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)

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 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16067-16069]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06343]


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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: 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