82 FR 34699 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 142 (July 26, 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 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34699-34701]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15673]


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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 August 25, 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]

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(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.
    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-2017-013-C.
    Petitioner: Texas Westmoreland Coal Company, P.O. Box 915, Jewett, 
Texas 75846.
    Mine: Jewett Mine, MSHA I.D. No. 41-03164, located in Leon County, 
Texas.
    Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits 
on high-voltage resistance grounded systems).
    Modification Request: The petitioner requests a modification of the 
existing standard for use of a special procedure when the dragline 
boom/mast is raised or lowered during necessary repairs/dismantling. 
The petitioner states that:
    (1) Texas Westmoreland Coal Company realizes that some stages of 
assembly/disassembly of draglines require special consideration when 
the boom/mast is raised/lowered into position. The boom is raised/
lowered utilizing the on board motor generator sets. This is critical 
because, during the process, power to the machine must not be 
interrupted. Power loss conditions may result in the boom becoming 
uncontrolled, falling, and resulting in possible injuries to workers. 
To address this condition, the following guidelines will be implemented 
to help prevent loss of power to the machine. This procedure only 
addresses raising/lowering the boom on draglines utilizing the machines 
electrical onboard motor generator sets. It does not replace other 
mechanical precautions or the requirements of 30 CFR 77.803 that are 
necessary to safely secure booms/masts during construction or 
maintenance procedures.
    (2) The following is a procedure for ``boom raising'' or ``boom 
lowering'' at Texas Westmoreland Coal Company's Jewett Mine. During 
this period of construction/maintenance, the machine will not be 
performing mining operations. This procedure would also be applicable 
in instances of disassembly or maj9or maintenance which requires the 
boom to be raised/lowered. The following guidelines will be followed to 
minimize the potential for electrical power loss during this critical 
boom procedure.
    (3) The procedure would most likely only be used during disassembly 
or major maintenance. Major maintenance requiring the raising/lowering 
of the boom/mast would only be performed on an as-needed basis, which 
could span long periods of time. Therefore, training and review of the 
procedure would only be conducted prior to this need. At such time, all 
persons involved in the procedure would be trained or retrained.
    (a) Texas Westmoreland Coal Company employees, its contractors, and 
affected persons will be trained on the requirements of the procedure 
at the Jewett Mine.
    (b) The procedure will be coordinated by Texas Westmoreland Coal 
Company's Production Superintendent and, if present, the contractor's 
representative will assist. Two (2) MSHA qualified electricians will be 
present at all times during the procedure.
    (c) The procedure will limit the number of persons required on 
board the machine. An MSHA-qualified electrician, dragline operator, 
and the dragline oiler will be permitted on the machine. Texas 
Westmoreland Coal Company's production Superintendent and contractor's 
representative may either be on board or at a location on the ground to 
assist in the coordination.
    (d) The affected area under the boom will be secured to prevent 
persons from entering and/or contacting the frame of the machine during 
the boom raising/lowering. The area will be secured and only those 
persons identified in paragraph 3 above will be permitted inside the 
secured area. At no time will anyone be permitted under the boom or 
close to the boom.
    (e) Communication between the dragline operator, the MSHA-qualified 
electrician at the dragline, the MSHA-qualified electrician at the 
substation, Texas Westmoreland Coal Company's Production 
Superintendent, and the contractor's representative, if present, will 
be by a dedicated channel on the company's two-way radio.
    (f) An MSHA-qualified electrician will complete an examination of 
all electrical components that will be energized. The examination will 
be done within two (2) hours prior to the boom raising/lowering 
process. A record of this examination will be made and available to 
interested parties. The machine will be de-energized to perform this 
examination.
    (g) After the examination has been completed, the electrical 
components necessary to complete the boom raising/lowering process will 
be energized to ensure they are operating properly as determined by an 
MSHA-qualified electrician. When the above is completed, the machine 
will be de-energized and locked out.
    (h) The ground fault and ground check circuits will be disabled 
provided:
    1. The internal ground conductor of the trailing cable has been 
tested and is continuous from the frame of the dragline to the 
grounding resistor located at the substation. Utilizing the ground 
check circuit and disconnecting the pilot circuit at the machine frame 
and verifying the circuit breaker cannot be closed will be an 
acceptable test. Resistance measurements can also be used to test the 
ground conductor. The grounding resistor will be tested to assure it is 
properly connected, is not open, or is not shorted.
    2. Normal short circuit protection will be provided at all times. 
The over current relay setting may be increased up to 100 percent above 
its normal setting.
    (i) During the boom raising/lowering procedure, an MSHA-qualified 
electrician will be positioned at the substation to monitor the 
grounding circuit. The MSHA- qualified electrician at the substation 
will at all times maintain communications with an MSHA qualified 
electrician at the dragline. If a grounded phase condition or an open 
ground wire should occur during the process, the MSHA-qualified 
electrician at the substation will notify the MSHA-qualified 
electrician at the dragline. All persons on board the machine must be 
aware of the condition and must remain on board the machine. The boom 
must be lowered to the ground or controlled and the electrical circuit 
de-energized, locked and tagged out. The circuit must remain de-
energized until the condition is corrected. The ground fault and ground 
check circuits will be reinstalled prior

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to re-energizing and testing the machine. Once circuits have been 
tested and no adverse conditions are present, the boom raising/lowering 
procedure as outlined above will be resumed.
    (j) During this construction/maintenance procedure, persons cannot 
get on/off the dragline while the ground fault ground check circuits 
are disabled unless the circuit to the dragline is de-energized, locked 
and tagged out as verified by the MSHA-qualified electrician at the 
substation.
    (k) After the boom raising/lowering is completed, the MSHA-
qualified electrician at the substation will restore all the protective 
devices to their normal state. When this has been completed, the MSHA-
qualified electrician at the substation will notify the MSHA-qualified 
electrician at the dragline that all circuits are in their normal 
state. At this time, normal work procedures can begin.
    The petitioner asserts that the proposed alternative method will 
always guarantee the miners affected no less than the same measure of 
protection afforded by the existing standard.
    Docket Number: M-2017-002-M.
    Petitioner: Martin Marietta Materials, Midwest Division, 11252 
Aurora Avenue, Des Moines, Iowa 50322.
    Mine: Fort Calhoun Underground Mine, 5765 County Road P 30, Fort 
Calhoun, Nebraska 68023, MSHA I.D No. 25-01300, located in Washington 
County, Nebraska.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit use of bottled water in refuge areas in lieu of waterlines. The 
petitioner states that:
    (1) The Fort Calhoun Underground Mine will soon be developing two 
parallel decline tunnels to access an identified limestone reserve near 
Fort Calhoun, Nebraska. The decline tunnels will each be approximately 
3,200 feet in length. The tunnels will be spaced roughly 155 feet 
horizontally between tunnel center lines. Two cross passages are 
planned to connect the two parallel tunnels during development. The 
Fort Calhoun Underground Mine will provide a portable prefabricated 
refuge chamber in each of the two decline tunnels for the purpose of 
barricading in the event of a mine emergency.
    (2) The petitioner seeks modification of 30 CFR 57.11052(d) 
specifically with the standard's directive that refuge areas be 
provided with waterlines. The Fort Calhoun Underground Mine will 
provide waterlines to each of the two aforementioned refuge chambers; 
however, the installed waterlines will not support a potable water 
supply.
    (3) In lieu of a plumbed potable water supply, potable water will 
be provided in each of the two refuge chambers in the form of 
commercially purchased bottled water in sealed bottles.
    (4) The two planned portable refuge chambers to be used underground 
at the Fort Calhoun Underground Mine are each designed to sustain 20 
miners for a period of 36 hours under battery backup power. These 
prefabricated refuge chambers will, at all times, be equipped with 
waterlines being directly fed from the surface. The waterline supplied 
to the refuge chamber will not be a source of potable water for miners 
taking refuge. The reliability of source water quality and volume being 
fed to the chambers is jeopardized considering water transmission line 
will be installed in a mining environment and inherently susceptible to 
mechanical damage or restriction in the event of a mine emergency. 
Sourcing of water from a surface reservoir to the refuge chambers is 
affected by climate conditions on the surface. Adversely cold surface 
temperatures could restrict or cut off the supply of water to the 
refuge chambers resulting in a diminution of safety. Add-in 
contaminants (industrial or bacteria) in piped-in water results in a 
diminution of safety for the miners.
    (5) Potable water will be provided in each of the chambers in the 
form of commercially purchased bottled water in sealed bottles. Each of 
the two chambers will be provided with a minimum of 2.25 quarts of 
potable drinking water per person, per day. Considering that each of 
the chambers are designed to support 20 miners for a period of 36 
hours, each chamber will be outfitted with a minimum of 67.5 quarts or 
2160 ounces of commercially purchased potable drinking water in sealed 
bottles. Provisioned water will have a maximum shelf life of 2 years. 
The condition and quantity of stored water will be confirmed by monthly 
inspections. Written instructions for conservation of water will also 
be provided within the refuge chambers for reference.
    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. 2017-15673 Filed 7-25-17; 8:45 am]
 BILLING CODE 4520-43-P