomotive may travel to a point just outby the deepest 
active chute/breast (room) workings or last open crosscut in a 
developing set of entries.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same

[[Page 81811]]

measure of protection to the miners as would be provided by the 
existing standard.

    Docket Number: M-2016-032-C.
    Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963-8854.
    Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner seeks to permit the use of a 
gunboat to transport persons without safety catches or other no less 
effective devices because to date, no such safety catch or device is 
available for steeply pitching and undulating slopes with numerous 
curves and knuckles present in the main haulage slopes of anthracite 
mines. The mines range in length from 30 to 4,200 feet and vary in 
pitch from 12 degrees and 75 degrees. The petitioner states that:
    (1) A functional safety catch has not been developed. Makeshift 
devices, if installed, would be activated on knuckles and curves when 
no emergency exists causing a tumbling effect on the conveyance, which 
would increase rather than decrease the hazard to miners.
    (2) As an alternative, the petitioner proposes to operate the man-
cage or steel gunboat with secondary safety connections securely 
fastened around the gunboat and to the hoisting rope above the main 
connecting device, and use hoisting ropes having a factor of safety in 
excess of the 4 to 8 to 1 as suggested in the American Standards 
Specifications for Use of Wire Ropes for Mines.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-033-C.
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, Illinois 
62951.
    Mine: Mach No. 1 Mine, MSHA I.D. No. 11-03141, located in 
Williamson County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and 
cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the use of trailing cables longer than 
permitted under the existing standard. The petitioner states that:
    (1) The maximum lengths of the 995-volt trailing cables will be 
1,000 feet and not smaller than No. 2 American Wire Gauge (AWG).
    (2) All circuit breakers used to protect 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 setting 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 labels will be maintained legible.
    (3) Replacement instantaneous trip units used to protect 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 trailing 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 cable 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 the mining methods or operating procedures cause 
or contribute to the damage of any trailing cable, the trailing cable 
will be removed from service immediately and 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 each production day, persons designated by the mine 
operator will visually examine the trailing cables to ensure that the 
cables are in safe operating condition. The instantaneous settings of 
the specially calibrated circuit breakers will be visually examined to 
ensure that the seals or locks have not been removed and do not exceed 
the settings stipulated in items (2) and (3).
    (10) Permanent warning labels will be installed and maintained on 
the cover of the power center identifying the location of each sealed 
short-circuit protective device. These labels will 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 seals or 
locks, verify the short-circuit settings, and examine trailing cables 
for defects have received their 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 for the area in 
which the mine is located. 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 
too high to adequately protect the trailing cables; and
    (d) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    The procedures as specified in 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection to the 
miners as would be provided by the existing standard.

    Docket Number: M-2016-034-C.
    Petitioner: Warrior Coal, LLC, 57 J.E. Ellis Rd., Madisonville, 
Kentucky 42431.
    Mine: Warrior's Cardinal Mine, MSHA I.D. No. 15-14335, located in 
Hopkins 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/tablet computers, oscilloscopes, vibration 
analysis machines, cable fault detectors, point temperature probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power 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

[[Page 81812]]

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 on MMU 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-2016-035-C.
    Petitioner: Warrior Coal, LLC, 57 J.E. Ellis Rd., Madisonville, 
Kentucky 42431.
    Mine: Warrior's Cardinal Mine, MSHA I.D. No. 15-14335, located in 
Hopkins 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/tablet computers, oscilloscopes, vibration 
analysis machines, cable fault detectors, point temperature probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power 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 
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.
    (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.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-27713 Filed 11-17-16; 8:45 am]
 BILLING CODE 4520-43-P



                                                  81810                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                  the Draft Supplemental RFEIS. This list                 ADDRESSES:   You may submit your                      equipment and conductors;
                                                  includes local, state, and federal                      comments, identified by ‘‘docket                      permissibility).
                                                  agencies with jurisdiction, elected                     number’’ on the subject line, by any of                  Modification Request: The petitioner
                                                  officials and community leaders,                        the following methods:                                requests a modification of the existing
                                                  businesses and organizations, and other                    1. Electronic Mail: zzMSHA-                        standard to permit use of
                                                  interested parties and individuals.                     comments@dol.gov. Include the docket                  nonpermissible electric equipment
                                                  Anyone wishing to be added to the                       number of the petition in the subject                 within 150 feet of the pillar line to
                                                  mailing list to receive a copy of the Draft             line of the message.                                  include drags and battery locomotives.
                                                  Supplemental RFEIS may request to be                       2. Facsimile: 202–693–9441.                        The request is due in part to the method
                                                  added by contacting the Bureau’s Site                      3. Regular Mail or Hand Delivery:                  of mining used in pitching anthracite
                                                  Selection Specialist at the address                     MSHA, Office of Standards,                            mines and the alternative evaluation of
                                                  below.                                                  Regulations, and Variances, 201 12th                  the mine air quality for methane on an
                                                    Following issuance of the Draft                       Street South, Suite 4E401, Arlington,                 hourly basis during operation, with one
                                                  Supplemental RFEIS and completion of                    Virginia 22202–5452, Attention: Sheila                of the gas test results to be recorded in
                                                  the 45-day public comment period on                     McConnell, Director, Office of                        the on-shift examination record. The
                                                  the Draft Supplemental RFEIS, the                       Standards, Regulations, and Variances.                petitioner also proposes to suspend
                                                  Bureau will issue a Final Supplemental                  Persons delivering documents are                      equipment operation any time methane
                                                  RFEIS that will include comments                        required to check in at the receptionist’s            concentration at the equipment reaches
                                                  received during the public comment                      desk in Suite 4E401. Individuals may                  0.5 percent methane either during
                                                  period on the Draft Supplemental                        inspect copies of the petitions and                   operation or when found during a
                                                  RFEIS. The Final Supplemental RFEIS                     comments during normal business                       preshift examination. The petitioner
                                                  will also include the Bureau’s response                 hours at the address listed above.                    states that:
                                                  to substantive comments received on                        MSHA will consider only comments                      (1) The equipment will be operated in
                                                  the Draft Supplemental RFEIS.                           postmarked by the U.S. Postal Service or              the working section’s only intake entry
                                                  Following publication of the Final                      proof of delivery from another delivery               (gangway), which is regularly traveled
                                                  Supplemental RFEIS, a 30-day review                     service such as UPS or Federal Express                and examined.
                                                  period will be provided. No action will                 on or before the deadline for comments.                  (2) The use of drags on less than
                                                  be taken to implement any of the                        FOR FURTHER INFORMATION CONTACT:                      moderate pitching veins (less than 20
                                                  proposed alternatives until completion                  Barbara Barron, Office of Standards,                  degrees pitch) is the only practical
                                                  of the 30-day review period on the Final                Regulations, and Variances at 202–693–                system of mining in use.
                                                  Supplemental RFEIS and issuance of a                    9447 (Voice), barron.barbara@dol.gov                     (3) Permissible drags are not
                                                  Record of Decision on behalf of the                     (Email), or 202–693–9441 (Facsimile).                 commercially available, and due in part
                                                  Bureau by its Director or Acting                        [These are not toll-free numbers.]                    to their small size, permissible
                                                  Director.                                               SUPPLEMENTARY INFORMATION:                            locomotives are not commercially
                                                    Dated: November 4, 2016.                                                                                    available either.
                                                                                                          I. Background                                            (4) As a result of low daily production
                                                  Issac Gaston,
                                                                                                             Section 101(c) of the Federal Mine                 rates and full timbering support, in-
                                                  Site Selection Specialist, Capacity, Planning                                                                 rushes of methane due to massive pillar
                                                  and Construction, U.S. Department of Justice,           Safety and Health Act of 1977 (Mine
                                                  Federal Bureau of Prisons.                              Act) allows the mine operator or                      falls are unlikely to occur.
                                                                                                          representative of miners to file a                       (5) Recovery of the pillars above the
                                                  [FR Doc. 2016–27148 Filed 11–17–16; 8:45 am]
                                                                                                          petition to modify the application of any             first miner heading is usually
                                                  BILLING CODE P
                                                                                                          mandatory safety standard to a coal or                accomplished on the advance within
                                                                                                          other mine if the Secretary of Labor                  150 feet of the section intake (gangway)
                                                                                                          determines that:                                      and the remaining mineable pillars
                                                  DEPARTMENT OF LABOR                                                                                           recovered from the deepest point of
                                                                                                             1. An alternative method of achieving
                                                                                                          the result of such standard exists which              penetration outby.
                                                  Mine Safety and Health Administration                                                                            (6) The 5,000 cubic feet per minute of
                                                                                                          will at all times guarantee no less than
                                                  Petitions for Modification of                           the same measure of protection afforded               required intake airflow is measured just
                                                  Application of Existing Mandatory                       the miners of such mine by such                       outby the nonpermissible equipment
                                                  Safety Standards                                        standard; or                                          with the ventilating air passing over the
                                                                                                             2. That the application of such                    equipment to ventilate the pillar being
                                                  AGENCY: Mine Safety and Health                          standard to such mine will result in a                mined.
                                                  Administration, Labor.                                  diminution of safety to the miners in                    (7) The electrical equipment is
                                                  ACTION: Notice.                                         such mine.                                            attended during operation and either
                                                                                                             In addition, the regulations at 30 CFR             power to the unit deenergized at the
                                                  SUMMARY:   Section 101(c) of the Federal                                                                      intersection of the working gangway and
                                                                                                          44.10 and 44.11 establish the
                                                  Mine Safety and Health Act of 1977 and                                                                        intake slope or equipment moved to that
                                                                                                          requirements and procedures for filing
                                                  Title 30 of the Code of Federal                                                                               area when production ceases,
                                                                                                          petitions for modification.
                                                  Regulations Part 44 govern the                                                                                minimizing any ignition potential from
                                                  application, processing, and disposition                II. Petitions for Modification                        the pillar recovery area.
                                                  of petitions for modification. This notice                 Docket Number: M–2016–031–C.                          (8) Where more than one active line
                                                  is a summary of petitions for                                                                                 of pillar breasts recovery exists, the
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                             Petitioner: S & J Coal Mine, 15 Motter
                                                  modification submitted to the Mine                      Drive, Pine Grove, Pennsylvania 17963–                locomotive may travel to a point just
                                                  Safety and Health Administration                        8854.                                                 outby the deepest active chute/breast
                                                  (MSHA) by the parties listed below.                        Mine: Slope #2 Mine, MSHA I.D. No.                 (room) workings or last open crosscut in
                                                  DATES: All comments on the petitions                    36–09963, located in Schuylkill County,               a developing set of entries.
                                                  must be received by MSHA’s Office of                    Pennsylvania.                                            The petitioner asserts that the
                                                  Standards, Regulations, and Variances                      Regulation Affected: 30 CFR                        proposed alternative method will at all
                                                  on or before December 19, 2016.                         75.1002(a) (Installation of electric                  times guarantee no less than the same


                                             VerDate Sep<11>2014   20:21 Nov 17, 2016   Jkt 241001   PO 00000   Frm 00092   Fmt 4703   Sfmt 4703   E:\FR\FM\18NON1.SGM   18NON1


                                                                              Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices                                          81811

                                                  measure of protection to the miners as                     (2) All circuit breakers used to protect              (11) The alternative method will not
                                                  would be provided by the existing                       No. 2 AWG trailing cables exceeding                   be implemented until all miners who
                                                  standard.                                               700 feet in length will have                          have been designated to examine the
                                                     Docket Number: M–2016–032–C.                         instantaneous trip units calibrated to                integrity of seals or locks, verify the
                                                     Petitioner: S & J Coal Mine, 15 Motter               trip at 800 amperes. The trip setting of              short-circuit settings, and examine
                                                  Drive, Pine Grove, Pennsylvania 17963–                  these circuit breakers will be sealed or              trailing cables for defects have received
                                                  8854.                                                   locked so that the setting cannot be                  their training.
                                                     Mine: Slope #2 Mine, MSHA I.D. No.                   changed and these circuit breakers will                  (12) Within 60 days after the proposed
                                                  36–09963, located in Schuylkill County,                 have permanent, legible labels. Each                  decision and order becomes final, the
                                                  Pennsylvania.                                           label will identify the circuit breaker as            petitioner will submit proposed
                                                     Regulation Affected: 30 CFR 75.1400                  being suitable for protecting No. 2 AWG               revisions for their approved 30 CFR part
                                                  (Hoisting equipment; general).                          cables. The labels will be maintained                 48 training plans to the District Manager
                                                     Modification Request: The petitioner                 legible.                                              for the area in which the mine is
                                                  seeks to permit the use of a gunboat to                    (3) Replacement instantaneous trip                 located. The training will include the
                                                  transport persons without safety catches                units used to protect No. 2 AWG trailing              following elements:
                                                  or other no less effective devices                      cables will be calibrated to trip at 800                 (a) Mining methods and operating
                                                  because to date, no such safety catch or                amperes, and this setting will be sealed              procedures that will protect the trailing
                                                  device is available for steeply pitching                and locked.                                           cables against damage;
                                                  and undulating slopes with numerous                        (4) All components that provide short-                (b) Proper procedures for examining
                                                  curves and knuckles present in the main                 circuit protection will have a sufficient             the trailing cables to ensure that the
                                                  haulage slopes of anthracite mines. The                 interruption rating in accordance with                cables are in safe operating condition;
                                                  mines range in length from 30 to 4,200                                                                           (c) The hazards of setting the short
                                                                                                          the maximum calculated fault currents
                                                  feet and vary in pitch from 12 degrees                                                                        circuit interrupting device too high to
                                                                                                          available.
                                                  and 75 degrees. The petitioner states                                                                         adequately protect the trailing cables;
                                                                                                             (5) Short-circuit settings must not
                                                  that:                                                                                                         and
                                                                                                          exceed the setting specified in the                      (d) How to verify that the circuit
                                                     (1) A functional safety catch has not                approval documentation or 70 percent
                                                  been developed. Makeshift devices, if                                                                         interrupting device(s) protecting the
                                                                                                          of the maximum available current,                     trailing cable(s) are properly set and
                                                  installed, would be activated on                        whichever is less.
                                                  knuckles and curves when no                                                                                   maintained.
                                                                                                             (6) Any trailing cable that is not in                 The procedures as specified in 30 CFR
                                                  emergency exists causing a tumbling                     safe operating condition will be
                                                  effect on the conveyance, which would                                                                         48.3 for approval of proposed revisions
                                                                                                          removed from service immediately and                  to already approved training plans will
                                                  increase rather than decrease the hazard                repaired or replaced.
                                                  to miners.                                                                                                    apply.
                                                     (2) As an alternative, the petitioner                   (7) Each splice or repair in the trailing             The petitioner asserts that the
                                                  proposes to operate the man-cage or                     cable will be made in a workmanlike                   proposed alternative method will at all
                                                  steel gunboat with secondary safety                     manner and in accordance with the                     times guarantee no less than the same
                                                  connections securely fastened around                    instructions of the manufacturer of the               measure of protection to the miners as
                                                  the gunboat and to the hoisting rope                    splice or repair kit. The outer jacket of             would be provided by the existing
                                                  above the main connecting device, and                   each splice or repair will be vulcanized              standard.
                                                  use hoisting ropes having a factor of                   with flame-resistant material or made
                                                                                                                                                                   Docket Number: M–2016–034–C.
                                                  safety in excess of the 4 to 8 to 1 as                  with material that has been accepted by
                                                                                                                                                                   Petitioner: Warrior Coal, LLC, 57 J.E.
                                                  suggested in the American Standards                     MSHA as flame resistant.
                                                                                                                                                                Ellis Rd., Madisonville, Kentucky
                                                  Specifications for Use of Wire Ropes for                   (8) In the event the mining methods                42431.
                                                  Mines.                                                  or operating procedures cause or                         Mine: Warrior’s Cardinal Mine,
                                                     The petitioner asserts that the                      contribute to the damage of any trailing              MSHA I.D. No. 15–14335, located in
                                                  proposed alternative method will                        cable, the trailing cable will be removed             Hopkins County, Kentucky.
                                                  provide no less than the same measure                   from service immediately and repaired                    Regulation Affected: 30 CFR 75.500(d)
                                                  of protection afforded the miners under                 or replaced, and additional precautions               (Permissible electric equipment).
                                                  the existing standard.                                  will be taken to ensure that in the                      Modification Request: The petitioner
                                                     Docket Number: M–2016–033–C.                         future, the cable is protected and                    requests a modification of the existing
                                                     Petitioner: Mach Mining, LLC, P.O.                   maintained in safe operating condition.               standard to permit the use of
                                                  Box 300, Johnston City, Illinois 62951.                    (9) During each production day,                    nonpermissible electronic testing or
                                                     Mine: Mach No. 1 Mine, MSHA I.D.                     persons designated by the mine operator               diagnostic equipment inby the last open
                                                  No. 11–03141, located in Williamson                     will visually examine the trailing cables             crosscut. The petitioner states that:
                                                  County, Illinois.                                       to ensure that the cables are in safe                    (1) Nonpermissible electronic testing
                                                     Regulation Affected: 30 CFR 75.503                   operating condition. The instantaneous                and diagnostic equipment to be used
                                                  (Permissible electric face equipment;                   settings of the specially calibrated                  includes: Laptop/tablet computers,
                                                  maintenance) and 30 CFR 18.35                           circuit breakers will be visually                     oscilloscopes, vibration analysis
                                                  (Portable trailing cables and cords).                   examined to ensure that the seals or                  machines, cable fault detectors, point
                                                     Modification Request: The petitioner                 locks have not been removed and do not                temperature probes, infrared
                                                  requests a modification of the existing                 exceed the settings stipulated in items               temperature devices, insulation testers
                                                  standard to allow the use of trailing                   (2) and (3).                                          (meggers), voltage, current, resistance
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                                                  cables longer than permitted under the                     (10) Permanent warning labels will be              meters and power testers, and electronic
                                                  existing standard. The petitioner states                installed and maintained on the cover of              tachometers. Other testing and
                                                  that:                                                   the power center identifying the                      diagnostic equipment may be used if
                                                     (1) The maximum lengths of the 995-                  location of each sealed short-circuit                 approved in advance by the MSHA
                                                  volt trailing cables will be 1,000 feet and             protective device. These labels will                  District Manager.
                                                  not smaller than No. 2 American Wire                    warn miners not to change or alter these                 (2) All nonpermissible testing and
                                                  Gauge (AWG).                                            sealed short-circuit settings.                        diagnostic equipment used in or inby


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                                                  81812                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                  the last open crosscut will be examined                 nonpermissible electronic testing or                  less than the same measure of protection
                                                  by a qualified person (as defined in 30                 diagnostic equipment in return air outby              afforded by the existing standard.
                                                  CFR 75.153) prior to use to ensure the                  the last open crosscut. The petitioner                Sheila McConnell,
                                                  equipment is being maintained in a safe                 states that:
                                                  operating condition. The examination                                                                          Director, Office of Standards, Regulations,
                                                                                                            (1) Nonpermissible electronic testing               and Variances.
                                                  results will be recorded weekly in the                  and diagnostic equipment to be used                   [FR Doc. 2016–27713 Filed 11–17–16; 8:45 am]
                                                  examination book and will be made
                                                                                                          includes: Laptop/tablet computers,                    BILLING CODE 4520–43–P
                                                  available to MSHA and the miners at the
                                                                                                          oscilloscopes, vibration analysis
                                                  mine.
                                                                                                          machines, cable fault detectors, point
                                                     (3) A qualified person as defined in
                                                  existing 30 CFR 75.151 will                             temperature probes, infrared                          DEPARTMENT OF LABOR
                                                  continuously monitor for methane                        temperature devices, insulation testers
                                                                                                          (meggers), voltage, current, resistance               Mine Safety and Health Administration
                                                  immediately before and during the use
                                                  of nonpermissible electronic testing and                meters and power testers, and electronic
                                                                                                          tachometers. Other testing and                        Petitions for Modification of
                                                  diagnostic equipment in or inby the last                                                                      Application of Existing Mandatory
                                                  open crosscut.                                          diagnostic equipment may be used if
                                                                                                          approved in advance by the MSHA                       Safety Standards
                                                     (4) Nonpermissible electronic testing
                                                  and diagnostic equipment will not be                    District Manager.                                     AGENCY: Mine Safety and Health
                                                  used if methane is detected in                            (2) All nonpermissible testing and                  Administration, Labor.
                                                  concentrations at or above 1.0 percent.                 diagnostic equipment used in return air               ACTION: Notice.
                                                  When 1.0 percent or more methane is                     outby the last open crosscut will be
                                                  detected while the nonpermissible                       examined by a qualified person (as                    SUMMARY:    Section 101(c) of the Federal
                                                  electronic equipment is being used, the                 defined in 30 CFR 75.153) prior to use                Mine Safety and Health Act of 1977 and
                                                  equipment will be deenergized                                                                                 Title 30 of the Code of Federal
                                                                                                          to ensure the equipment is being
                                                  immediately and withdrawn outby the                                                                           Regulations Part 44 govern the
                                                                                                          maintained in a safe operating
                                                  last open crosscut.                                                                                           application, processing, and disposition
                                                                                                          condition. The examination results will
                                                     (5) All hand-held methane detectors                                                                        of petitions for modification. This notice
                                                                                                          be recorded weekly in the examination
                                                  will be MSHA-approved and                                                                                     is a summary of petitions for
                                                                                                          book and will be made available to                    modification submitted to the Mine
                                                  maintained in permissible and proper                    MSHA and the miners at the mine.
                                                  operating condition as defined in 30                                                                          Safety and Health Administration
                                                  CFR 75.320.                                               (3) A qualified person as defined in                (MSHA) by the parties listed below.
                                                     (6) Except for time necessary to                     existing 30 CFR 75.151 will                           DATES: All comments on the petitions
                                                  troubleshoot under actual mining                        continuously monitor for methane                      must be received by MSHA’s Office of
                                                  conditions, coal production on MMU                      immediately before and during the use                 Standards, Regulations, and Variances
                                                  will cease. However, coal may remain in                 of nonpermissible electronic testing and              on or before December 19, 2016.
                                                  or on the equipment to test and                         diagnostic equipment in return air outby              ADDRESSES: You may submit your
                                                  diagnose the equipment under ‘‘load.’’                  the last open crosscut.                               comments, identified by ‘‘docket
                                                     (7) All electronic testing and                         (4) Nonpermissible electronic testing               number’’ on the subject line, by any of
                                                  diagnostic equipment will be used in                    and diagnostic equipment will not be                  the following methods:
                                                  accordance with the manufacturer’s                      used if methane is detected in                           1. Electronic Mail: zzMSHA-
                                                  recommendations.                                        concentrations at or above 1.0 percent.               comments@dol.gov. Include the docket
                                                     (8) Qualified personnel who use                      When 1.0 percent or more methane is                   number of the petition in the subject
                                                  electronic testing and diagnostic                       detected while the nonpermissible                     line of the message.
                                                  equipment will be properly trained to                   electronic equipment is being used, the                  2. Facsimile: 202–693–9441.
                                                  recognize the hazards and limitations                   equipment will be deenergized                            3. Regular Mail or Hand Delivery:
                                                  associated with use of the equipment.                   immediately and withdrawn from the                    MSHA, Office of Standards,
                                                     The petitioner asserts that under the                                                                      Regulations, and Variances, 201 12th
                                                                                                          return air outby the last open crosscut.
                                                  terms and conditions of the petition for                                                                      Street South, Suite 4E401, Arlington,
                                                  modification, the use of nonpermissible                   (5) All hand-held methane detectors                 Virginia 22202–5452, Attention: Sheila
                                                  electronic testing and diagnostic                       will be MSHA-approved and                             McConnell, Director, Office of
                                                  equipment will at all times guarantee no                maintained in permissible and proper                  Standards, Regulations, and Variances.
                                                  less than the same measure of protection                operating condition as defined in 30                  Persons delivering documents are
                                                  afforded by the existing standard.                      CFR 75.320.                                           required to check in at the receptionist’s
                                                     Docket Number: M–2016–035–C.                           (6) All electronic testing and                      desk in Suite 4E401. Individuals may
                                                     Petitioner: Warrior Coal, LLC, 57 J.E.               diagnostic equipment will be used in                  inspect copies of the petitions and
                                                  Ellis Rd., Madisonville, Kentucky                       accordance with the manufacturer’s                    comments during normal business
                                                  42431.                                                  recommendations.                                      hours at the address listed above.
                                                     Mine: Warrior’s Cardinal Mine,                                                                                MSHA will consider only comments
                                                                                                            (7) Qualified personnel who use                     postmarked by the U.S. Postal Service or
                                                  MSHA I.D. No. 15–14335, located in
                                                                                                          electronic testing and diagnostic                     proof of delivery from another delivery
                                                  Hopkins County, Kentucky.
                                                                                                          equipment will be properly trained to                 service such as UPS or Federal Express
                                                     Regulation Affected: 30 CFR 75.507–
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                                                                                                          recognize the hazards and limitations                 on or before the deadline for comments.
                                                  1(a) (Electric equipment other than
                                                  power-connection points; outby the last                 associated with use of the equipment.
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                  open crosscut; return air; permissibility                 The petitioner asserts that under the               Barbara Barron, Office of Standards,
                                                  requirements).                                          terms and conditions of the petition for              Regulations, and Variances at 202–693–
                                                     Modification Request: The petitioner                 modification, the use of nonpermissible               9447 (Voice), barron.barbara@dol.gov
                                                  requests a modification of the existing                 electronic testing and diagnostic                     (Email), or 202–693–9441 (Facsimile).
                                                  standard to permit the use of                           equipment will at all times guarantee no              [These are not toll-free numbers.]


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Document Created: 2018-02-14 08:31:17
Document Modified: 2018-02-14 08:31:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before December 19, 2016.
ContactBarbara 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 Citation81 FR 81810 

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