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)

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, 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.

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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]
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