83_FR_15947 83 FR 15876 - Petition for Modification of Application of Existing Mandatory Safety Standard

83 FR 15876 - Petition for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 71 (April 12, 2018)

Page Range15876-15879
FR Document2018-07546

This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below.

Federal Register, Volume 83 Issue 71 (Thursday, April 12, 2018)
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Notices]
[Pages 15876-15879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07546]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

[[Page 15877]]


DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before May 14, 2018.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Email: [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 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. Petition for Modification

    Docket Number: M-2018-003-M.
    Petitioner: Ciner Wyoming LLC, P.O. Box 513, 254 County Road 4-6, 
Green River, Wyoming 82935.
    Mine: Big Island Mine, MSHA I.D. No. 48-00154, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard to establish an alternative method. The petitioner 
alleges that application of the standards as currently enforced will 
result in a diminution of safety to miners.
    The petitioner states that:
    (1) Mining operations at the Big Island Mine do not involve pillar 
recovery workings, longwall faces, or short-wall faces. Thus, at the 
Big Island Mine, 30 CFR 57.22305 prohibits the use of nonpermissible 
equipment ``in or beyond the last open crosscut.'' The term ``last open 
crosscut'' is not defined by statue or regulation.
    (2) The petitioner has formulated a methodology, set forth in this 
petition that provides operational certainty regarding the location of 
the last open crosscut and corresponding permissibility boundary for 
the petitioner's mining operation unique to the Big Island Mine, and 
minimizes the employees' exposure to red-zone hazards.
    (3) Though the petitioner contends that its current mining 
methodology is compliant with all aspects of 30 CFR 57.22305, the 
petitioner proposes this alternative methodology to provide operational 
certainty for the location of the permissibility boundary, and in 
return, to ensure that the requirements of 30 CFR 57.22305 are 
satisfied.
    In addition, the alternative methodology eliminates unnecessary 
movement of the continuous miner, which in turn reduces mine personnel 
exposure to red-zone hazards
    (4) The petitioner proposes the following alternative method:
    (i) The Big Island Mine is a Category III mine as defined in 30 CFR 
57.22003(a)(3).
    (ii) Methane is not capable of forming explosive mixtures at levels 
below 5 percent in an environment with normal atmospheric levels of 
approximately 20 percent oxygen as defined in 30 CFR 57.22003(a)(3).
    (iii) The quantity of air coursed through continuous miner sections 
meets or exceeds the 9,000 cubic feet per minute requirement as defined 
in 30 CFR 57.22213.
    (iv) When the continuous miner is cutting ore, nonpermissible 
equipment will be staged outby the nonpermissible equipment staging 
boundary (NPESB).
    (v) The continuous miner is equipped with a methane monitor as 
defined in 30 CFR 57.22308.
    (vi) Pursuant to 30 CFR 57.22308, all methane monitors will (1) 
give warning at 1.0 percent methane; (2) automatically de-energize 
electrical equipment, except power to monitoring equipment determined 
by MSHA to be intrinsically safe under 30 CFR part 18 and prevent 
starting such equipment when methane levels reach 1.5 percent; and (3) 
automatically de-energize electrical equipment when power to a sensor 
is interrupted.
    (vii) If the presence of methane is detected at or above 1.0 
percent, immediate action will be taken to shut down equipment in the 
affected area, and ventilation changes will be made to reduce the 
methane, pursuant to 30 CFR 57.22234.
    (viii) Nonpermissible equipment may be operated inby the NPESB to 
service the continuous miner (including loading bolts) only when the 
continuous miner is not cutting ore. A competent person, as defined in 
30 CFR 57.22002, will monitor for methane immediately before and during 
use of nonpermissible equipment to service the continuous miner. The 
competent person will utilize an approved testing device pursuant to 30 
CFR 57.22227(a). Methane monitoring devices used for measuring methane, 
other gases, and contaminants in mine air will be approved by MSHA 
under applicable requirements of 30 CFR parts 18, 21, 22, 23, 27, and 
29. Such devices will be maintained in accordance with the 
manufacturers' instructions, or an equivalent maintenance and 
calibration procedure.
    (ix) When operating nonpermissible equipment inby the NPESB, such 
equipment will not travel inby the permissibility boundary (PB).
    (x) Competent personnel engaged in the use of nonpermissible 
equipment will be properly trained to recognize the hazards and 
limitations associated with the use of nonpermissible equipment.
    (xi) As the continuous miner advances a room in a development 
sequence, the petitioner will install foam curtains on the crosscut 
outby the last open crosscut, defined herein as the last open crosscut 
perpendicular to the direction of the room being mined and at the 
boundary of intake and return air systems. Guidance for the application 
of foam to installed curtains will be provided.
    (5) The requested modification in this petition would eliminate 
undue risk of injury caused by retreating the

[[Page 15878]]

continuous miner for purposes of conducting maintenance, including the 
elimination of pinch points, red zones, manual lifting, and the 
carrying and hauling of bits, roof support materials and repair 
components. Nonpermissible equipment will be able to service the 
continuous miner near its cutting location, greatly reducing the risks 
associated with these tasks, with a concomitant risk from methane 
ignition.
    The petitioner asserts that application of the existing standard 
would result in a diminution of safety to the miners and that the 
proposed alternative method will guarantee that no less than the same 
measure of protection is afforded the miners at the Big Island Mine.
    Docket Number: M-2018-005-C.
    Petitioner: Hamilton County Coal, LLC, 18033 County Road 500E, 
Dahlgren, Illinois 62828-4294.
    Mine: Hamilton Mine No. 1, MSHA I.D. No. 11-03203, located in 
Hamilton County, Illinois.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of trailing cables to be 
increased to 1,200 feet for supplying power to continuous mining 
machines, roof bolting machines, section ventilation fans, and shuttle 
cars.
    The petitioner states that:
    (1) Petitioner is developing longwall panels as part of a 
continuing mining cycle. The development panels consist of a multiple 
entry system with crosscut centers not to exceed a maximum of 250 feet 
to improve roof and abutment pressure control during longwall mining. 
Ventilation is also improved by limiting the number of stoppings, which 
have a built-in ventilation pressure loss factor.
    (2) The trailing cables will apply to \3/0\ American Wire Gauge 
(AWG) three phase 995-volt Alternating Current (AC) continuous mining 
machine, No. 2 AWG three phase 995-volt AC roof bolting machines, No. 2 
AWG three phase 480-volt AC roof bolting machines, No. 2 AWG three 
phase 995-volt AC section ventilation fans, and \2/0\ AWG 600-volt 
Direct Current (DC) shuttle cars.
    (3) The trailing cables for 995-volt AC continuous mining machines 
will not be smaller than \3/0\ AWG.
    (4) The trailing cables for the 995-volt AC roof bolting machines 
will not be smaller than No. 2 AWG.
    (5) The trailing cables for 995-volt AC section ventilation fans 
will not be smaller than No. 2 AWG.
    (6) The trailing cables for 600-volt DC shuttle cars will not be 
smaller than \2/0\ AWG.
    (7) All circuit breakers used to protect No. 2 AWG 995-volt 
trailing cables exceeding 700 feet in length will have instantaneous 
trip units calibrated to trip at 800 amperes. The trip setting of the 
circuit breakers will be sealed to ensure that the setting on these 
breakers cannot be changed, and these breakers will have permanent 
legible labels. Each label will identify these circuit breakers as 
being suitable for protecting the No. 2 AWG cables.
    (8) Replacement circuit breakers and/or instantaneous trip units 
used to protect the No. 2 AWG 995-volt trailing cables will be 
calibrated to trip at 800 amperes and this setting will be sealed.
    (9) All circuit breakers used to protect No. 2 AWG 480-volt 
trailing cables exceeding 700 feet in length will have instantaneous 
trip units calibrated to trip at 450 amperes. The trip setting of these 
circuit breakers will be sealed to ensure that the settings on these 
breakers cannot be changed, and these breakers will have permanent, 
legible labels. Each label will identify the circuit breaker as being 
suitable for protecting the No. 2 AWG cables.
    (10) Replacement circuit breakers and/or instantaneous trip units, 
used to protect the No. 2 AWG 480-volt trailing cables will be 
calibrated to trip at 450 amperes, and this setting will be sealed.
    (11) All circuit breakers used to protect \3/0\ AWG 995-volt 
trailing cables exceeding 900 feet in length will have instantaneous 
trip units to trip at 1,830 amperes. The trip setting of these circuit 
breakers will be sealed to ensure that the settings on these breakers 
cannot be changed, and these breakers will have permanent legible 
labels. Each label will identify the circuit breaker as being suitable 
for protecting the \3/0\ AWG cable.
    (12) Replacement circuit breakers and/or instantaneous trip units 
used to protect the \3/0\ AWG 995-volt trailing cables will be 
calibrated to trip at 1,830 amperes, and this setting will be sealed.
    (13) All circuit breakers used to protect \2/0\ AWG 600-volt DC 
trailing cables exceeding 850 feet in length will have instantaneous 
trip units to trip at 900 amperes. The trip setting of these circuit 
breakers will be sealed to ensure that the settings on these breakers 
cannot be changed, and these breakers will have permanent legible 
labels. Each label shall identify the circuit breaker as being suitable 
for protecting the \2/0\ AWG cable.
    (14) Replacement circuit breakers and/or instantaneous trip units 
used to protect the \2/0\ AWG 600-volt trailing cables will be 
calibrated to trip at 900 amperes and this setting will be sealed.
    (15) All components that provide short circuit protection will have 
sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (16) During each production day, persons designated by the operator 
will visually examine the trailing cables to ensure that the cables are 
in safe operation condition and that the instantaneous settings of the 
specially calibrated breakers do not have seals or locks removed and 
that they do not exceed the stipulated settings.
    (17) Any trailing cable that is not in safe operating condition 
will be removed from service immediately and repaired or replaced.
    (18) Each splice or repair in the trailing cable will be made in a 
workmanlike manner and in accordance with the instructions of the 
manufacturer of the splice or repair materials. The splice or repair 
will comply with 30 CFR 75.603 and 75.604 requirements. The outer 
jacket of each splice or repair will be vulcanized with flame-resistant 
material or made with material that has been accepted by MSHA as flame-
resistant.
    (19) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed or locked short-circuit protective device. These labels will 
warn miners not change or alter these short-circuit settings and any 
sign of tempering with the specially calibrated breaker or trip unit 
will require the replacement of the circuit breaker with another 
calibrated, sealed and/or locked trip unit.
    (20) In the event the mining method or operating procedures cause 
or contribute to the damage of any trailing cable, the cable will be 
removed from service immediately and repaired or replaced. Also, 
additional precautions will be taken to ensure that haulage roads and 
trailing cable storage areas are situated to minimize contact of the 
trailing cable with continuous miners, loading machines, shuttle cars, 
roof bolters, and section ventilation fans. Moreover, trailing cable 
anchors on cable reel equipment will be of a permanent type that 
minimizes the tensile forces on the trailing cables.
    (21) Where the method of mining would require that trailing cables 
cross roadways or haulage ways, the cable will be securely supported 
from the mine roof or a substantial bridge for equipment to pass over 
the cables will be provided and used.
    (22) Excessive cable will be stored behind the anchor(s) on 
equipment that

[[Page 15879]]

use cable reels to prevent cables from overheating.
    (23) The petitioner's alternative method will not be implemented 
until all miners who have been designated to examine the integrity of 
seals or locks and to verify the short-circuit settings and proper 
procedure for examining trailing cables for defects and damage have 
received the training specified above.
    (24) The equipment listed in this petition will comply with all 
other applicable requirements of the Federal Mine Safety and Health Act 
of 1977 and the applicable requirements of 30 CFR part 75.
    (25) Within 60 days after this petition is final, the petitioner 
will submit proposed revisions for its approved 30 CFR part 48 training 
plan to the District Manager. The proposed revisions will specify task 
training for miners designated to examine the trailing cables for safe 
operation condition and verify that the short circuit settings of the 
circuit interrupting device(s) that protect the affected trailing 
cables do not exceed the settings specified above. The training will 
include the following:
    a. Mining methods and operating procedures that will protect the 
trailing cables against damage.
    b. The proper procedure for examining the trailing cable to ensure 
that the cables are in safe operating condition by a visual inspection 
of the entire cable, observing the insulation, the integrity of the 
splices, and nicks and abrasions.
    c. The hazards of setting the instantaneous circuit breakers too 
high to adequately protect the trailing cables.
    d. How to verify that the circuit interrupting device(s) protecting 
the trailing cables are properly set and maintained.
    e. How to protect the trailing cables against damage caused by 
overheating due to excessive cable stored on the cable reel(s) and 
adjusting stored cable behind the cable anchor(s) as tramming distances 
change. The procedures as specified in 30 CFR 48.3 for approval of 
proposed revisions to already approved training plans will apply.
    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. 2018-07546 Filed 4-11-18; 8:45 am]
BILLING CODE 4520-43-P



                                                15876                         Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

                                                crucial information about a long-closed                 up-to-date map of the mine and                        comments, including personal
                                                mine that is being reopened.                            specifies the information to be shown                 information provided, will be made
                                                   Title 30 CFR 75.1200 requires each                   on the map, the acceptable range of map               available on www.regulations.gov and
                                                underground coal mine operator to have                  scales, that the map be certified by a                www.reginfo.gov.
                                                an accurate and up-to-date map of such                  registered engineer or surveyor, that the               The public may also examine publicly
                                                mine drawn to scale and stored in a                     map be available for inspection by the                available documents at USDOL-Mine
                                                fireproof repository in an area on the                  Secretary or his authorized                           Safety and Health Administration, 201
                                                surface of the mine chosen by the mine                  representative. These maps are essential              12th South, Suite 4E401, Arlington, VA
                                                operator to minimize the danger of                      for the safe operation of the mine and                22202–5452. Sign in at the receptionist’s
                                                destruction by fire or other hazards.                   provide essential information to                      desk on the 4th Floor via the East
                                                Sections 75.1200–1, 75.1201, 75.1202,                   operators of adjacent surface and                     elevator.
                                                75.1202–1, and 75.1203 specify the                      underground mines. Properly prepared                    Questions about the information
                                                information which must be shown on                      and effectively utilized surface mine                 collection requirements may be directed
                                                the map. The maps must be certified by                  maps can prevent outbursts of water                   to the person listed in the FOR FURTHER
                                                a registered engineer or surveyor; kept                 impounded in underground mine                         INFORMATION CONTACT section of this
                                                continuously up-to-date by temporary                    workings and/or inundations of                        notice.
                                                notations and revised and                               underground mines by surface
                                                supplemented to include the temporary                   impounded water or water and or gases                 III. Current Actions
                                                notations at intervals not more than 6                  impounded in surface auger mining                       This request for collection of
                                                months; and made available for                          worked out areas.                                     information contains provisions for
                                                inspection by a representative of the                      Title 30 CFR 75.373 and 75.1721                    Mine Mapping and Records of Opening,
                                                Secretary, State coal mine inspectors,                  require that after a mine is abandoned                Closing, and Reopening of Mines.
                                                miners and their representatives,                       or declared inactive and before it is                 MSHA has updated the data with
                                                operators of adjacent coal mines, and                   reopened, mine operations shall not                   respect to the number of respondents,
                                                persons owning, leasing, or residing on                 begin until MSHA has been notified and                responses, burden hours, and burden
                                                surface areas of such mines or areas                    has completed an inspection. Section                  costs supporting this information
                                                adjacent to such mines. These maps are                  75.1721 specifies that once the mine                  collection request.
                                                essential to the planning and safe                      operator notifies the MSHA District                     Type of Review: Extension, without
                                                operation of the mine. In addition, these               Manager on the intent to reopen a mine                change, of a currently approved
                                                maps provide a graphic presentation of                  all preliminary plans must be submitted               collection.
                                                the locations of working sections and                   in writing prior to development of the                  Agency: Mine Safety and Health
                                                the locations of fixed surface and                      coalbed unless or until all preliminary               Administration.
                                                underground mine facilities and                         plans are approved.                                     OMB Number: 1219–0073.
                                                equipment, escapeway routes, coal                                                                               Affected Public: Business or other for-
                                                haulage and man and materials haulage                   II. Desired Focus of Comments                         profit.
                                                entries and other information essential                    MSHA is soliciting comments                          Number of Respondents: 614.
                                                to mine rescue or mine fire fighting                    concerning the proposed information                     Frequency: On occasion.
                                                activities in the event of mine fire,                   collection related to Mine Mapping and                  Number of Responses: 267.
                                                explosion or inundations of gas or                      Records of Opening, Closing, and                        Annual Burden Hours: 5,650 hours.
                                                water. The information is essential to                  Reopening of Mines. MSHA is                             Annual Respondent or Recordkeeper
                                                the safe operation of adjacent mines and                particularly interested in comments                   Cost: $7,620,554.
                                                mines approaching the worked out areas                  that:                                                   Comments submitted in response to
                                                of active or abandoned mines. Section                      • Evaluate whether the collection of               this notice will be summarized and
                                                75.372 requires underground mine                        information is necessary for the proper               included in the request for Office of
                                                operators to submit three copies of an                  performance of the functions of the                   Management and Budget approval of the
                                                up-to-date mine map to the District                     agency, including whether the                         information collection request; they will
                                                Manager at intervals not exceeding 12                   information has practical utility;                    also become a matter of public record.
                                                months during the operating life of the                    • Evaluate the accuracy of MSHA’s
                                                                                                                                                              Sheila McConnell,
                                                mine.                                                   estimate of the burden of the collection
                                                   Title 30 CFR 75.1204 and 75.1204–1                   of information, including the validity of             Certifying Officer.
                                                require that whenever an underground                    the methodology and assumptions used;                 [FR Doc. 2018–07547 Filed 4–11–18; 8:45 am]
                                                coal mine operator permanently closes                      • Suggest methods to enhance the                   BILLING CODE 4510–43–P
                                                or abandons a coal mine, or temporarily                 quality, utility, and clarity of the
                                                closes a coal mine for a period of more                 information to be collected; and
                                                than 90 days, the operator shall file with                 • Minimize the burden of the                       DEPARTMENT OF LABOR
                                                MSHA a copy of the mine map revised                     collection of information on those who
                                                and supplemented to the date of                         are to respond, including through the                 Mine Safety and Health Administration
                                                closure. Maps are retained in a                         use of appropriate automated,
                                                                                                                                                              Petition for Modification of Application
                                                repository and are made available to                    electronic, mechanical, or other
                                                                                                                                                              of Existing Mandatory Safety Standard
                                                mine operators of adjacent properties.                  technological collection techniques or
                                                The maps are necessary to provide an                    other forms of information technology,                AGENCY: Mine Safety and Health
sradovich on DSK3GMQ082PROD with NOTICES




                                                accurate record of underground areas                    e.g., permitting electronic submission of             Administration, Labor.
                                                that have been mined to help prevent                    responses.                                            ACTION: Notice.
                                                active mine operators from mining into                     The information collection request
                                                abandoned areas that may contain water                  will be available on http://                          SUMMARY:   This notice is a summary of
                                                or harmful gases.                                       www.regulations.gov. MSHA cautions                    a petition for modification submitted to
                                                   Title 30 CFR 77.1200, 77.1201 and                    the commenter against providing any                   the Mine Safety and Health
                                                77.1202 require surface coal mine                       information in the submission that                    Administration (MSHA) by the parties
                                                operators to maintain an accurate and                   should not be publicly disclosed. Full                listed below.


                                           VerDate Sep<11>2014   19:20 Apr 11, 2018   Jkt 244001   PO 00000   Frm 00093   Fmt 4703   Sfmt 4703   E:\FR\FM\12APN1.SGM   12APN1


                                                                              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices                                          15877

                                                DATES:  All comments on the petition                    II. Petition for Modification                         will be staged outby the nonpermissible
                                                must be received by MSHA’s Office of                       Docket Number: M–2018–003–M.                       equipment staging boundary (NPESB).
                                                Standards, Regulations, and Variances                      Petitioner: Ciner Wyoming LLC, P.O.                   (v) The continuous miner is equipped
                                                on or before May 14, 2018.                              Box 513, 254 County Road 4–6, Green                   with a methane monitor as defined in 30
                                                ADDRESSES: You may submit your                          River, Wyoming 82935.                                 CFR 57.22308.
                                                                                                           Mine: Big Island Mine, MSHA I.D. No.                  (vi) Pursuant to 30 CFR 57.22308, all
                                                comments, identified by ‘‘docket
                                                                                                        48–00154, located in Sweetwater                       methane monitors will (1) give warning
                                                number’’ on the subject line, by any of
                                                                                                        County, Wyoming.                                      at 1.0 percent methane; (2)
                                                the following methods:
                                                                                                           Regulation Affected: 30 CFR 57.22305               automatically de-energize electrical
                                                  1. Email: zzMSHA-comments@                                                                                  equipment, except power to monitoring
                                                dol.gov. Include the docket number of                   (Approved equipment (III mines)).
                                                                                                           Modification Request: The petitioner               equipment determined by MSHA to be
                                                the petition in the subject line of the                                                                       intrinsically safe under 30 CFR part 18
                                                message.                                                requests a modification of the existing
                                                                                                        standard to establish an alternative                  and prevent starting such equipment
                                                  2. Facsimile: 202–693–9441.                                                                                 when methane levels reach 1.5 percent;
                                                                                                        method. The petitioner alleges that
                                                  3. Regular Mail or Hand Delivery:                                                                           and (3) automatically de-energize
                                                                                                        application of the standards as currently
                                                MSHA, Office of Standards,                                                                                    electrical equipment when power to a
                                                                                                        enforced will result in a diminution of
                                                Regulations, and Variances, 201 12th                                                                          sensor is interrupted.
                                                                                                        safety to miners.
                                                Street South, Suite 4E401, Arlington,                      The petitioner states that:                           (vii) If the presence of methane is
                                                Virginia 22202–5452, Attention: Sheila                     (1) Mining operations at the Big Island            detected at or above 1.0 percent,
                                                McConnell, Director, Office of                          Mine do not involve pillar recovery                   immediate action will be taken to shut
                                                Standards, Regulations, and Variances.                  workings, longwall faces, or short-wall               down equipment in the affected area,
                                                Persons delivering documents are                        faces. Thus, at the Big Island Mine, 30               and ventilation changes will be made to
                                                required to check in at the receptionist’s              CFR 57.22305 prohibits the use of                     reduce the methane, pursuant to 30 CFR
                                                desk in Suite 4E401. Individuals may                    nonpermissible equipment ‘‘in or                      57.22234.
                                                inspect copies of the petition and                      beyond the last open crosscut.’’ The                     (viii) Nonpermissible equipment may
                                                comments during normal business                         term ‘‘last open crosscut’’ is not defined            be operated inby the NPESB to service
                                                hours at the address listed above.                      by statue or regulation.                              the continuous miner (including loading
                                                  MSHA will consider only comments                         (2) The petitioner has formulated a                bolts) only when the continuous miner
                                                postmarked by the U.S. Postal Service or                methodology, set forth in this petition               is not cutting ore. A competent person,
                                                proof of delivery from another delivery                 that provides operational certainty                   as defined in 30 CFR 57.22002, will
                                                service such as UPS or Federal Express                  regarding the location of the last open               monitor for methane immediately before
                                                on or before the deadline for comments.                 crosscut and corresponding                            and during use of nonpermissible
                                                FOR FURTHER INFORMATION CONTACT:                        permissibility boundary for the                       equipment to service the continuous
                                                Barbara Barron, Office of Standards,                    petitioner’s mining operation unique to               miner. The competent person will
                                                Regulations, and Variances at 202–693–                  the Big Island Mine, and minimizes the                utilize an approved testing device
                                                9447 (Voice), barron.barbara@dol.gov                    employees’ exposure to red-zone                       pursuant to 30 CFR 57.22227(a).
                                                (email), or 202–693–9441 (Facsimile).                   hazards.                                              Methane monitoring devices used for
                                                [These are not toll-free numbers.]                         (3) Though the petitioner contends                 measuring methane, other gases, and
                                                                                                        that its current mining methodology is                contaminants in mine air will be
                                                SUPPLEMENTARY INFORMATION: Section
                                                                                                        compliant with all aspects of 30 CFR                  approved by MSHA under applicable
                                                101(c) of the Federal Mine Safety and                                                                         requirements of 30 CFR parts 18, 21, 22,
                                                Health Act of 1977 and Title 30 of the                  57.22305, the petitioner proposes this
                                                                                                        alternative methodology to provide                    23, 27, and 29. Such devices will be
                                                Code of Federal Regulations Part 44                                                                           maintained in accordance with the
                                                govern the application, processing, and                 operational certainty for the location of
                                                                                                        the permissibility boundary, and in                   manufacturers’ instructions, or an
                                                disposition of petitions for modification.                                                                    equivalent maintenance and calibration
                                                                                                        return, to ensure that the requirements
                                                I. Background                                           of 30 CFR 57.22305 are satisfied.                     procedure.
                                                                                                           In addition, the alternative                          (ix) When operating nonpermissible
                                                  Section 101(c) of the Federal Mine                                                                          equipment inby the NPESB, such
                                                Safety and Health Act of 1977 (Mine                     methodology eliminates unnecessary
                                                                                                        movement of the continuous miner,                     equipment will not travel inby the
                                                Act) allows the mine operator or                                                                              permissibility boundary (PB).
                                                representative of miners to file a                      which in turn reduces mine personnel
                                                                                                        exposure to red-zone hazards                             (x) Competent personnel engaged in
                                                petition to modify the application of any                                                                     the use of nonpermissible equipment
                                                                                                           (4) The petitioner proposes the
                                                mandatory safety standard to a coal or                                                                        will be properly trained to recognize the
                                                                                                        following alternative method:
                                                other mine if the Secretary of Labor                       (i) The Big Island Mine is a Category              hazards and limitations associated with
                                                (Secretary) determines that:                            III mine as defined in 30 CFR                         the use of nonpermissible equipment.
                                                  1. An alternative method of achieving                 57.22003(a)(3).                                          (xi) As the continuous miner
                                                the result of such standard exists which                   (ii) Methane is not capable of forming             advances a room in a development
                                                will at all times guarantee no less than                explosive mixtures at levels below 5                  sequence, the petitioner will install
                                                the same measure of protection afforded                 percent in an environment with normal                 foam curtains on the crosscut outby the
                                                the miners of such mine by such                         atmospheric levels of approximately 20                last open crosscut, defined herein as the
                                                standard; or                                            percent oxygen as defined in 30 CFR                   last open crosscut perpendicular to the
                                                  2. That the application of such
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                                                                                                        57.22003(a)(3).                                       direction of the room being mined and
                                                standard to such mine will result in a                     (iii) The quantity of air coursed                  at the boundary of intake and return air
                                                diminution of safety to the miners in                   through continuous miner sections                     systems. Guidance for the application of
                                                such mine.                                              meets or exceeds the 9,000 cubic feet                 foam to installed curtains will be
                                                  In addition, the regulations at 30 CFR                per minute requirement as defined in 30               provided.
                                                44.10 and 44.11 establish the                           CFR 57.22213.                                            (5) The requested modification in this
                                                requirements and procedures for filing                     (iv) When the continuous miner is                  petition would eliminate undue risk of
                                                petitions for modification.                             cutting ore, nonpermissible equipment                 injury caused by retreating the


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                                                15878                         Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices

                                                continuous miner for purposes of                           (6) The trailing cables for 600-volt DC            cables will be calibrated to trip at 900
                                                conducting maintenance, including the                   shuttle cars will not be smaller than 2⁄0             amperes and this setting will be sealed.
                                                elimination of pinch points, red zones,                 AWG.                                                     (15) All components that provide
                                                manual lifting, and the carrying and                       (7) All circuit breakers used to protect           short circuit protection will have
                                                hauling of bits, roof support materials                 No. 2 AWG 995-volt trailing cables                    sufficient interruption rating in
                                                and repair components. Nonpermissible                   exceeding 700 feet in length will have                accordance with the maximum
                                                equipment will be able to service the                   instantaneous trip units calibrated to                calculated fault currents available.
                                                continuous miner near its cutting                       trip at 800 amperes. The trip setting of                 (16) During each production day,
                                                location, greatly reducing the risks                    the circuit breakers will be sealed to                persons designated by the operator will
                                                associated with these tasks, with a                     ensure that the setting on these breakers             visually examine the trailing cables to
                                                concomitant risk from methane ignition.                 cannot be changed, and these breakers                 ensure that the cables are in safe
                                                   The petitioner asserts that application              will have permanent legible labels. Each              operation condition and that the
                                                of the existing standard would result in                label will identify these circuit breakers            instantaneous settings of the specially
                                                a diminution of safety to the miners and                as being suitable for protecting the No.              calibrated breakers do not have seals or
                                                that the proposed alternative method                    2 AWG cables.                                         locks removed and that they do not
                                                will guarantee that no less than the                       (8) Replacement circuit breakers and/              exceed the stipulated settings.
                                                same measure of protection is afforded                  or instantaneous trip units used to                      (17) Any trailing cable that is not in
                                                the miners at the Big Island Mine.                      protect the No. 2 AWG 995-volt trailing               safe operating condition will be
                                                   Docket Number: M–2018–005–C.                         cables will be calibrated to trip at 800              removed from service immediately and
                                                   Petitioner: Hamilton County Coal,                    amperes and this setting will be sealed.              repaired or replaced.
                                                LLC, 18033 County Road 500E,                               (9) All circuit breakers used to protect              (18) Each splice or repair in the
                                                Dahlgren, Illinois 62828–4294.                          No. 2 AWG 480-volt trailing cables                    trailing cable will be made in a
                                                   Mine: Hamilton Mine No. 1, MSHA                      exceeding 700 feet in length will have                workmanlike manner and in accordance
                                                I.D. No. 11–03203, located in Hamilton                  instantaneous trip units calibrated to                with the instructions of the
                                                County, Illinois.                                       trip at 450 amperes. The trip setting of              manufacturer of the splice or repair
                                                   Regulation Affected: 30 CFR 75.503                   these circuit breakers will be sealed to              materials. The splice or repair will
                                                (Permissible electric face equipment;                   ensure that the settings on these                     comply with 30 CFR 75.603 and 75.604
                                                maintenance) and 30 CFR 18.35                           breakers cannot be changed, and these                 requirements. The outer jacket of each
                                                (Portable (trailing) cables and cords).                 breakers will have permanent, legible                 splice or repair will be vulcanized with
                                                   Modification Request: The petitioner                 labels. Each label will identify the                  flame-resistant material or made with
                                                requests a modification of the existing                 circuit breaker as being suitable for                 material that has been accepted by
                                                standard to permit the maximum length                   protecting the No. 2 AWG cables.                      MSHA as flame-resistant.
                                                of trailing cables to be increased to                      (10) Replacement circuit breakers                     (19) Permanent warning labels will be
                                                1,200 feet for supplying power to                       and/or instantaneous trip units, used to              installed and maintained on the cover(s)
                                                continuous mining machines, roof                        protect the No. 2 AWG 480-volt trailing               of the power center identifying the
                                                bolting machines, section ventilation                   cables will be calibrated to trip at 450              location of each sealed or locked short-
                                                fans, and shuttle cars.                                 amperes, and this setting will be sealed.             circuit protective device. These labels
                                                   The petitioner states that:                             (11) All circuit breakers used to                  will warn miners not change or alter
                                                   (1) Petitioner is developing longwall                protect 3⁄0 AWG 995-volt trailing cables              these short-circuit settings and any sign
                                                panels as part of a continuing mining                   exceeding 900 feet in length will have                of tempering with the specially
                                                cycle. The development panels consist                   instantaneous trip units to trip at 1,830             calibrated breaker or trip unit will
                                                of a multiple entry system with crosscut                amperes. The trip setting of these circuit            require the replacement of the circuit
                                                centers not to exceed a maximum of 250                  breakers will be sealed to ensure that                breaker with another calibrated, sealed
                                                feet to improve roof and abutment                       the settings on these breakers cannot be              and/or locked trip unit.
                                                pressure control during longwall                        changed, and these breakers will have                    (20) In the event the mining method
                                                mining. Ventilation is also improved by                 permanent legible labels. Each label will             or operating procedures cause or
                                                limiting the number of stoppings, which                 identify the circuit breaker as being                 contribute to the damage of any trailing
                                                have a built-in ventilation pressure loss               suitable for protecting the 3⁄0 AWG                   cable, the cable will be removed from
                                                factor.                                                 cable.                                                service immediately and repaired or
                                                   (2) The trailing cables will apply to 3⁄0               (12) Replacement circuit breakers                  replaced. Also, additional precautions
                                                American Wire Gauge (AWG) three                         and/or instantaneous trip units used to               will be taken to ensure that haulage
                                                phase 995-volt Alternating Current (AC)                 protect the 3⁄0 AWG 995-volt trailing                 roads and trailing cable storage areas are
                                                continuous mining machine, No. 2                        cables will be calibrated to trip at 1,830            situated to minimize contact of the
                                                AWG three phase 995-volt AC roof                        amperes, and this setting will be sealed.             trailing cable with continuous miners,
                                                bolting machines, No. 2 AWG three                          (13) All circuit breakers used to                  loading machines, shuttle cars, roof
                                                phase 480-volt AC roof bolting                          protect 2⁄0 AWG 600-volt DC trailing                  bolters, and section ventilation fans.
                                                machines, No. 2 AWG three phase 995-                    cables exceeding 850 feet in length will              Moreover, trailing cable anchors on
                                                volt AC section ventilation fans, and 2⁄0               have instantaneous trip units to trip at              cable reel equipment will be of a
                                                AWG 600-volt Direct Current (DC)                        900 amperes. The trip setting of these                permanent type that minimizes the
                                                shuttle cars.                                           circuit breakers will be sealed to ensure             tensile forces on the trailing cables.
                                                   (3) The trailing cables for 995-volt AC              that the settings on these breakers                      (21) Where the method of mining
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                                                continuous mining machines will not be                  cannot be changed, and these breakers                 would require that trailing cables cross
                                                smaller than 3⁄0 AWG.                                   will have permanent legible labels. Each              roadways or haulage ways, the cable
                                                   (4) The trailing cables for the 995-volt             label shall identify the circuit breaker as           will be securely supported from the
                                                AC roof bolting machines will not be                    being suitable for protecting the 2⁄0 AWG             mine roof or a substantial bridge for
                                                smaller than No. 2 AWG.                                 cable.                                                equipment to pass over the cables will
                                                   (5) The trailing cables for 995-volt AC                 (14) Replacement circuit breakers                  be provided and used.
                                                section ventilation fans will not be                    and/or instantaneous trip units used to                  (22) Excessive cable will be stored
                                                smaller than No. 2 AWG.                                 protect the 2⁄0 AWG 600-volt trailing                 behind the anchor(s) on equipment that


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                                                                              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Notices                                                15879

                                                use cable reels to prevent cables from                  NUCLEAR REGULATORY                                    distribution, please contact the Nuclear
                                                overheating.                                            COMMISSION                                            Regulatory Commission, Office of the
                                                   (23) The petitioner’s alternative                                                                          Secretary, Washington, DC 20555 (301–
                                                                                                        [NRC–2018–0001]
                                                method will not be implemented until                                                                          415–1969), or email Wendy.Moore@
                                                all miners who have been designated to                  Sunshine Act Meetings                                 nrc.gov or Patricia.Jimenez@nrc.gov.
                                                examine the integrity of seals or locks                                                                         Dated: April 9, 2018.
                                                and to verify the short-circuit settings                DATE:Week of April 9, 2018.                           Denise L. McGovern,
                                                and proper procedure for examining                      PLACE: Commissioners’ Conference                      Policy Coordinator, Office of the Secretary.
                                                trailing cables for defects and damage                  Room, 11555 Rockville Pike, Rockville,                [FR Doc. 2018–07685 Filed 4–10–18; 11:15 am]
                                                have received the training specified                    Maryland.                                             BILLING CODE 7590–01–P
                                                above.                                                  STATUS: Public.
                                                   (24) The equipment listed in this
                                                petition will comply with all other                     Week of April 9
                                                applicable requirements of the Federal                  Thursday, April 12, 2018                              OFFICE OF PERSONNEL
                                                Mine Safety and Health Act of 1977 and                                                                        MANAGEMENT
                                                the applicable requirements of 30 CFR                   8:55 a.m. Affirmation Session (Public
                                                                                                            Meeting) (Tentative)                              Submission for Review: RI 38–115,
                                                part 75.
                                                                                                          Entergy Nuclear Vermont Yankee,                     Representative Payee Survey
                                                   (25) Within 60 days after this petition
                                                is final, the petitioner will submit                        LCC, and Entergy Nuclear                          AGENCY:  Office of Personnel
                                                proposed revisions for its approved 30                      Operations, Inc; Vermont Yankee                   Management.
                                                CFR part 48 training plan to the District                   Nuclear Power Station) (Tentative)
                                                                                                                                                              ACTION: 30-day notice and request for
                                                Manager. The proposed revisions will                      This meeting will be webcast live at                comments.
                                                specify task training for miners                        the Web address—http://www.nrc.gov/.
                                                designated to examine the trailing                      *     *    *    *     *                               SUMMARY:   Retirement Services, Office of
                                                cables for safe operation condition and                                                                       Personnel Management (OPM) offers the
                                                                                                        Additional Information                                general public and other federal
                                                verify that the short circuit settings of
                                                the circuit interrupting device(s) that                    By a vote of 3–0 on April 9, 2018, the             agencies the opportunity to comment on
                                                protect the affected trailing cables do                 Commission determined pursuant to                     a revised information collection (ICR),
                                                not exceed the settings specified above.                U.S.C. 552b(e) and § 9.107(a) of the                  Representative Payee Survey, RI 38–115.
                                                The training will include the following:                Commission’s rules that the above                     DATES: Comments are encouraged and
                                                   a. Mining methods and operating                      referenced Affirmation Session be held                will be accepted until May 14, 2018.
                                                procedures that will protect the trailing               with less than one week notice to the                 ADDRESSES: Interested persons are
                                                cables against damage.                                  public. The meeting is scheduled on                   invited to submit written comments on
                                                   b. The proper procedure for                          April 12, 2018.                                       the proposed information collection to
                                                examining the trailing cable to ensure                  *      *     *    *      *                            the Office of Information and Regulatory
                                                that the cables are in safe operating                      The schedule for Commission                        Affairs, Office of Management and
                                                condition by a visual inspection of the                 meetings is subject to change on short                Budget, 725 17th Street NW,
                                                entire cable, observing the insulation,                 notice. For more information or to verify             Washington, DC 20503, Attention: Desk
                                                the integrity of the splices, and nicks                 the status of meetings, contact Denise                Officer for the Office of Personnel
                                                and abrasions.                                          McGovern at 301–415–0981 or via email                 Management or sent via electronic mail
                                                   c. The hazards of setting the                        at Denise.McGovern@nrc.gov.                           to oira_submission@omb.eop.gov or
                                                instantaneous circuit breakers too high                 *      *     *    *      *                            faxed to (202) 395–6974.
                                                to adequately protect the trailing cables.                 The NRC Commission Meeting                         FOR FURTHER INFORMATION CONTACT: A
                                                   d. How to verify that the circuit                    Schedule can be found on the internet                 copy of this information collection, with
                                                interrupting device(s) protecting the                   at: http://www.nrc.gov/public-involve/                applicable supporting documentation,
                                                trailing cables are properly set and                    public-meetings/schedule.html.                        may be obtained by contacting the
                                                maintained.                                             *      *     *    *      *                            Retirement Services Publications Team,
                                                   e. How to protect the trailing cables                   The NRC provides reasonable                        Office of Personnel Management, 1900 E
                                                against damage caused by overheating                    accommodation to individuals with                     Street NW, Room 3316–L, Washington,
                                                due to excessive cable stored on the                    disabilities where appropriate. If you                DC 20415, Attention: Cyrus S. Benson,
                                                cable reel(s) and adjusting stored cable                need a reasonable accommodation to                    or sent via electronic mail to
                                                behind the cable anchor(s) as tramming                  participate in these public meetings, or              Cyrus.Benson@opm.gov or faxed to
                                                distances change. The procedures as                     need this meeting notice or the                       (202) 606–0910 or via telephone at (202)
                                                specified in 30 CFR 48.3 for approval of                transcript or other information from the              606–4808.
                                                proposed revisions to already approved                  public meetings in another format (e.g.,              SUPPLEMENTARY INFORMATION: As
                                                training plans will apply.                              braille, large print), please notify                  required by the Paperwork Reduction
                                                                                                        Kimberly Meyer, NRC Disability                        Act of 1995, OPM is soliciting
                                                   The petitioner asserts that the
                                                                                                        Program Manager, at 301–287–0739, by                  comments for this collection. The
                                                proposed alternative method will at all
                                                                                                        videophone at 240–428–3217, or by                     information collection (OMB No. 3206–
                                                times guarantee no less than the same
                                                                                                        email at Kimberly.Meyer-Chambers@                     0208) was previously published in the
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                                                measure of protection afforded by the
                                                                                                        nrc.gov. Determinations on requests for               Federal Register on June 9, 2017, at 82
                                                existing standard.
                                                                                                        reasonable accommodation will be                      FR 26817, allowing for a 60-day public
                                                Sheila McConnell,                                       made on a case-by-case basis.                         comment period. No comments were
                                                Director, Office of Standards, Regulations,             *      *     *    *      *                            received for this information collection.
                                                and Variances.                                             Members of the public may request to               The purpose of this notice is to allow an
                                                [FR Doc. 2018–07546 Filed 4–11–18; 8:45 am]             receive this information electronically.              additional 30 days for public comments.
                                                BILLING CODE 4520–43–P                                  If you would like to be added to the                  The Office of Management and Budget


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Document Created: 2018-11-02 08:15:33
Document Modified: 2018-11-02 08:15:33
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 petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before May 14, 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 Citation83 FR 15876 

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