82 FR 37239 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 152 (August 9, 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 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37239-37241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16783]


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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 September 8, 
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 (Secretary) 
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-2017-014-C.
    Petitioner: Gibson County Coal, LLC, 3455 S 700 W, Owensville, 
Indiana 47665.
    Mine: South Mine, MSHA I.D. No. 12-02388, located in Gibson County, 
Indiana.
    Regulation Affected: 30 CFR 75.382 (Mechanical escape facilities).
    Modification Requested: The petitioner requests a modification of 
the existing standard to permit the use of the slope belt conveyor as a 
mechanical escape facility at the South Mine. The petitioner states 
that:
    a. Mine No. 1 extracts coal from the Springfield No. 5 coal seam by 
continuous mining method. The coal seam is intersected by a vertical 
shaft with cage hoist facility and by a dual compartment slope that 
contains a slope car hoist facility in the lower track compartment and 
a belt conveyor in the isolated upper compartment. Escapeways, as 
required in 30 CFR 75.380(a), are connected to these hoist facilities 
as required in 30 CFR 75.380(i)(1) and (i)(2).
    b. Rope and drum hoists used as mechanical escape facilities at 
these locations are subject to maintenance and/or conditions that could 
interfere with the operation of the facility for extended periods of 
time. The availability of a third mechanical escape facility (slope 
belt conveyor) provides an additional layer of safety for the miners 
and enhances compliance with escapeway regulations in that there will 
be an additional escape facility readily available during normal hoist 
operations. Additionally, the use of the slope belt conveyor as a 
mechanical escape facility provides the most efficient means to 
evacuate miners in the event of a mine emergency. The slope belt 
conveyor provides a nonstop conveyance on which the miners can exit the 
mine without the delay of having to wait on the limited capacity of the 
slope car as it makes a roundtrip in and out of the mine. At a speed of 
140 feet per minute, the slope belt conveyor can evacuate 100 miners in 
approximately 19 minutes. The slope car hoist requires approximately 
126 minutes to evacuate 100 miners.
    The petitioner further states that the use of the slope belt 
conveyor as a mechanical escape facility at the South Mine will be 
conditioned upon compliance with the following:
    (1) The slope belt conveyor will be equipped with an automatic 
braking system which will prevent the belt from reversing direction if 
power is lost. The drive pulley shafts are provided with a

[[Page 37240]]

braking/blocking device that mechanically prevents rotation of the 
conveyer when the drive motors are de-energized.
    (2) The power source for the slope belt conveyor will be 
independent of the underground mine's power source.
    (3) The slope belt conveyor is powered by multiple drive motors 
located on the mine's surface facilities. Each drive motor is 
controlled by a variable frequency drive that, coupled with encoders, 
monitors the speed of the motor unit and can shut down the belt if a 
predetermined speed set point is exceeded. When persons are being 
transported on the slope belt conveyor as a mechanical escape facility, 
the belt speed will not exceed 140 feet per minute.
    (4) A personnel loading platform will be installed across the slope 
belt conveyor outby the first North loading point. The loading platform 
will be designed to enable miners, including disabled persons, to 
safely and systematically board the slope belt conveyor.
    (5) A minimum of four attendants will be stationed at the personnel 
loading platform to assist miners as they transition from the loading 
platform onto the slope belt conveyor.
    (6) A personnel unloading platform will be installed across the 
slope belt conveyor at the first opportunity on the surface, just inby 
the Portal opening. The unloading platform will be designed to enable 
miners, including disabled persons, to safely and systematically exit 
the slope belt conveyor. Upon notification of an emergency requiring 
evacuation, loading and unloading platforms will be put in position as 
required in 30 CFR 75.380(j).
    (7) A minimum of four attendants will be stationed at the personnel 
unloading platform to assist miners as they transition from the slope 
belt conveyor onto the unloading platform.
    (8) Positive-acting stop controls will be installed continuously 
along the slope belt conveyor and such controls will be readily 
accessible to persons being transported on the slope belt conveyor.
    (9) The slope belt conveyor will be equipped with automatic stop 
controls that will automatically stop the belt if a person travels 
beyond the unloading platform.
    (10) The belt flight dumping onto the slope belt conveyor will be 
de-energized to ensure that the power cannot be reapplied to the belt 
flight dumping onto the slope belt conveyor while the slope belt 
conveyor is in use as a mechanical escape facility.
    (11) The slope belt conveyor will have a minimum vertical clearance 
of 18 inches from the nearest overhead projection when measured from 
the edge of the belt.
    (12) Adequate illumination will be provided at the personnel 
loading and unloading platforms on the slope belt conveyor.
    (13) The slope belt conveyor will not be used to transport supplies 
and the slope belt conveyor will be clear of all material before 
persons are transported.
    (14) Telephone or other suitable communications will be provided at 
the personnel loading and unloading platforms on the slope belt 
conveyor.
    (15) Suitable crossing facilities will be provided wherever persons 
must cross the moving slope belt conveyor to gain access at the 
personnel loading and unloading platforms.
    (16) The slope belt conveyor will be operated in the mechanical 
escapeway mode at least weekly. A record of this test will be 
documented and made available for inspection by authorized 
representatives of the Secretary and representatives of the Indiana 
Bureau of Mines and Mining Safety.
    (17) All underground mine personnel will be trained in the 
provisions of this petition before the petition is implemented. A 
record of this training will be documented and made available for 
inspection by authorized representatives of the Secretary and 
representatives of the Indiana Bureau of Mines and Mining Safety.
    The petitioner asserts that the proposed alternative method will at 
all times provide the same degree of safety for the underground miners 
at Mine No. 1 as that afforded by the existing standard.
    Docket Number: M-2017-015-C.
    Petitioner: Prairie State Generating Company, 4274 County Highway 
12, Marissa, Illinois 62257.
    Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in 
Washington County, Illinois.
    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 in or 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 probes, infrared 
temperature devices, insulation testers (meggers), voltage/current/
resistance/and power measurement devices, signal analyzer devices, 
ultrasonic thickness gauges, electronic component testers, and 
electronic tachometers. 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, prior to use to ensure the equipment is being 
maintained in a safe operating condition. These examination 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 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 one 
percent. When methane is detected in concentrations at or above one 
percent while the nonpermissible electronic equipment is being used, 
the equipment will be de-energized immediately and will be 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 safe use procedures recommended by the 
manufacturer.
    (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 standard.
    Docket Number: M-2017-016-C.
    Petitioner: Prairie State Generating Company, 4274 County Highway 
12, Marissa, Illinois 62257.
    Mine: Lively Grove Mine, MSHA I.D. No. 11-03193, located in 
Washington County, Illinois.

[[Page 37241]]

    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 probes, infrared 
temperature devices, insulation testers (meggers), voltage/current/
resistance/and power measurement devices, signal analyzer devices, 
ultrasonic thickness gauges, electronic component testers, and 
electronic tachometers. 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, prior to use to ensure the 
equipment is being maintained in a safe operating condition. These 
examination 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 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 one 
percent. When methane is detected in concentrations at or above one 
percent while the nonpermissible electronic equipment is being used, 
the equipment will be de-energized immediately and will be 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.
    (7) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (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 standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-16783 Filed 8-8-17; 8:45 am]
 BILLING CODE 4520-43-P