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)

Page Range		8997-8998
FR Document		2016-03726

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 35 (Tuesday, February 23, 2016)

[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

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8997

Mine: Williamstown Mine #1, MSHA Regulation Affected: 30 CFR Regulations Part 44 govern the
I.D. No. 36–09435, located in Schuylkill 75.1909(b)(6) (Nonpermissible diesel- application, processing, and disposition
County, Pennsylvania. powered equipment; design and of petitions for modification. This notice
Regulation Affected: 30 CFR 75.1202– performance requirements). is a summary of petitions for
1(a) (Temporary notations, revisions, Modification Requested: The modification submitted to the Mine
and supplements). petitioner has requested that MSHA Safety and Health Administration
• Docket Number: M–2014–017–C. amend a previously submitted Proposed (MSHA) by the parties listed below.
FR Notice: 79 FR 30170 (5/27/2014). Decision and Order (PDO), Docket DATES: All comments on the petitions
Petitioner: AK Coal Resources, Inc., No.M–1999–056–C to add an additional must be received by the MSHA’s Office
1134 Stoystown Rd., Friedens, Getman road grader, Model RDG–1504C, of Standards, Regulations, and
Pennsylvania 15541. serial number 6718. When this amended Variances on or before March 24, 2016.
Mine: North Fork Mine, MSHA I.D. PDO, Docket No. M–2015–018–C ADDRESSES: You may submit your
No. 36–10041, located in Somerset becomes final, it will supersede PDO comments, identified by ‘‘docket
County, Pennsylvania. Docket No. M–1999–056–C granted on number’’ on the subject line, by any of
Regulation Affected: 30 CFR 75.503 December 3, 1999. the following methods:
(Permissible electric face equipment; • Docket Number: M–2013–002–M. 1. Electronic Mail: zzMSHA-
maintenance), 18.35(a)(5)(i) (Portable FR Notice: 78 FR 7460 (2/1/2013). comments@dol.gov. Include the docket
(trailing) cables and cords)). Petitioner: Specialty Granules, Inc., number of the petition in the subject
• Docket Number: M–2015–007–C. 1101 Opal Court, Suite 315, line of the message.
FR Notice: 80 FR 24280 (4/30/2015). Hagerstown, Maryland 21740. 2. Facsimile: 202–693–9441.
Petitioner: White Oak Resources LLC, Mine: Annapolis Mine, MSHA I.D. 3. Regular Mail or Hand Delivery:
P.O. Box 339, McLeansboro, Illinois No. 23–00288, located in Iron County, MSHA, Office of Standards,
62859. Missouri. Regulations, and Variances, 201 12th
Mine: White Oak Mine No. 1, MSHA Regulation Affected: 30 CFR 56.13020 Street South, Suite 4E401, Arlington,
I.D. No. 11–03203, located in Hamilton (Use of compressed air) Virginia 22202-5452, Attention: Sheila
County, Illinois. • Docket Number: M–2014–019–M. McConnell, Acting Director, Office of
Regulation Affected: 30 CFR 75.1700 FR Notice: 79 FR 69135 (11/30/2014). Standards, Regulations, and Variances.
(Oil and gas wells). Petitioner: Sumitomo Metal Mining Persons delivering documents are
• Docket Number: M–2015–010–C. Pogo LLC, Shaw Creek Road, Delta required to check in at the receptionist’s
FR Notice: 80 FR 24285 (4/30/2015). Junction, Alaska 99737. desk in Suite 4E401. Individuals may
Petitioner: Coyote Creek Mining Mine: Pogo Mine, MSHA I.D. No. 50– inspect copies of the petitions and
Company, LLC, 6502 17th Street SW., 01642, located in Southeast Fairbanks comments during normal business
Zap, North Dakota 58580. County, Alaska. hours at the address listed above.
Mine: Coyote Creek Mine, MSHA I.D. Regulation Affected: 30 CFR 57.14207 MSHA will consider only comments
No. 32–01028, located in Mercer (Parking procedures for unattended postmarked by the U.S. Postal Service or
County, North Dakota. equipment). proof of delivery from another delivery
Regulation Affected: 30 CFR 77.803 • Docket Number: M–2014–020–M. service such as UPS or Federal Express
(Fail safe ground check circuits on high- FR Notice: 79 FR 71789 (12/3/2014). on or before the deadline for comments.
voltage resistance grounded systems). Petitioner: Barrick Goldstrike Mine, FOR FURTHER INFORMATION CONTACT:
• Docket Number: M–2015–012–C. Inc., 27 Miles North of Carlin, Carlin, Barbara Barron, Office of Standards,
FR Notice: 80 FR 28014 (5/15/2015). Nevada 89822. Regulations, and Variances at 202–693–
Petitioner: Peabody Midwest Mining, Mine: Arturo Mine, MSHA I.D. No. 9447 (Voice), barron.barbara@dol.gov
LLC, P.O. Box 369, Coulterville, Illinois 26–02767, located in Eureka County, (Email), or 202–693–9441 (Facsimile).
62237. Nevada. [These are not toll-free numbers.]
Mine: Gateway North Mine, MSHA Regulation Affected: 30 CFR SUPPLEMENTARY INFORMATION:
I.D. No. 11–03235, located in Randolph 56.6309(b) (Fuel oil requirements for
County, Illinois. ANFO). I. Background
Regulation Affected: 30 CFR Section 101(c) of the Federal Mine
75.1909(b)(6) (Nonpermissible diesel- Sheila McConnell,
Safety and Health Act of 1977 (Mine
powered equipment; design and Acting Director, Office of Standards, Act) allows the mine operator or
performance requirements). Regulations, and Variances.
representative of miners to file a
• Docket Number: M–2015–014–C. [FR Doc. 2016–03724 Filed 2–22–16; 8:45 am]
petition to modify the application of any
FR Notice: 80 FR 42549 (7/17/2015). BILLING CODE 4510–43–P mandatory safety standard to a coal or
Petitioner: XMV, Inc., 640 Clover Dew other mine if the Secretary of Labor
Dairy Road, Princeton, West Virginia determines that:
24740. DEPARTMENT OF LABOR 1. An alternative method of achieving
Mine: Mine No. 40, MSHA I.D. No. the result of such standard exists which
46–09298, located in McDowell County, Mine Safety and Health Administration
will at all times guarantee no less than
West Virginia. Petitions for Modification of the same measure of protection afforded
Regulation Affected: 30 CFR 77.214(a) Application of Existing Mandatory the miners of such mine by such
(Refuse piles; general). Safety Standards standard; or
• Docket Number: M–2015–018–C.
mstockstill on DSK4VPTVN1PROD with NOTICES

2. That the application of such
FR Notice: 80 FR 54596 (9/10/2015). AGENCY: Mine Safety and Health standard to such mine will result in a
Petitioner: Macoupin Energy, LLC, Administration, Labor. diminution of safety to the miners in
P.O. Box 615, 14300 Brushy Mound ACTION: Notice. such mine.
Road, Carlinville, Illinois 62626. In addition, the regulations at 30 CFR
Mine: Shay No. 1, MSHA I.D. No. 11– SUMMARY: Section 101(c) of the Federal 44.10 and 44.11 establish the
00726, located in Macoupin County, Mine Safety and Health Act of 1977 and requirements and procedures for filing
Illinois. Title 30 of the Code of Federal petitions for modification.

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Document Created: 2018-02-02 14:33:41
Document Modified: 2018-02-02 14:33:41

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 the MSHA's Office of Standards, Regulations, and Variances on or before March 24, 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 8997

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

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 81, Issue 35 (February 23, 2016)

DEPARTMENT OF LABOR
Mine Safety and Health Administration