82_FR_61278 82 FR 61032 - Petitions for Modification of Application of Existing Mandatory Safety Standards

82 FR 61032 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range61032-61035
FR Document2017-27666

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 246 (Tuesday, December 26, 2017)
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 61032-61035]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27666]


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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.

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

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 January 25, 2018.

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 petition and

[[Page 61033]]

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-2017-024-C.
    Petitioner: ICG Illinois, LLC, 5945 Lester Road, Williamsville, 
Illinois 62693.
    Mine: Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon 
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 inby the last open crosscut. The 
petitioner states that:
    (1) The use of nonpermissible electronic testing and diagnostic 
equipment will be limited to: 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; 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 electronic 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. 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 one 
percent. When one percent or more methane concentration is detected 
while the nonpermissible electronic equipment is being used, the 
equipment will be deenergized immediately and the nonpermissible 
electronic equipment 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 Mechanized Mining Unit 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 such 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-2017-025-C.
    Petitioner: ICG Illinois, LLC, 5945 Lester Road, Williamsville, 
Illinois 62693.
    Mine: Viper Mine, MSHA I.D. No. 11-02664, located in Sangamon 
County, Illinois.
    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) The use of nonpermissible electronic testing and diagnostic 
equipment will be limited to: 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; 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 electronic 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. 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 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 one percent or more methane concentration is detected 
while the nonpermissible electronic equipment is being used, the 
equipment will be deenergized immediately and the nonpermissible 
electronic equipment 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.
    (6) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the Mechanized Mining Unit will cease.

[[Page 61034]]

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 such 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-2017-026-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Cresson Mine, MSHA I.D. No. 36-09308, located in Cambria 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480-volt extended trailing 
cables on Mobile Bridge Conveyors, Dual Boom Roof Bolters, Truss 
Bolters, Single Boom Roof Bolters, and Shuttle Cars and 995-volt 
extended trailing cables on continuous mining machines. The petitioner 
states that:
    (1) Table 9 in Appendix 1 specifies the maximum length of trailing 
cables as: 600 feet using No. 4 American Wire Gauge (AWG) cables, 700 
feet using No. 2 AWG cable, 850 feet using No. 2/0 AWG cable, and 1,000 
feet using No. 4/0 AWG cable.
    (2) Trailing cables that supply 995-volt 3-phase Alternating 
Current (AC) to continuous miners will not be smaller than No. 2/0 AWG 
shielded cable and will not exceed a length of:
    a. 1,000 feet when using No. 2/0 AWG shielded cable; or
    b. 1,250 feet when using No. 4/0 AWG shielded cable.
    (3) Trailing cables that supply 480-volt 3-phase AC to mobile 
bridge conveyors will not be smaller than No. 2/0 AWG cable and will 
not exceed a length of:
    a. 1,000 feet when using 2/0 AWG cable; or
    b. 1,250 feet when using No. 4/0 AWG cable.
    (4) Trailing cables that supply 480-volt 3-phase AC to the Fletcher 
Dual Boom Roof Bolter and Fletcher Tilt Head Truss Bolter will not 
exceed 1,200 feet in length when using No. 2 AWG cable.
    (5) Trailing cables that supply 480-volt 3-phase AC to the Long 
Airdox Single Head Roof Bolter will not exceed 900 feet in length when 
using No. 4 AWG cable.
    (6) Trailing cables that supply 480-volt 3-phase AC to shuttle cars 
will not exceed 900 feet in length when using No. 4 AWG cable.
    (7) All circuit breakers used to protect No. 4 AWG trailing cable 
exceeding 600 feet in length will have instantaneous trip units 
calibrated and sealed to trip at 500 amperes with +/- 10 percent trip 
tolerance. The circuit breakers will have permanent, legible labels 
attached. The label will identify the circuit breaker as being suitable 
for protecting No. 4 AWG cables.
    (8) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 4 AWG cables will be calibrated and sealed to trip 
at 500 amperes with +/-10 percent trip tolerance.
    (9) All circuit breakers used to protect No. 2 AWG cables exceeding 
700 feet in length will have instantaneous trip units calibrated and 
sealed to trip at 500 amperes with +/-10 percent trip tolerance. The 
circuit breakers will have permanent, legible labels. The label will 
identify the circuit breaker as being suitable for protecting No. 2 AWG 
cables.
    (10) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2 AWG cables will be calibrated and sealed to trip 
at 500 amperes with +/-10 percent trip tolerance.
    (11) All circuit breakers used to protect No. 2/0 AWG cables or No. 
4/0 AWG cables exceeding 850 feet in length will have instantaneous 
units calibrated and sealed to trip at 1,500 amperes with +/-10 percent 
trip tolerance.
    (12) These circuit breakers will have permanent, legible labels. 
The label will identify the circuit breaker as being suitable for 
protecting No. 2/0 AWG or No. 4/0 AWG cables.
    (13) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2/0 AWG or No. 4 AWG cables will be calibrated and 
sealed to trip at 1,500 amperes with +/-10 percent trip tolerance.
    (14) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (15) During production, persons designated by the operator will 
visually examine the trailing cables daily to ensure the cables are in 
safe operating condition and that the instantaneous settings of the 
specially calibrated breakers do not have seals removed or have been 
tampered with and they do not exceed the stipulated settings.
    (16) Trailing cables not in safe operating condition will be 
removed from service immediately and repaired or replaced.
    (17) Splices or repairs in the trailing cables will be made in a 
workmanlike manner, in accordance with the instruction of the 
manufacturer of the splice or repair materials. The splice or repair 
will comply with the requirements in 30 CFR 75.603 and 75.604.
    (18) Permanent warning labels will be installed and maintained on 
the cover or covers of the power center identifying the location of 
each sealed short circuit protective device. These labels will warn 
miners not to change or alter these sealed short circuit settings.
    (19) Excess cable will be stored behind the anchor(s) on equipment 
that use cable reels to prevent the cables from overheating.
    (20) Petitioner will not implement this change until the petition 
for modification is approved and not until all miners who will be 
responsible for examination of the cables and associated electrical 
components have been trained on the contents and precautions included 
in the petition.
    (21) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for the approved 
30 CFR part 48 training plan to the District Manager. These proposed 
revisions will specify task training for miners designated to examine 
the trailing cables for safe operating condition, and verify the 
settings of the circuit breakers that protect the trailing cables do 
not exceed the specified settings in Items 7, 8, 9, 10, 11, 12, and 13. 
The training will include the following elements:
    a. The hazards of setting the circuit breakers too high to 
adequately protect the trailing cables.
    b. How to verify that the circuit breakers protecting the trailing 
cables are properly set and maintained.
    c. Mining methods and operating procedures that will protect the 
trailing cables against damage.
    d. The proper procedure for visually examining trailing cables to 
ensure the cables are in safe operating condition by inspecting the 
entire cable for nicks and abrasions and observing the insulation and 
integrity of any splices or repairs.
    The procedure as specified in 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.

[[Page 61035]]

    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. 2017-27666 Filed 12-22-17; 8:45 am]
 BILLING CODE 4520-43-P



                                               61032                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices

                                               functional limitations, sleep, and an                                    Security retirement benefits and how                          functions of the agency, including
                                               open-ended question asking whether the                                   the timing of claiming affects the                            whether the information will have
                                               respondent wants to report anything                                      benefits.                                                     practical utility.
                                               additional about his or her health.                                        Most of the changes made to the                               • Evaluate the accuracy of the
                                                 Round 28 bolsters the retirement                                       Young Adult questionnaire for 2018                            agency’s estimate of the burden of the
                                               expectations section to collect new                                      have been made to streamline questions                        proposed collection of information,
                                               information on how the respondents                                       and sections in order to cut down on the                      including the validity of the
                                               plan to fund their retirement and on                                     amount of time it takes for a respondent                      methodology and assumptions used.
                                               their knowledge about Social Security.                                   to complete an interview. The Young                             • Enhance the quality, utility, and
                                               We will add questions on whether, at                                     Adult sample will includes 663                                clarity of the information to be
                                               what age, and how much per month the                                     respondents ages 12–22 and 5,663                              collected.
                                               respondent expects to collect Social                                     respondents age 23 and older in Round                           • Minimize the burden of the
                                               Security retirement benefits. We will                                    28.                                                           collection of information on those who
                                               ask similar questions for employer-                                        The questions added to the Young                            are to respond, including through the
                                               based pensions and Individual                                            Adult questionnaire expand our                                use of appropriate automated,
                                               Retirement Accounts. In all three                                        understanding of both physical and                            electronic, mechanical, or other
                                               instances, parallel questions will be                                    mental/emotional health and well-being                        technological collection techniques or
                                               asked about the spouse/partner’s                                         such as gender identity and sexual                            other forms of information technology,
                                               expected sources of income. We will                                      orientation, resiliency, loneliness and                       e.g., permitting electronic submissions
                                               also ask the estimated value of other                                    social isolation, self-worth, and social                      of responses.
                                               assets the respondent might live off of                                  cognition.                                                      Title of Collection: National
                                               during retirement and whether she                                                                                                      Longitudinal Survey of Youth 1979.
                                               expects support from family members.                                     III. Desired Focus of Comments                                  OMB Number: 1220–0109.
                                               The questions on knowledge of Social                                       The BLS is particularly interested in                         Type of Review: Revision, with
                                               Security benefits will ask about the                                     comments that:                                                change, of a previously approved
                                               timing of starting retirement benefits                                     • Evaluate whether the proposed                             collection.
                                               and several true/false questions that ask                                collection of information is necessary                          Affected Public: Individuals or
                                               about what entitles one to Social                                        for the proper performance of the                             households.

                                                                                                                            ESTIMATED TOTAL BURDEN HOURS
                                                                                                                                                                                                       Average time               Estimated
                                                                                                                                             Total                                       Total
                                                                                      Form                                                                    Frequency                                per response              total burden
                                                                                                                                          respondents                                 responses          (minutes)                  (hours)

                                               NLSY79 Round 27 Main Survey .........................................                             6,900     Biennially      .......          6,900                        75             8,625
                                               Round 27 Validation Interviews ...........................................                           10     Biennially      .......             10                         6                 1
                                               Young Adult Survey (Ages 12 to 13) ..................................                                20     Biennially      .......             20                        50                17
                                               Young Adult Survey (Ages 14 to 18) ..................................                               294     Biennially      .......            294                        66               323
                                               Young Adult Survey (Ages 19 to 24) ..................................                               962     Biennially      .......            962                        63             1,010
                                               Young Adult Survey, Grant component (Age 25 to 28),                                               1,210     Biennially      .......          1,210                        60             1,210
                                                 interview.
                                               Young Adult Survey, Grant component (Age 29 and                                                   2,574     Biennially .......               2,574                        70             3,003
                                                 older), interview.

                                                    Totals 1 ..........................................................................         11,960     ........................        11,970     ........................         14,189
                                                  1 Thetotal number of 11,960 respondents across all the survey instruments is a mutually exclusive count that does not include the 10 reinter-
                                               view respondents, who were previously counted among the main and young adult survey respondents.


                                                 Comments submitted in response to                                      DEPARTMENT OF LABOR                                           ADDRESSES:   You may submit your
                                               this notice will be summarized and/or                                                                                                  comments, identified by ‘‘docket
                                               included in the request for Office of                                    Mine Safety and Health Administration                         number’’ on the subject line, by any of
                                               Management and Budget approval of the                                                                                                  the following methods:
                                                                                                                        Petitions for Modification of                                    1. Electronic Mail: zzMSHA-
                                               information collection request; they also
                                                                                                                        Application of Existing Mandatory                             comments@dol.gov. Include the docket
                                               will become a matter of public record.
                                                                                                                        Safety Standards                                              number of the petition in the subject
                                                 Signed at Washington, DC, this 19th day of
                                                                                                                        AGENCY: Mine Safety and Health                                line of the message.
                                               December 2017.
                                                                                                                        Administration, Labor.                                           2. Facsimile: 202–693–9441.
                                               Kimberley D. Hill,
                                                                                                                        ACTION: Notice.                                                  3. Regular Mail or Hand Delivery:
                                               Chief, Division of Management Systems.                                                                                                 MSHA, Office of Standards,
                                               [FR Doc. 2017–27662 Filed 12–22–17; 8:45 am]                             SUMMARY:   This notice is a summary of                        Regulations, and Variances, 201 12th
                                               BILLING CODE 4510–24–P                                                   petitions for modification submitted to                       Street South, Suite 4E401, Arlington,
ethrower on DSK3G9T082PROD with NOTICES




                                                                                                                        the Mine Safety and Health                                    Virginia 22202–5452, Attention: Sheila
                                                                                                                        Administration (MSHA) by the parties                          McConnell, Director, Office of
                                                                                                                        listed below.                                                 Standards, Regulations, and Variances.
                                                                                                                        DATES: All comments on the petitions                          Persons delivering documents are
                                                                                                                        must be received by MSHA’s Office of                          required to check in at the receptionist’s
                                                                                                                        Standards, Regulations, and Variances                         desk in Suite 4E401. Individuals may
                                                                                                                        on or before January 25, 2018.                                inspect copies of the petition and


                                          VerDate Sep<11>2014       20:21 Dec 22, 2017         Jkt 244001       PO 00000       Frm 00085    Fmt 4703   Sfmt 4703    E:\FR\FM\26DEN1.SGM      26DEN1


                                                                          Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices                                           61033

                                               comments during normal business                         and power measurement devices;                           Mine: Viper Mine, MSHA I.D. No. 11–
                                               hours at the address listed above.                      ultrasonic thickness gauges; electronic               02664, located in Sangamon County,
                                                 MSHA will consider only comments                      component testers; and electronic                     Illinois.
                                               postmarked by the U.S. Postal Service or                tachometers. Other testing and                           Regulation Affected: 30 CFR 75.507–
                                               proof of delivery from another delivery                 diagnostic equipment may be used if                   1(a) (Electric equipment other than
                                               service such as UPS or Federal Express                  approved in advance by the MSHA                       power-connection points; outby the last
                                               on or before the deadline for comments.                 District Manager.                                     open crosscut; return air; permissibility
                                               FOR FURTHER INFORMATION CONTACT:                           (2) All nonpermissible electronic                  requirements).
                                               Barbara Barron, Office of Standards,                    testing and diagnostic equipment used                    Modification Request: The petitioner
                                               Regulations, and Variances at 202–693–                  in or inby the last open crosscut will be             requests a modification of the existing
                                                                                                       examined by a qualified person, as                    standard to permit the use of
                                               9447 (Voice), barron.barbara@dol.gov
                                                                                                       defined in 30 CFR 75.153, prior to use                nonpermissible electronic testing or
                                               (Email), or 202–693–9441 (Facsimile).
                                                                                                       to ensure the equipment is being                      diagnostic equipment in return air outby
                                               [These are not toll-free numbers.]
                                                                                                       maintained in a safe operating                        the last open crosscut. The petitioner
                                               SUPPLEMENTARY INFORMATION: Section                                                                            states that:
                                               101(c) of the Federal Mine Safety and                   condition. The examinations results will
                                                                                                                                                                (1) The use of nonpermissible
                                               Health Act of 1977 and Title 30 of the                  be recorded weekly in the examination
                                                                                                                                                             electronic testing and diagnostic
                                               Code of Federal Regulations Part 44                     book and will be made available to
                                                                                                                                                             equipment will be limited to: Laptop
                                               govern the application, processing, and                 MSHA and the miners at the mine.
                                                                                                                                                             computers; oscilloscopes; vibration
                                               disposition of petitions for modification.                 (3) A qualified person, as defined in              analysis machines; cable fault detectors;
                                                                                                       30 CFR 75.151, will continuously                      point temperature probes; infrared
                                               I. Background                                           monitor for methane immediately before                temperature devices; insulation testers
                                                 Section 101(c) of the Federal Mine                    and during the use of nonpermissible                  (meggers); voltage, current, resistance,
                                               Safety and Health Act of 1977 (Mine                     electronic testing and diagnostic                     and power measurement devices;
                                               Act) allows the mine operator or                        equipment in or inby the last open                    ultrasonic thickness gauges; electronic
                                               representative of miners to file a                      crosscut.                                             component testers; and electronic
                                               petition to modify the application of any                  (4) Nonpermissible electronic testing              tachometers. Other testing and
                                               mandatory safety standard to a coal or                  and diagnostic equipment will not be                  diagnostic equipment may be used if
                                               other mine if the Secretary of Labor                    used if methane is detected in                        approved in advance by the MSHA
                                               (Secretary) determines that:                            concentrations at or above one percent.               District Manager.
                                                 1. An alternative method of achieving                 When one percent or more methane                         (2) All nonpermissible electronic
                                               the result of such standard exists which                concentration is detected while the                   testing and diagnostic equipment used
                                               will at all times guarantee no less than                nonpermissible electronic equipment is                in return air outby the last open crosscut
                                               the same measure of protection afforded                 being used, the equipment will be                     will be examined by a qualified person,
                                               the miners of such mine by such                         deenergized immediately and the                       as defined in 30 CFR 75.153, prior to
                                               standard; or                                            nonpermissible electronic equipment                   use to ensure the equipment is being
                                                 2. That the application of such                       will be withdrawn outby the last open                 maintained in a safe operating
                                               standard to such mine will result in a                  crosscut.                                             condition. The examinations results will
                                               diminution of safety to the miners in                      (5) All hand-held methane detectors                be recorded weekly in the examination
                                               such mine.                                              will be MSHA-approved and                             book and will be made available to
                                                 In addition, the regulations at 30 CFR                maintained in permissible and proper                  MSHA and the miners at the mine.
                                               44.10 and 44.11 establish the                           operating condition as defined in 30                     (3) A qualified person, as defined in
                                               requirements and procedures for filing                  CFR 75.320.                                           30 CFR 75.151, will continuously
                                               petitions for modification.                                (6) Except for time necessary to                   monitor for methane immediately before
                                               II. Petitions for Modification                          troubleshoot under actual mining                      and during the use of nonpermissible
                                                                                                       conditions, coal production in the                    electronic testing and diagnostic
                                                  Docket Number: M–2017–024–C.                         Mechanized Mining Unit will cease.                    equipment in return air outby the last
                                                  Petitioner: ICG Illinois, LLC, 5945                  However, coal may remain in or on the                 open crosscut.
                                               Lester Road, Williamsville, Illinois                    equipment to test and diagnose the                       (4) Nonpermissible electronic testing
                                               62693.                                                  equipment under ‘‘load.’’                             and diagnostic equipment will not be
                                                  Mine: Viper Mine, MSHA I.D. No. 11–                     (7) All electronic testing and                     used if methane is detected in
                                               02664, located in Sangamon County,                      diagnostic equipment will be used in                  concentrations at or above one percent.
                                               Illinois.                                               accordance with the manufacturer’s                    When one percent or more methane
                                                  Regulation Affected: 30 CFR 75.500(d)                recommendations.                                      concentration is detected while the
                                               (Permissible electric equipment).                                                                             nonpermissible electronic equipment is
                                                                                                          (8) Qualified personnel who use
                                                  Modification Request: The petitioner                                                                       being used, the equipment will be
                                                                                                       electronic testing and diagnostic
                                               requests a modification of the existing                                                                       deenergized immediately and the
                                                                                                       equipment will be properly trained to
                                               standard to permit the use of                                                                                 nonpermissible electronic equipment
                                                                                                       recognize the hazards and limitations
                                               nonpermissible electronic testing or                                                                          will be withdrawn from the return air
                                                                                                       associated with use of such equipment.
                                               diagnostic equipment inby the last open                                                                       outby the last open crosscut.
                                               crosscut. The petitioner states that:                      The petitioner asserts that the
                                                                                                                                                                (5) All hand-held methane detectors
                                                  (1) The use of nonpermissible                        proposed alternative method will at all
                                                                                                                                                             will be MSHA-approved and
ethrower on DSK3G9T082PROD with NOTICES




                                               electronic testing and diagnostic                       times guarantee no less than the same
                                                                                                                                                             maintained in permissible and proper
                                               equipment will be limited to: Laptop                    measure of protection afforded by the
                                                                                                                                                             operating condition as defined in 30
                                               computers; oscilloscopes; vibration                     existing standard.
                                                                                                                                                             CFR 75.320.
                                               analysis machines; cable fault detectors;                  Docket Number: M–2017–025–C.                          (6) Except for time necessary to
                                               point temperature probes; infrared                         Petitioner: ICG Illinois, LLC, 5945                troubleshoot under actual mining
                                               temperature devices; insulation testers                 Lester Road, Williamsville, Illinois                  conditions, coal production in the
                                               (meggers); voltage, current, resistance,                62693.                                                Mechanized Mining Unit will cease.


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                                               61034                      Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices

                                               However, coal may remain in or on the                      (5) Trailing cables that supply 480-               settings of the specially calibrated
                                               equipment to test and diagnose the                      volt 3-phase AC to the Long Airdox                    breakers do not have seals removed or
                                               equipment under ‘‘load.’’                               Single Head Roof Bolter will not exceed               have been tampered with and they do
                                                 (7) All electronic testing and                        900 feet in length when using No. 4                   not exceed the stipulated settings.
                                               diagnostic equipment will be used in                    AWG cable.                                               (16) Trailing cables not in safe
                                               accordance with the manufacturer’s                         (6) Trailing cables that supply 480-               operating condition will be removed
                                               recommendations.                                        volt 3-phase AC to shuttle cars will not              from service immediately and repaired
                                                 (8) Qualified personnel who use                       exceed 900 feet in length when using                  or replaced.
                                               electronic testing and diagnostic                       No. 4 AWG cable.                                         (17) Splices or repairs in the trailing
                                               equipment will be properly trained to                      (7) All circuit breakers used to protect           cables will be made in a workmanlike
                                               recognize the hazards and limitations                   No. 4 AWG trailing cable exceeding 600                manner, in accordance with the
                                               associated with use of such equipment.                  feet in length will have instantaneous                instruction of the manufacturer of the
                                                 The petitioner asserts that the                       trip units calibrated and sealed to trip              splice or repair materials. The splice or
                                               proposed alternative method will at all                 at 500 amperes with +/¥ 10 percent trip               repair will comply with the
                                               times guarantee no less than the same                   tolerance. The circuit breakers will have             requirements in 30 CFR 75.603 and
                                               measure of protection afforded by the                   permanent, legible labels attached. The               75.604.
                                               existing standard.                                      label will identify the circuit breaker as               (18) Permanent warning labels will be
                                                 Docket Number: M–2017–026–C.                          being suitable for protecting No. 4 AWG               installed and maintained on the cover or
                                                 Petitioner: Rosebud Mining Company,                   cables.                                               covers of the power center identifying
                                               301 Market Street, Kittanning,                             (8) Replacement circuit breakers and/              the location of each sealed short circuit
                                               Pennsylvania 16201.                                     or instantaneous trip units used to                   protective device. These labels will
                                                 Mine: Cresson Mine, MSHA I.D. No.                     protect No. 4 AWG cables will be                      warn miners not to change or alter these
                                               36–09308, located in Cambria County,                    calibrated and sealed to trip at 500                  sealed short circuit settings.
                                               Pennsylvania.                                           amperes with +/¥10 percent trip                          (19) Excess cable will be stored
                                                 Regulation Affected: 30 CFR 75.503                    tolerance.                                            behind the anchor(s) on equipment that
                                               (Permissible electric face equipment;                      (9) All circuit breakers used to protect           use cable reels to prevent the cables
                                               maintenance) and 18.35(a)(5)(i)                         No. 2 AWG cables exceeding 700 feet in                from overheating.
                                               (Portable (trailing) cables and cords).                 length will have instantaneous trip units                (20) Petitioner will not implement
                                                 Modification Request: The petitioner                  calibrated and sealed to trip at 500                  this change until the petition for
                                               requests a modification of the existing                 amperes with +/¥10 percent trip                       modification is approved and not until
                                               standard to permit the use of 480-volt                  tolerance. The circuit breakers will have             all miners who will be responsible for
                                               extended trailing cables on Mobile                      permanent, legible labels. The label will             examination of the cables and
                                               Bridge Conveyors, Dual Boom Roof                        identify the circuit breaker as being                 associated electrical components have
                                               Bolters, Truss Bolters, Single Boom Roof                suitable for protecting No. 2 AWG                     been trained on the contents and
                                               Bolters, and Shuttle Cars and 995-volt                  cables.                                               precautions included in the petition.
                                               extended trailing cables on continuous                     (10) Replacement circuit breakers
                                                                                                                                                                (21) Within 60 days after the proposed
                                               mining machines. The petitioner states                  and/or instantaneous trip units used to
                                                                                                                                                             decision and order becomes final, the
                                               that:                                                   protect No. 2 AWG cables will be
                                                 (1) Table 9 in Appendix 1 specifies                                                                         petitioner will submit proposed
                                                                                                       calibrated and sealed to trip at 500
                                               the maximum length of trailing cables                                                                         revisions for the approved 30 CFR part
                                                                                                       amperes with +/¥10 percent trip
                                               as: 600 feet using No. 4 American Wire                                                                        48 training plan to the District Manager.
                                                                                                       tolerance.
                                               Gauge (AWG) cables, 700 feet using No.                     (11) All circuit breakers used to                  These proposed revisions will specify
                                               2 AWG cable, 850 feet using No. 2/0                     protect No. 2/0 AWG cables or No. 4/0                 task training for miners designated to
                                               AWG cable, and 1,000 feet using No.                     AWG cables exceeding 850 feet in                      examine the trailing cables for safe
                                               4/0 AWG cable.                                          length will have instantaneous units                  operating condition, and verify the
                                                 (2) Trailing cables that supply 995-                  calibrated and sealed to trip at 1,500                settings of the circuit breakers that
                                               volt 3-phase Alternating Current (AC) to                amperes with +/¥10 percent trip                       protect the trailing cables do not exceed
                                               continuous miners will not be smaller                   tolerance.                                            the specified settings in Items 7, 8, 9, 10,
                                               than No. 2/0 AWG shielded cable and                        (12) These circuit breakers will have              11, 12, and 13. The training will include
                                               will not exceed a length of:                            permanent, legible labels. The label will             the following elements:
                                                 a. 1,000 feet when using No. 2/0 AWG                  identify the circuit breaker as being                    a. The hazards of setting the circuit
                                               shielded cable; or                                      suitable for protecting No. 2/0 AWG or                breakers too high to adequately protect
                                                 b. 1,250 feet when using No. 4/0 AWG                  No. 4/0 AWG cables.                                   the trailing cables.
                                               shielded cable.                                            (13) Replacement circuit breakers                     b. How to verify that the circuit
                                                 (3) Trailing cables that supply 480-                  and/or instantaneous trip units used to               breakers protecting the trailing cables
                                               volt 3-phase AC to mobile bridge                        protect No. 2/0 AWG or No. 4 AWG                      are properly set and maintained.
                                               conveyors will not be smaller than No.                  cables will be calibrated and sealed to                  c. Mining methods and operating
                                               2/0 AWG cable and will not exceed a                     trip at 1,500 amperes with +/¥10                      procedures that will protect the trailing
                                               length of:                                              percent trip tolerance.                               cables against damage.
                                                 a. 1,000 feet when using 2/0 AWG                         (14) All components that provide                      d. The proper procedure for visually
                                               cable; or                                               short-circuit protection will have a                  examining trailing cables to ensure the
                                                 b. 1,250 feet when using No. 4/0 AWG                  sufficient interruption rating in                     cables are in safe operating condition by
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                                               cable.                                                  accordance with the maximum                           inspecting the entire cable for nicks and
                                                 (4) Trailing cables that supply 480-                  calculated fault currents available.                  abrasions and observing the insulation
                                               volt 3-phase AC to the Fletcher Dual                       (15) During production, persons                    and integrity of any splices or repairs.
                                               Boom Roof Bolter and Fletcher Tilt                      designated by the operator will visually                 The procedure as specified in 30 CFR
                                               Head Truss Bolter will not exceed 1,200                 examine the trailing cables daily to                  48.3 for approval of proposed revisions
                                               feet in length when using No. 2 AWG                     ensure the cables are in safe operating               to already approved training plans will
                                               cable.                                                  condition and that the instantaneous                  apply.


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                                                                          Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Notices                                           61035

                                                 The petitioner asserts that the                       Washington, DC 20210. Deliveries                      accidents (29 U.S.C. 657). The OSH Act
                                               proposed alternative method will at all                 (hand, express mail, messenger, and                   also requires that OSHA obtain such
                                               times guarantee no less than the same                   courier services) are accepted during the             information with minimum burden
                                               measure of protection afforded by the                   Docket Office’s normal business hours,                upon employers, especially those
                                               existing standard.                                      10:00 a.m. to 3:00 p.m., ET.                          operating small businesses, and to
                                                                                                          Instructions: All submissions must                 reduce to the maximum extent feasible
                                               Sheila McConnell,
                                                                                                       include the Agency name and OSHA                      unnecessary duplication of efforts in
                                               Director, Office of Standards, Regulations,             docket number (OSHA–2011–0189) for                    obtaining information (29 U.S.C. 657).
                                               and Variances.
                                                                                                       the Information Collection Request                       Certification of repair
                                               [FR Doc. 2017–27666 Filed 12–22–17; 8:45 am]
                                                                                                       (ICR). All comments, including any                    (§ 1910.177(d)(3)(iv)). This paragraph
                                               BILLING CODE 4520–43–P                                  personal information you provide, are                 requires that when restraining devices
                                                                                                       placed in the public docket without                   and barriers are removed from service
                                                                                                       change, and may be made available                     because they are defective, they shall
                                               DEPARTMENT OF LABOR                                     online at http://www.regulations.gov.                 not be returned to service until they are
                                               Occupational Safety and Health                          For further information on submitting                 repaired and reinspected. If the repair is
                                               Administration                                          comments, see the ‘‘Public                            structural, the manufacturer or a
                                                                                                       Participation’’ heading in the section of             Registered Professional Engineer must
                                               [Docket No. OSHA–2011–0189]                             this notice titled SUPPLEMENTARY                      certify that the strength requirements
                                                                                                       INFORMATION.                                          specified in § 1910.177(d)(3)(i) of the
                                               Servicing Multi-Piece and Single Piece                     Docket: To read or download                        Standard have been met.
                                               Rim Wheels; Extension of the Office of                  comments or other materials in the                       The certification records are used to
                                               Management and Budget’s (OMB)                           docket, go to http://www.regulations.gov              assure that equipment has been properly
                                               Approval of Information Collection                      or the OSHA Docket Office at the                      repaired. The certification records also
                                               (Paperwork) Requirements                                address above. All documents in the                   provide the most efficient means for
                                               AGENCY:  Occupational Safety and Health                 docket (including this Federal Register               OSHA compliance officers to determine
                                               Administration, Labor.                                  notice) are listed in the http://                     that an employer is complying with the
                                               ACTION: Request for public comments.                    www.regulations.gov_index; however,                   Standard.
                                                                                                       some information (e.g., copyrighted                      Marking or tagging of wheel
                                               SUMMARY:   OSHA solicits public                         material) is not publicly available to                components (1910.177(e)(2)). This
                                               comments concerning its proposal to                     read or download from the website. All                paragraph requires that defective wheels
                                               extend the Office of Management and                     submissions, including copyrighted                    and wheel components ‘‘be marked or
                                               Budget’s (OMB) approval of the                          material, are available for inspection                tagged unserviceable and removed from
                                               information collection requirements                     and copying at the OSHA Docket Office.                the service area.’’ Under this
                                               specified in the Standard on Servicing                  You may also contact Theda Kenney at                  requirement, OSHA is providing
                                               Multi-Piece and Single Piece Rim                        the address below to obtain a copy of                 employers with sufficient information
                                               Wheels. The paperwork provisions of                     the ICR.                                              from which they can derive the wording
                                               the Standard includes a requirement                     FOR FURTHER INFORMATION CONTACT:                      to use in marking the object or
                                               that the manufacturer or a Registered                   Theda Kenney or Charles McCormick,                    constructing a tag. Therefore, this
                                               Professional Engineer certify that                      Directorate of Standards and Guidance,                provision imposes no paperwork burden
                                               repaired restraining devices and barriers               OSHA, U.S. Department of Labor;                       because it falls within the portion of 5
                                               meet the strength requirements                          telephone (202) 693–2222.                             CFR 1320(c)(2) that states, ‘‘The public
                                               specified in the Standard and a                         SUPPLEMENTARY INFORMATION:                            disclosure of information originally
                                               requirement that defective wheels and                                                                         supplied by the Federal government to
                                               wheel components be marked or tagged.                   I. Background                                         the recipient for the purpose of
                                               DATES: Comments must be submitted                         The Department of Labor, as part of its             disclosure to the public is not included
                                               (postmarked, sent, or received) by                      continuing effort to reduce paperwork                 within this definition [of ‘collection of
                                               February 26, 2018.                                      and respondent (i.e., employer) burden,               information’]’’.
                                               ADDRESSES:                                              conducts a preclearance consultation                  II. Special Issues for Comment
                                                 Electronically: You may submit                        program to provide the public with an
                                               comments and attachments                                opportunity to comment on proposed                      OSHA has a particular interest in
                                               electronically at http://                               and continuing information collection                 comments on the following issues:
                                               www.regulations.gov, which is the                       requirements in accord with the                         • Whether the proposed information
                                               Federal eRulemaking Portal. Follow the                  Paperwork Reduction Act of 1995 (PRA)                 collection requirements are necessary
                                               instructions online for submitting                      (44 U.S.C. 3506(c)(2)(A)). This program               for the proper performance of the
                                               comments.                                               ensures that information is in the                    Agency’s functions, including whether
                                                 Facsimile: If your comments,                          desired format, reporting burden (time                the information is useful;
                                               including attachments, are not longer                   and costs) is minimal, collection                       • The accuracy of OSHA’s estimate of
                                               than 10 pages, you may fax them to the                  instruments are clearly understood, and               the burden (time and costs) of the
                                               OSHA Docket Office at (202) 693–1648.                   OSHA’s estimate of the information                    information collection requirements,
                                                 Mail, hand delivery, express mail,                    collection burden is accurate. The                    including the validity of the
                                               messenger, or courier service: When                     Occupational Safety and Health Act of                 methodology and assumptions used;
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                                               using this method, you must submit a                    1970 (the OSH Act) (29 U.S.C. 651 et                    • The quality, utility, and clarity of
                                               copy of your comments and attachments                   seq.) authorizes information collection               the information collected; and
                                               to the OSHA Docket Office, Docket No.                   by employers as necessary or                            • Ways to minimize the burden on
                                               OSHA–2011–0189, Occupational Safety                     appropriate for enforcement of the OSH                employers who must comply. For
                                               and Health Administration, U.S.                         Act or for developing information                     example, by using automated or other
                                               Department of Labor, Room N–3653,                       regarding the causes and prevention of                technological information collection
                                               200 Constitution Avenue NW,                             occupational injuries, illnesses, and                 and transmission techniques.


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Document Created: 2017-12-23 03:08:12
Document Modified: 2017-12-23 03:08:12
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 January 25, 2018.
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 61032 

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