81 FR 8997 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 35 (February 23, 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 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8997-8998]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03726]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations Part 44 govern the 
application, processing, and disposition of petitions for modification. 
This notice is a summary of petitions for modification submitted to the 
Mine Safety and Health Administration (MSHA) by the parties listed 
below.

DATES: All comments on the petitions must be received by the MSHA's 
Office of Standards, Regulations, and Variances on or before March 24, 
2016.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petitions 
and comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT:  Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or 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.

[[Page 8998]]

II. Petitions for Modification

    Docket Number: M-2016-001-C.
    Petitioner: Peabody Energy Company, 12968 Illinois State Route 13, 
Coulterville, Illinois 62237.
    Mine: Gateway North Mine, MSHA I.D. No. 11-03235, located in 
Randolph County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables to be 
increased to 950 feet for the 480-volt three-phase alternating current 
Roof Bolting machines. The petitioner states that:
    (1) The maximum length of the three-phase trailing cables will be 
950 feet.
    (2) The 480-volt trailing cables will not be smaller than No. 2 
American Wire Gauge (AWG), type SHD-GC.
    (3) All circuit breakers used to protect No. 2 AWG type SHD-GC 
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 the circuit breakers will have permanent, legible labels. 
Each label will identify the circuit breaker as being suitable for 
protecting No. 2 AWG type SHD-GC cables. The label will be legible.
    (4) Replacement instantaneous trip units used to protect No. 2 AWG 
type SHD-GC trailing cables will be calibrated to trip at 800 amperes 
and this setting will be sealed or locked.
    (5) All components that provide short-circuit protection will have 
sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (6) Short-circuit settings must not exceed the setting specified in 
the approval documentation or 70 percent of the minimum available 
current, whichever is less.
    (7) Any trailing cable that is not in safe operating condition will 
be removed from service immediately and repaired or replaced.
    (8) Each splice or repair in the trailing cables will be made in a 
workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice 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.
    (9) In the event that mining method or operating procedures cause 
or contribute to the damage of any trailing cable, the trailing cable 
will be removed from service immediately, repaired, replaced, and 
additional precautions will be taken to ensure that, in the future, the 
cable is protected and maintained in safe operating condition.
    (10) During each production day, persons designated by the mine 
operator will visually examine the trailing cables to ensure the cables 
are in safe operating condition. The instantaneous settings of the 
specially calibrated circuit breakers will also be examined to ensure 
that the seals or locks have not been removed and that they do not 
exceed the settings stipulated in items 3 and 4.
    (11) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed short-circuit protective device. The labels will warn miners not 
to change or alter these short-circuit settings.
    (12) All miners who have been designated to examine the integrity 
of the seals, verify short-circuit settings, and examine trailing 
cables for defects will receive training under 30 CFR Part 48. The 
training will include the following:
    (a) Mining methods and operating procedures for protecting the 
trailing cables against damage.
    (b) Proper procedures for examining the trailing cables to ensure 
safe operating condition.
    (c) The hazards of setting the short-circuit interrupting devices 
too high to adequately protect the cables.
    (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 alternative method will guarantee 
no less than the same measure of protection for all miners than that of 
the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
 [FR Doc. 2016-03726 Filed 2-22-16; 8:45 am]
 BILLING CODE 4520-43-P