82 FR 16067 - Petitions for Modification of Application of Existing Mandatory Safety Standards
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 82, Issue 61 (March 31, 2017)
Mine Safety and Health Administration
Federal Register Volume 82, Issue 61 (March 31, 2017)
| Page Range | 16067-16069 | |
| FR Document | 2017-06343 |
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)] [Notices] [Pages 16067-16069] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06343] ----------------------------------------------------------------------- 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: 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 May 1, 2017. 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: 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. 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. [[Page 16068]] 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-2017-001-C. Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, Maryland 21550. Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker County, West Virginia. 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, before use to ensure the equipment is being maintained in a safe operating condition. The examinations 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 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 a 1.0 percent or more methane concentration is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible equipment 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 the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2017-002-C. Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, Maryland 21550. Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker County, West Virginia. 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, before use to ensure the equipment is being maintained in a safe operating condition. These examinations 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 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 a 1.0 percent or more methane concentration 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 the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2017-003-C. Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, Maryland 21550. Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit the use of nonpermissible electronic testing or diagnostic equipment within 150 feet of pillar workings or longwall faces. 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 within 150 feet of pillar workings or longwall faces [[Page 16069]] will be examined by a qualified person, as defined in 30 CFR 75.153, before use to ensure the equipment is being maintained in a safe operating condition. These examinations results will be recorded in the weekly examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment within 150 feet of pillar workings or longwall faces. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When a 1.0 percent or more methane concentration is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and withdrawn to fresh air (intake air entry) more than 150 feet from pillar workings and longwall faces. (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. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before testing begins to provide additional safety to miners. (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 the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2017-06343 Filed 3-30-17; 8:45 am] BILLING CODE 4520-43-P
![Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices 16067
a sufficient amount of fire hose to reach MSHA personnel, and personnel from SUMMARY: This notice is a summary of
the farthest point of penetration of the the appropriate State agency. petitions for modification submitted to
section. (14) Alert all personnel in the mine to the Mine Safety and Health
(4) Keep available at the last open the planned intersection of the well Administration (MSHA) by the parties
crosscut a sufficient supply of roof prior to their going underground if the listed below.
support and ventilation materials. In planned intersection is to occur during DATES: All comments on the petitions
addition, emergency plugs and suitable their shift. This warning will be must be received by MSHA’s Office of
sealing materials will be available in the repeated for all shifts until the well has Standards, Regulations, and Variances
immediate area of the well intersection. been mined through. on or before May 1, 2017.
(5) Service all equipment and check (15) A certified individual will
ADDRESSES: You may submit your
permissibility on the shift before mining directly supervise the mine-through
operation and only that certified comments, identified by ‘‘docket
through the well.
individual in charge will issue number’’ on the subject line, by any of
(6) Calibrate the methane monitors on
instructions concerning the mine- the following methods:
the continuous mining machines on the
1. Electronic Mail: zzMSHA-
shift before mining through the well. through operation. MSHA personnel
(7) When mining is in progress, test comments@dol.gov. Include the docket
may interrupt or halt the mine-through
methane levels with a hand-held operation when it is necessary for number of the petition in the subject
methane detector at least every 10 miners’ safety. line of the message.
A copy of the approved petition will 2. Facsimile: 202–693–9441.
minutes from the time the mining with
be maintained at the mine and be 3. Regular Mail or Hand Delivery:
that continuous mining machine is
available to the miners. MSHA, Office of Standards,
within 30 feet of the well until the well
Within 30 days after this proposed Regulations, and Variances, 201 12th
is intersected and immediately before
decision and order (PDO) becomes final, Street South, Suite 4E401, Arlington,
mining through it. During the actual
the petitioner will submit proposed Virginia 22202–5452, Attention: Sheila
cutting process, no individual will be
revisions for its approved part 48 McConnell, Director, Office of
allowed on the return side until the
training plan to the DM. These revisions Standards, Regulations, and Variances.
mine-through has been completed and
will include initial and refresher Persons delivering documents are
the area has been examined and
training regarding compliance with the required to check in at the receptionist’s
declared safe.
(8) Keep the working place free from terms and conditions stated in the PDO. desk in Suite 4E401. Individuals may
accumulations of coal dust and coal The petitioner will provide training to inspect copies of the petitions and
spillages, and place rock dust on the all miners involved in the mine-through comments during normal business
roof, rib, and floor to within 20 feet of of a well regarding the requirements of hours at the address listed above.
the PDO before mining within 150 feet MSHA will consider only comments
the face when mining through the well
of the next well to be mined through. postmarked by the U.S. Postal Service or
when using continuous mining
Within 30 days after the PDO becomes proof of delivery from another delivery
machines.
(9) Deenergize all equipment when final, the petitioner will submit service such as UPS or Federal Express
the well is intersected and thoroughly proposed revisions for its approved on or before the deadline for comments.
examine and determine the area is safe mine emergency evacuation and FOR FURTHER INFORMATION CONTACT:
before mining is resumed. firefighting plan required by 30 CRFR Barbara Barron, Office of Standards,
(10) After a well has been intersected 75.1501. The petitioner will revise the Regulations, and Variances at 202–693–
and the working place determined safe, plans to include the hazards and 9447 (Voice), barron.barbara@dol.gov
continue mining inby the well at a evacuation procedures to be used for (Email), or 202–693–9441 (Facsimile).
distance sufficient to permit adequate well intersections. All underground [These are not toll-free numbers.]
ventilation around the area of the well. miners will be trained in this revised SUPPLEMENTARY INFORMATION: Section
(11) If the casing is cut or milled at plan within 30 days of the DM’s 101(c) of the Federal Mine Safety and
the coal seam level, the use of torches approval of the revised evacuation plan. Health Act of 1977 and Title 30 of the
would not be necessary. However, in The petitioner asserts that the Code of Federal Regulations Part 44
rare instances, torches may be used for proposed alternative method will govern the application, processing, and
inadequately or inaccurately cut or provide a measure of protection greater disposition of petitions for modification.
milled casings. No open flames will be than the existing standard to all miners
permitted in the area until adequate at the Riveredge Mine. I. Background
ventilation has been established around Sheila McConnell, Section 101(c) of the Federal Mine
the wellbore and methane levels of less Director, Office of Standards, Regulations, Safety and Health Act of 1977 (Mine
than 1.0 percent are present in all areas and Variances. Act) allows the mine operator or
that will be exposed to flames and [FR Doc. 2017–06340 Filed 3–30–17; 8:45 am]
representative of miners to file a
sparks from the torch. The operator will BILLING CODE 4520–43–P
petition to modify the application of any
apply a thick layer of rock dust to the mandatory safety standard to a coal or
roof, face, floor ribs and any exposed other mine if the Secretary of Labor
coal within 20 feet of the casing before DEPARTMENT OF LABOR determines that:
using any torches. 1. An alternative method of achieving
(12) Non-sparking (brass) tools will be Mine Safety and Health Administration the result of such standard exists which
sradovich on DSK3GMQ082PROD with NOTICES
located on the working section and will will at all times guarantee no less than
be used to expose and examine cased Petitions for Modification of the same measure of protection afforded
wells. Application of Existing Mandatory the miners of such mine by such
(13) No person will be permitted in Safety Standards standard; or
the area of the mine-through operation AGENCY: Mine Safety and Health 2. That the application of such
except those actually engaged in the Administration, Labor. standard to such mine will result in a
operation, including company diminution of safety to the miners in
ACTION: Notice.
personnel, miners’ representatives, such mine.
VerDate Sep<11>2014 16:31 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1](https://thefederalregister.org/doc/82_FR_16128/page/1.svg)
![Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices 16069
will be examined by a qualified person, DEPARTMENT OF LABOR partially granted the following petitions
as defined in 30 CFR 75.153, before use for modification:
to ensure the equipment is being Mine Safety and Health Administration • Docket Number: M–2010–047–C.
maintained in a safe operating FR Notice: 76 FR 2724 (1/14/2011).
Affirmative Decisions on Petitions for Petitioner: Canyon Fuel Company,
condition. These examinations results
Modification Granted in Whole or in LLC, 597 South SR 24, Salina, Utah
will be recorded in the weekly
Part 84654.
examination book and will be made
available to MSHA and the miners at the AGENCY: Mine Safety and Health Mine: Sufco Mine, MSHA I.D. No. 42–
mine. Administration (MSHA), Labor. 00089, located in Sevier County, Utah.
Regulation Affected: 30 CFR 75.500(d)
(3) A qualified person, as defined in ACTION: Notice.
(Permissible electric equipment).
30 CFR 75.151, will continuously SUMMARY: Section 101(c) of the Federal • Docket Number: M–2013–056–C.
monitor for methane immediately before Mine Safety and Health Act of 1977 and FR Notice: 79 FR 11140 (2/27/2014).
and during the use of nonpermissible 30 CFR part 44 govern the application, Petitioner: Kimmel’s Mining, Inc.,
electronic testing and diagnostic processing, and disposition of petitions P.O. Box 8, Williamstown, Pennsylvania
equipment within 150 feet of pillar for modification. This Federal Register 17098.
workings or longwall faces. Notice notifies the public that MSHA Mine: Williamstown Mine #1, MSHA
has investigated and issued a final I.D. No. 36–09435, located in Dauphin
(4) Nonpermissible electronic testing
decision on certain mine operator County, Pennsylvania.
and diagnostic equipment will not be
petitions to modify a safety standard. Regulation Affected: 30 CFR
used if methane is detected in 75.1002(a) (Installation of electric
concentrations at or above 1.0 percent. ADDRESSES: Copies of the final decisions
equipment and conductors;
When a 1.0 percent or more methane are posted on MSHA’s Web site at
permissibility).
concentration is detected while the http://www.msha.gov/READROOM/ • Docket Number: M–2014–024–C.
nonpermissible electronic equipment is PETITION.HTM. The public may FR Notice: 79 FR 45466 (8/5/2014).
being used, the equipment will be inspect the petitions and final decisions Petitioner: ACI Tygart Valley, 1200
deenergized immediately and during normal business hours in Tygart Valley Drive, Grafton, West
withdrawn to fresh air (intake air entry) MSHA’s Office of Standards, Virginia 26354.
more than 150 feet from pillar workings Regulations, and Variances, 201 12th Mine: Leer Mine, MSHA I.D. No. 46–
and longwall faces. Street South, Suite 4E401, Arlington, 09192, located in Taylor County, West
Virginia 22202. All visitors are required Virginia.
(5) All hand-held methane detectors to check in at the receptionist’s desk in Regulation Affected: 30 CFR 75.507–
will be MSHA-approved and Suite 4E401. 1(a) (Electric equipment other than
maintained in permissible and proper FOR FURTHER INFORMATION CONTACT: power-connection points; outby the last
operating condition as defined in 30 Barbara Barron at 202–693–9447 open crosscut; return air; permissibility
CFR 75.320. (Voice), barron.barbara@dol.gov requirements).
(6) Except for time necessary to (Email), or 202–693–9441 (Telefax). • Docket Number: M–2015–017–C.
troubleshoot under actual mining [These are not toll-free numbers]. FR Notice: 80 FR 54595 (9/10/2015).
conditions, coal production in the SUPPLEMENTARY INFORMATION: Petitioner: ICG Illinois, LLC, 5945
section will cease. Accumulations of Lester Road, Williamsville, Illinois
I. Introduction 62693.
coal and combustible materials
referenced in 30 CFR 75.400 will be Under section 101 of the Federal Mine Mine: Viper Mine, MSHA I.D. No. 11–
removed before testing begins to provide Safety and Health Act of 1977, a mine 02664, located in Sangamon County,
additional safety to miners. operator may petition and the Secretary Illinois.
of Labor (Secretary) may modify the Regulation Affected: 30 CFR 75.312(c)
(7) All electronic testing and application of a mandatory safety (Main mine fan examinations and
diagnostic equipment will be used in standard to that mine if the Secretary records).
accordance with the manufacturer’s determines that: (1) An alternative • Docket Number: M–2015–026–C.
recommendations. method exists that will guarantee no FR Notice: 81 FR 3161 (1/20/2016).
(8) Qualified personnel who use less protection for the miners affected Petitioner: Lone Mountain Processing,
electronic testing and diagnostic than that provided by the standard; or Inc., Drawer C, St. Charles, Virginia
equipment will be properly trained to (2) the application of the standard will 24282.
recognize the hazards and limitations result in a diminution of safety to the Mine: Clover Fork No. 1 Mine, MSHA
associated with use of the equipment. affected miners. I.D. No. 15–18647, Huff Creek No. 1
MSHA bases the final decision on the Mine, MSHA I.D. No. 15–17234, Darby
The petitioner asserts that the petitioner’s statements, any comments Fork No. 1 Mine, MSHA I.D. No. 15–
proposed alternative method will at all and information submitted by interested 02263–02664, located in Harlan County,
times guarantee no less than the same persons, and a field investigation of the Kentucky.
measure of protection afforded by the conditions at the mine. In some Regulation Affected: 30 CFR
existing standard. instances, MSHA may approve a 75.310(a)(3) (Installation of main mine
Sheila McConnell, petition for modification on the fans).
• Docket Number: M–2016–008–C.
sradovich on DSK3GMQ082PROD with NOTICES
condition that the mine operator
Director, Office of Standards, Regulations, FR Notice: 81 FR 21904 (4/13/2016).
complies with other requirements noted
and Variances. Petitioner: Rosebud Mining Company,
in the decision.
[FR Doc. 2017–06343 Filed 3–30–17; 8:45 am] 301 Market Street, Kittanning,
BILLING CODE 4520–43–P II. Granted Petitions for Modification Pennsylvania 16201.
On the basis of the findings of Mine: Barrett Mine, MSHA I.D. No.
MSHA’s investigation, and as designee 36–09342, located in Indiana County,
of the Secretary, MSHA has granted or Pennsylvania.
VerDate Sep<11>2014 16:31 Mar 30, 2017 Jkt 241001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1](https://thefederalregister.org/doc/82_FR_16128/page/3.svg)
Document Created: 2017-03-31 01:37:56
Document Modified: 2017-03-31 01:37:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before May 1, 2017. | |
| 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 | 82 FR 16067 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR