82_FR_34841 82 FR 34699 - Petitions for Modification of Application of Existing Mandatory Safety Standards

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)

Page Range34699-34701
FR Document2017-15673

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 Issue 142 (Wednesday, July 26, 2017)
[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]


-----------------------------------------------------------------------

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 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]

[[Page 34700]]

(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

[[Page 34701]]

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



                                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices                                                  34699

                                                  deficiency, conduct tests of air flow,                     • Evaluate whether the collection of                  MSHA Forms: MSHA Form 5000–41,
                                                  perform electrical work, repair                          information is necessary for the proper               Safety and Health Activity Certification
                                                  energized surface high-voltage lines,                    performance of the functions of the                   or Hoisting Engineers Qualification
                                                  and perform duties of hoisting engineer.                 agency, including whether the                         Request Form.
                                                  The recorded information is necessary                    information has practical utility;                      Comments submitted in response to
                                                  to ensure that only persons who are                        • Evaluate the accuracy of MSHA’s                   this notice will be summarized and
                                                  properly trained and have the required                   estimate of the burden of the collection              included in the request for Office of
                                                  number of years of experience are                        of information, including the validity of             Management and Budget approval of the
                                                  permitted to perform these duties.                       the methodology and assumptions used;                 information collection request; they will
                                                  MSHA does not specify a format for the                     • Suggest methods to enhance the                    also become a matter of public record.
                                                  recordkeeping; however, it normally                      quality, utility, and clarity of the
                                                                                                                                                                 Sheila McConnell,
                                                  consists of the names of the certified                   information to be collected; and
                                                  and qualified persons listed in two                        • Minimize the burden of the                        Certifying Officer.
                                                  columns on a sheet of paper. One                         collection of information on those who                [FR Doc. 2017–15672 Filed 7–25–17; 8:45 am]
                                                  column is for certified persons and the                  are to respond, including through the                 BILLING CODE 4510–43–P
                                                  other is for qualified persons.                          use of appropriate automated,
                                                     Sections 75.100 and 77.100 pertain to                 electronic, mechanical, or other
                                                  the certification of certain persons to                  technological collection techniques or                DEPARTMENT OF LABOR
                                                  perform specific examinations and tests.                 other forms of information technology,
                                                  Sections 75.155 and 77.105 outline the                   e.g., permitting electronic submission of             Mine Safety and Health Administration
                                                  requirements necessary to be qualified                   responses.                                            Petitions for Modification of
                                                  as a hoisting engineer or hoistman. Also,                  The information collection request                  Application of Existing Mandatory
                                                  under Sections 75.160, 75.161, 77.107                    will be available on http://                          Safety Standards
                                                  and 77.107–1, the mine operator must                     www.regulations.gov. MSHA cautions
                                                  have an approved training plan                           the commenter against providing any                   AGENCY: Mine Safety and Health
                                                  developed to train and retrain the                       information in the submission that                    Administration, Labor.
                                                  qualified and certified persons to                       should not be publicly disclosed. Full                ACTION: Notice.
                                                  effectively perform their tasks.                         comments, including personal
                                                     These standards recognize State                       information provided, will be made                    SUMMARY:    This notice is a summary of
                                                  certification and qualification programs.                available on www.regulations.gov and                  petitions for modification submitted to
                                                  However, where State programs are not                    www.reginfo.gov.                                      the Mine Safety and Health
                                                  available, MSHA may certify and                            The public may also examine publicly                Administration (MSHA) by the parties
                                                  qualify persons.                                         available documents at USDOL-Mine                     listed below.
                                                     Under this program MSHA will                          Safety and Health Administration, 201                 DATES: All comments on the petitions
                                                  continue to qualify or certify                           12th South, Suite 4E401, Arlington, VA                must be received by MSHA’s Office of
                                                  individuals as long as these individuals                 22202–5452. Sign in at the receptionist’s             Standards, Regulations, and Variances
                                                  meet the requirements for certification                  desk on the 4th floor via the East                    on or before August 25, 2017.
                                                  or qualification, fulfill any applicable                 elevator.                                             ADDRESSES: You may submit your
                                                  retraining requirements, and remain                        Questions about the information
                                                  employed at the same mine or by the                                                                            comments, identified by ‘‘docket
                                                                                                           collection requirements may be directed               number’’ on the subject line, by any of
                                                  same independent contractor.                             to the person listed in the FOR FURTHER
                                                     Applications for Secretarial                                                                                the following methods:
                                                                                                           INFORMATION CONTACT section of this                      1. Electronic Mail: zzMSHA-
                                                  qualification or certification are                       notice.
                                                  submitted to the MSHA Qualification                                                                            comments@dol.gov. Include the docket
                                                  and Certification Unit in Denver,                        III. Current Actions                                  number of the petition in the subject
                                                  Colorado. MSHA Form 5000–41, Safety                                                                            line of the message.
                                                                                                             This request for collection of
                                                  & Health Activity Certification or                                                                                2. Facsimile: 202–693–9441.
                                                                                                           information contains provisions for
                                                  Hoisting Engineer Qualification Request                                                                           3. Regular Mail or Hand Delivery:
                                                                                                           Certification and Qualification to
                                                  provides the coal mining industry with                                                                         MSHA, Office of Standards,
                                                                                                           Examine, Test, Operate Hoists and
                                                  a standardized reporting format that                                                                           Regulations, and Variances, 201 12th
                                                                                                           Perform Other Duties. MSHA has
                                                  expedites the certification and                                                                                Street South, Suite 4E401, Arlington,
                                                                                                           updated the data with respect to the
                                                  qualification process while ensuring                                                                           Virginia 22202–5452, Attention: Sheila
                                                                                                           number of respondents, responses,
                                                  compliance with the regulations. MSHA                                                                          McConnell, Director, Office of
                                                                                                           burden hours, and burden costs
                                                  uses the form’s information to                                                                                 Standards, Regulations, and Variances.
                                                                                                           supporting this information collection
                                                  determine if applicants satisfy the                                                                            Persons delivering documents are
                                                                                                           request.
                                                  requirements to obtain the certification                                                                       required to check in at the receptionist’s
                                                                                                             Type of Review: Extension, without
                                                  or qualification sought. Persons must                                                                          desk in Suite 4E401. Individuals may
                                                                                                           change, of a currently approved
                                                  meet certain minimum experience                                                                                inspect copies of the petitions and
                                                                                                           collection.
                                                  requirements depending on the type of                                                                          comments during normal business
                                                                                                             Agency: Mine Safety and Health
                                                  certification or qualification.                                                                                hours at the address listed above.
                                                                                                           Administration.
                                                                                                             OMB Number: 1219–0127.                                 MSHA will consider only comments
                                                  II. Desired Focus of Comments                                                                                  postmarked by the U.S. Postal Service or
                                                                                                             Affected Public: Business or other for-
mstockstill on DSK30JT082PROD with NOTICES




                                                     MSHA is soliciting comments                           profit.                                               proof of delivery from another delivery
                                                  concerning the proposed information                        Number of Respondents: 957.                         service such as UPS or Federal Express
                                                  collection related to Certification and                    Frequency: On occasion.                             on or before the deadline for comments.
                                                  Qualification to Examine, Test, Operate                    Number of Responses: 4,590.                         FOR FURTHER INFORMATION CONTACT:
                                                  Hoists and Perform Other Duties. MSHA                      Annual Burden Hours: 465 hours.                     Barbara Barron, Office of Standards,
                                                  is particularly interested in comments                     Annual Respondent or Recordkeeper                   Regulations, and Variances at 202–693–
                                                  that:                                                    Cost: $77.                                            9447 (Voice), barron.barbara@dol.gov


                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1


                                                  34700                        Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices

                                                  (Email), or 202–693–9441 (Facsimile).                    onboard motor generator sets. It does                 Texas Westmoreland Coal Company’s
                                                  [These are not toll-free numbers.]                       not replace other mechanical                          Production Superintendent, and the
                                                  SUPPLEMENTARY INFORMATION: Section                       precautions or the requirements of 30                 contractor’s representative, if present,
                                                  101(c) of the Federal Mine Safety and                    CFR 77.803 that are necessary to safely               will be by a dedicated channel on the
                                                  Health Act of 1977 and Title 30 of the                   secure booms/masts during construction                company’s two-way radio.
                                                  Code of Federal Regulations Part 44                      or maintenance procedures.                               (f) An MSHA-qualified electrician
                                                  govern the application, processing, and                     (2) The following is a procedure for               will complete an examination of all
                                                  disposition of petitions for modification.               ‘‘boom raising’’ or ‘‘boom lowering’’ at              electrical components that will be
                                                                                                           Texas Westmoreland Coal Company’s                     energized. The examination will be
                                                  I. Background                                            Jewett Mine. During this period of                    done within two (2) hours prior to the
                                                     Section 101(c) of the Federal Mine                    construction/maintenance, the machine                 boom raising/lowering process. A record
                                                  Safety and Health Act of 1977 (Mine                      will not be performing mining                         of this examination will be made and
                                                  Act) allows the mine operator or                         operations. This procedure would also                 available to interested parties. The
                                                  representative of miners to file a                       be applicable in instances of                         machine will be de-energized to perform
                                                  petition to modify the application of any                disassembly or maj9or maintenance                     this examination.
                                                  mandatory safety standard to a coal or                   which requires the boom to be raised/                    (g) After the examination has been
                                                  other mine if the Secretary of Labor                     lowered. The following guidelines will                completed, the electrical components
                                                  determines that:                                         be followed to minimize the potential                 necessary to complete the boom raising/
                                                     1. An alternative method of achieving                 for electrical power loss during this                 lowering process will be energized to
                                                  the result of such standard exists which                 critical boom procedure.                              ensure they are operating properly as
                                                  will at all times guarantee no less than                    (3) The procedure would most likely                determined by an MSHA-qualified
                                                  the same measure of protection afforded                  only be used during disassembly or                    electrician. When the above is
                                                  the miners of such mine by such                          major maintenance. Major maintenance                  completed, the machine will be de-
                                                  standard; or                                             requiring the raising/lowering of the                 energized and locked out.
                                                     2. That the application of such                       boom/mast would only be performed on                     (h) The ground fault and ground
                                                  standard to such mine will result in a                   an as-needed basis, which could span                  check circuits will be disabled
                                                  diminution of safety to the miners in                    long periods of time. Therefore, training             provided:
                                                  such mine.                                               and review of the procedure would only                   1. The internal ground conductor of
                                                     In addition, the regulations at 30 CFR                be conducted prior to this need. At such              the trailing cable has been tested and is
                                                  44.10 and 44.11 establish the                            time, all persons involved in the                     continuous from the frame of the
                                                  requirements and procedures for filing                   procedure would be trained or                         dragline to the grounding resistor
                                                  petitions for modification.                              retrained.                                            located at the substation. Utilizing the
                                                                                                              (a) Texas Westmoreland Coal                        ground check circuit and disconnecting
                                                  II. Petitions for Modification                           Company employees, its contractors,                   the pilot circuit at the machine frame
                                                     Docket Number: M–2017–013–C.                          and affected persons will be trained on               and verifying the circuit breaker cannot
                                                     Petitioner: Texas Westmoreland Coal                   the requirements of the procedure at the              be closed will be an acceptable test.
                                                  Company, P.O. Box 915, Jewett, Texas                     Jewett Mine.                                          Resistance measurements can also be
                                                  75846.                                                      (b) The procedure will be coordinated              used to test the ground conductor. The
                                                     Mine: Jewett Mine, MSHA I.D. No.                      by Texas Westmoreland Coal                            grounding resistor will be tested to
                                                  41–03164, located in Leon County,                        Company’s Production Superintendent                   assure it is properly connected, is not
                                                  Texas.                                                   and, if present, the contractor’s                     open, or is not shorted.
                                                     Regulation Affected: 30 CFR 77.803                    representative will assist. Two (2)                      2. Normal short circuit protection will
                                                  (Fail safe ground check circuits on high-                MSHA qualified electricians will be                   be provided at all times. The over
                                                  voltage resistance grounded systems).                    present at all times during the                       current relay setting may be increased
                                                     Modification Request: The petitioner                  procedure.                                            up to 100 percent above its normal
                                                  requests a modification of the existing                     (c) The procedure will limit the                   setting.
                                                  standard for use of a special procedure                  number of persons required on board                      (i) During the boom raising/lowering
                                                  when the dragline boom/mast is raised                    the machine. An MSHA-qualified                        procedure, an MSHA-qualified
                                                  or lowered during necessary repairs/                     electrician, dragline operator, and the               electrician will be positioned at the
                                                  dismantling. The petitioner states that:                 dragline oiler will be permitted on the               substation to monitor the grounding
                                                     (1) Texas Westmoreland Coal                           machine. Texas Westmoreland Coal                      circuit. The MSHA- qualified electrician
                                                  Company realizes that some stages of                     Company’s production Superintendent                   at the substation will at all times
                                                  assembly/disassembly of draglines                        and contractor’s representative may                   maintain communications with an
                                                  require special consideration when the                   either be on board or at a location on the            MSHA qualified electrician at the
                                                  boom/mast is raised/lowered into                         ground to assist in the coordination.                 dragline. If a grounded phase condition
                                                  position. The boom is raised/lowered                        (d) The affected area under the boom               or an open ground wire should occur
                                                  utilizing the on board motor generator                   will be secured to prevent persons from               during the process, the MSHA-qualified
                                                  sets. This is critical because, during the               entering and/or contacting the frame of               electrician at the substation will notify
                                                  process, power to the machine must not                   the machine during the boom raising/                  the MSHA-qualified electrician at the
                                                  be interrupted. Power loss conditions                    lowering. The area will be secured and                dragline. All persons on board the
                                                  may result in the boom becoming                          only those persons identified in                      machine must be aware of the condition
                                                  uncontrolled, falling, and resulting in                  paragraph 3 above will be permitted                   and must remain on board the machine.
mstockstill on DSK30JT082PROD with NOTICES




                                                  possible injuries to workers. To address                 inside the secured area. At no time will              The boom must be lowered to the
                                                  this condition, the following guidelines                 anyone be permitted under the boom or                 ground or controlled and the electrical
                                                  will be implemented to help prevent                      close to the boom.                                    circuit de-energized, locked and tagged
                                                  loss of power to the machine. This                          (e) Communication between the                      out. The circuit must remain de-
                                                  procedure only addresses raising/                        dragline operator, the MSHA-qualified                 energized until the condition is
                                                  lowering the boom on draglines                           electrician at the dragline, the MSHA-                corrected. The ground fault and ground
                                                  utilizing the machines electrical                        qualified electrician at the substation,              check circuits will be reinstalled prior


                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1


                                                                               Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices                                            34701

                                                  to re-energizing and testing the                         however, the installed waterlines will                DEPARTMENT OF LABOR
                                                  machine. Once circuits have been tested                  not support a potable water supply.
                                                  and no adverse conditions are present,                      (3) In lieu of a plumbed potable water             Mine Safety and Health Administration
                                                  the boom raising/lowering procedure as                   supply, potable water will be provided
                                                  outlined above will be resumed.                                                                                Petitions for Modification of
                                                                                                           in each of the two refuge chambers in                 Application of Existing Mandatory
                                                     (j) During this construction/                         the form of commercially purchased
                                                  maintenance procedure, persons cannot                                                                          Safety Standards
                                                                                                           bottled water in sealed bottles.
                                                  get on/off the dragline while the ground                                                                       AGENCY: Mine Safety and Health
                                                  fault ground check circuits are disabled                    (4) The two planned portable refuge
                                                                                                           chambers to be used underground at the                Administration, Labor.
                                                  unless the circuit to the dragline is de-
                                                  energized, locked and tagged out as                      Fort Calhoun Underground Mine are                     ACTION: Notice.
                                                  verified by the MSHA-qualified                           each designed to sustain 20 miners for
                                                                                                           a period of 36 hours under battery                    SUMMARY:    This notice is a summary of
                                                  electrician at the substation.                                                                                 petitions for modification submitted to
                                                     (k) After the boom raising/lowering is                backup power. These prefabricated
                                                                                                           refuge chambers will, at all times, be                the Mine Safety and Health
                                                  completed, the MSHA-qualified
                                                                                                           equipped with waterlines being directly               Administration (MSHA) by the parties
                                                  electrician at the substation will restore
                                                                                                           fed from the surface. The waterline                   listed below.
                                                  all the protective devices to their normal
                                                  state. When this has been completed,                     supplied to the refuge chamber will not               DATES: All comments on the petitions
                                                  the MSHA-qualified electrician at the                    be a source of potable water for miners               must be received by MSHA’s Office of
                                                  substation will notify the MSHA-                         taking refuge. The reliability of source              Standards, Regulations, and Variances
                                                  qualified electrician at the dragline that               water quality and volume being fed to                 on or before August 25, 2017.
                                                  all circuits are in their normal state. At               the chambers is jeopardized considering               ADDRESSES: You may submit your
                                                  this time, normal work procedures can                    water transmission line will be installed             comments, identified by ‘‘docket
                                                  begin.                                                   in a mining environment and inherently                number’’ on the subject line, by any of
                                                     The petitioner asserts that the                       susceptible to mechanical damage or                   the following methods:
                                                  proposed alternative method will                         restriction in the event of a mine                       1. Electronic Mail: zzMSHA-
                                                  always guarantee the miners affected no                  emergency. Sourcing of water from a                   comments@dol.gov. Include the docket
                                                  less than the same measure of protection                 surface reservoir to the refuge chambers              number of the petition in the subject
                                                  afforded by the existing standard.                       is affected by climate conditions on the              line of the message.
                                                     Docket Number: M–2017–002–M.                          surface. Adversely cold surface                          2. Facsimile: 202–693–9441.
                                                     Petitioner: Martin Marietta Materials,                temperatures could restrict or cut off the               3. Regular Mail or Hand Delivery:
                                                  Midwest Division, 11252 Aurora                           supply of water to the refuge chambers                MSHA, Office of Standards,
                                                  Avenue, Des Moines, Iowa 50322.                          resulting in a diminution of safety. Add-             Regulations, and Variances, 201 12th
                                                     Mine: Fort Calhoun Underground                        in contaminants (industrial or bacteria)              Street South, Suite 4E401, Arlington,
                                                  Mine, 5765 County Road P 30, Fort                        in piped-in water results in a                        Virginia 22202–5452, Attention: Sheila
                                                  Calhoun, Nebraska 68023, MSHA I.D                        diminution of safety for the miners.                  McConnell, Director, Office of
                                                  No. 25–01300, located in Washington                         (5) Potable water will be provided in              Standards, Regulations, and Variances.
                                                  County, Nebraska.                                        each of the chambers in the form of                   Persons delivering documents are
                                                     Regulation Affected: 30 CFR                                                                                 required to check in at the receptionist’s
                                                                                                           commercially purchased bottled water
                                                  57.11052(d) (Refuge areas).                                                                                    desk in Suite 4E401. Individuals may
                                                     Modification Request: The petitioner                  in sealed bottles. Each of the two
                                                                                                           chambers will be provided with a                      inspect copies of the petitions and
                                                  requests a modification of the existing
                                                                                                           minimum of 2.25 quarts of potable                     comments during normal business
                                                  standard to permit an alternative
                                                                                                           drinking water per person, per day.                   hours at the address listed above.
                                                  method of compliance to permit use of
                                                                                                           Considering that each of the chambers                    MSHA will consider only comments
                                                  bottled water in refuge areas in lieu of
                                                                                                           are designed to support 20 miners for a               postmarked by the U.S. Postal Service or
                                                  waterlines. The petitioner states that:
                                                     (1) The Fort Calhoun Underground                      period of 36 hours, each chamber will                 proof of delivery from another delivery
                                                  Mine will soon be developing two                         be outfitted with a minimum of 67.5                   service such as UPS or Federal Express
                                                  parallel decline tunnels to access an                    quarts or 2160 ounces of commercially                 on or before the deadline for comments.
                                                  identified limestone reserve near Fort                   purchased potable drinking water in                   FOR FURTHER INFORMATION CONTACT:
                                                  Calhoun, Nebraska. The decline tunnels                   sealed bottles. Provisioned water will                Barbara Barron, Office of Standards,
                                                  will each be approximately 3,200 feet in                 have a maximum shelf life of 2 years.                 Regulations, and Variances at 202–693–
                                                  length. The tunnels will be spaced                       The condition and quantity of stored                  9447 (Voice), barron.barbara@dol.gov
                                                  roughly 155 feet horizontally between                    water will be confirmed by monthly                    (Email), or 202–693–9441 (Facsimile).
                                                  tunnel center lines. Two cross passages                  inspections. Written instructions for                 [These are not toll-free numbers.]
                                                  are planned to connect the two parallel                  conservation of water will also be                    SUPPLEMENTARY INFORMATION: Section
                                                  tunnels during development. The Fort                     provided within the refuge chambers for               101(c) of the Federal Mine Safety and
                                                  Calhoun Underground Mine will                            reference.                                            Health Act of 1977 and Title 30 of the
                                                  provide a portable prefabricated refuge                     The petitioner asserts that the                    Code of Federal Regulations part 44
                                                  chamber in each of the two decline                       proposed alternative method will at all               govern the application, processing, and
                                                  tunnels for the purpose of barricading in                times guarantee no less than the same                 disposition of petitions for modification.
                                                  the event of a mine emergency.                           measure of protection afforded by the
mstockstill on DSK30JT082PROD with NOTICES




                                                     (2) The petitioner seeks modification                                                                       I. Background
                                                                                                           existing standard.
                                                  of 30 CFR 57.11052(d) specifically with                                                                          Section 101(c) of the Federal Mine
                                                  the standard’s directive that refuge areas               Sheila McConnell,                                     Safety and Health Act of 1977 (Mine
                                                  be provided with waterlines. The Fort                    Director, Office of Standards, Regulations,           Act) allows the mine operator or
                                                  Calhoun Underground Mine will                            and Variances.                                        representative of miners to file a
                                                  provide waterlines to each of the two                    [FR Doc. 2017–15673 Filed 7–25–17; 8:45 am]           petition to modify the application of any
                                                  aforementioned refuge chambers;                          BILLING CODE 4520–43–P                                mandatory safety standard to a coal or


                                             VerDate Sep<11>2014   17:49 Jul 25, 2017   Jkt 241001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\26JYN1.SGM   26JYN1



Document Created: 2017-07-26 01:30:06
Document Modified: 2017-07-26 01:30:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before August 25, 2017.
ContactBarbara 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 Citation82 FR 34699 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR