83 FR 17681 - Petitions for Modification of Application of Existing Mandatory Safety Standards
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 83, Issue 78 (April 23, 2018)
Mine Safety and Health Administration
Federal Register Volume 83, Issue 78 (April 23, 2018)
| Page Range | 17681-17684 | |
| FR Document | 2018-08408 |
[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)] [Notices] [Pages 17681-17684] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08408] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before May 23, 2018. ADDRESSES: You may submit your comments, identified by ``docket number'' on the subject line, by any of the following methods: 1. Electronic Mail: [email protected]. Include 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. Petitions for Modification Docket Number: M-2018-006-C. Petitioner: Wolf Run Mining LLC, 21550 Barbour County Highway, Philippi, West Virginia 26416. Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour County, West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of nonpermissible electronic low-voltage or battery- powered nonpermissible electronic hand-held drill equipment in or inby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic low-voltage or battery-powered nonpermissible electronic equipment will be limited to hand-held drill equipment. (2) All other hand-held drill equipment used in or inby the last open crosscut will be permissible. (3) Other hand-held drill equipment may be used if approved in advance by the MSHA District Manager. (4) All nonpermissible low-voltage or battery-powered nonpermissible hand-held equipment to be used in or inby the last open crosscut will be examined prior to use by a certified person to ensure the equipment is being maintained in a safe operating condition. (5) The results of the examinations will be recorded and retained for one year and made available to MSHA on request. (6) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible hand-held drill equipment in or inby the last open crosscut. (7) Nonpermissible hand-held drill equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When methane is detected at such level while the nonpermissible hand-held drill equipment is being used, the equipment will be deenergized immediately and withdrawn outby the last open crosscut. (8) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (9) Coal production will cease in the entry or crosscut where the nonpermissible hand-held drill equipment is in use. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before drilling begins to provide additional safety to miners. (10) Nonpermissible electronic hand-held drill equipment will not be used when float coal dust is in suspension. (11) All hand-held drill equipment will be used in accordance with the manufacturer's recommended safe use procedures. (12) Qualified personnel who use nonpermissible hand-held drill equipment will be properly trained to recognize the hazards and limitations associated with use of such equipment in areas where methane could be present. (13) The nonpermissible electronic hand-held drill equipment will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all of the above terms and conditions. (14) Cables supplying power to low-voltage hand-held drill equipment will only be used when permissible hand-held drill equipment is not available. Within 60 days after the Proposed Decision and Order (PDO) becomes [[Page 17682]] final, the petitioner will submit proposed revisions for its Part 48 training plan to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions in the PDO. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2018-007-C. Petitioner: Wolf Run Mining LLC, 21550 Barbour County Highway, Philippi, West Virginia 26416. Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour County, West Virginia. Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of nonpermissible electronic low-voltage or battery- powered nonpermissible electronic hand-held drill equipment in return airways. The petitioner states that: (1) Nonpermissible electronic low-voltage or battery-powered nonpermissible electronic equipment will be limited to hand-held drill equipment. (2) All other hand-held drill equipment used in return airways will be permissible. (3) Other hand-held drill equipment may be used if approved in advance by the MSHA District Manager. (4) All nonpermissible low-voltage or battery-powered nonpermissible hand-held equipment to be used in return airways will be examined prior to use by a certified person to ensure equipment is being maintained in a safe operating condition. (5) The results of the examinations will be recorded and retained for one year and made available to MSHA on request. (6) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible hand-held drill equipment in return airways. (7) Nonpermissible hand-held drill equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When methane is detected at such level while the nonpermissible hand-held drill equipment is being used, the equipment will be deenergized immediately and withdrawn out of return airways. (8) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (9) Coal production will cease in the entry or crosscut where the nonpermissible hand-held drill equipment is in use. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before drilling begins to provide additional safety to miners. (10) Nonpermissible electronic hand-held drill equipment will not be used when float coal dust is in suspension. (11) All hand-held drill equipment will be used in accordance with the manufacturer's recommended safe use procedures. (12) Qualified personnel who use nonpermissible hand-held drill equipment will be properly trained to recognize the hazards and limitations associated with use of such equipment in areas where methane could be present. (13) The nonpermissible electronic hand-held drill equipment will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all of the above terms and conditions. (14) Cables supplying power to low-voltage hand-held drill equipment will only be used when permissible hand-held drill equipment is not available. Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its Part 48 training plan to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions in the PDO. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2018-008-C. Petitioner: Wolf Run Mining LLC, 21550 Barbour County Highway, Philippi, West Virginia 26416. Mine: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of nonpermissible electronic low-voltage or battery- powered nonpermissible electronic hand-held drill equipment within 150 feet of pillar workings or longwall faces. The petitioner states that: (1) Nonpermissible electronic low-voltage or battery-powered nonpermissible electronic equipment will be limited to hand-held drill equipment. (2) All other hand-held drill equipment used within 150 feet of pillar workings or longwall faces will be permissible. (3) Other hand-held drill equipment may be used if approved in advance by the MSHA District Manager. (4) All nonpermissible low-voltage or battery-powered nonpermissible hand-held equipment to be used within 150 feet of pillar workings or longwall faces will be examined prior to use by a certified person to ensure equipment is being maintained in a safe operating condition. (5) The results of the examinations will be recorded and retained for one year and made available to MSHA on request. (6) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible hand-held drill equipment within 150 feet of pillar workings or longwall faces. (7) Nonpermissible hand-held drill equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When methane is detected at such level while the nonpermissible hand-held drill equipment is being used, the equipment will be deenergized immediately and withdrawn further than 150 feet of pillar workings or longwall faces. (8) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (9) Coal production will cease in the entry or crosscut where the nonpermissible hand-held drill equipment is in use. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before drilling begins to provide additional safety to miners. (10) Nonpermissible electronic hand-held drill equipment will not be used when float coal dust is in suspension. (11) All hand-held drill equipment will be used in accordance with the manufacturer's recommended safe use procedures. (12) Qualified personnel who use nonpermissible hand-held drill equipment will be properly trained to recognize the hazards and limitations associated with use of such equipment [[Page 17683]] in areas where methane could be present. (13) The nonpermissible electronic hand-held drill equipment will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all of the above terms and conditions. (14) Cables supplying power to low-voltage hand-held drill equipment will only be used when permissible hand-held drill equipment is not available. Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its Part 48 training plan to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions in the PDO. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2018-009-C. Petitioner: Mingo Logan Coal LLC, P.O. Box E, Sharples, West Virginia 25183. Mine: Mountaineer II Mine, MSHA I.D. No. 46-09029, located in Logan County, West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of nonpermissible electronic low-voltage or battery- powered nonpermissible electronic hand-held drill equipment in or inby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic low-voltage or battery-powered nonpermissible electronic equipment will be limited to hand-held drill equipment. (2) All other hand-held drill equipment used in or inby the last open crosscut will be permissible. (3) Other hand-held drill equipment may be used if approved in advance by the MSHA District Manager. (4) All nonpermissible low-voltage or battery-powered nonpermissible hand-held equipment to be used in or inby the last open crosscut will be examined prior to use by a certified person to ensure the equipment is being maintained in a safe operating condition. (5) The results of the examinations will be recorded and retained for one year and made available to MSHA on request. (6) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible hand-held drill equipment in or inby the last open crosscut. (7) Nonpermissible hand-held drill equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When methane is detected at such level while the nonpermissible hand-held drill equipment is being used, the equipment will be deenergized immediately and withdrawn outby the last open crosscut. (8) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (9) Coal production will cease in the entry or crosscut where the drill is in use. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before drilling begins to provide additional safety to miners. (10) Nonpermissible electronic hand-held drill equipment will not be used when float coal dust is in suspension. (11) All hand-held drill equipment will be used in accordance with the manufacturer's recommended safe use procedures. (12) Qualified personnel who use nonpermissible hand-held drill equipment will be properly trained to recognize the hazards and limitations associated with use of such equipment in areas where methane could be present. (13) The nonpermissible electronic hand-held drill equipment will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all of the above terms and conditions. (14) Cables supplying power to low-voltage hand-held drill equipment will only be used when permissible hand-held drill equipment is not available. Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its Part 48 training plan to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions in the PDO. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2018-010 C. Petitioner: Mingo Logan Coal LLC, P.O. Box E, Sharples, West Virginia 25183. Mine: Mountaineer II Mine, MSHA I.D. No. 46-09029, located in Logan County, West Virginia. Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of nonpermissible electronic low-voltage or battery- powered nonpermissible electronic hand-held drill equipment in return airways. The petitioner states that: (1) Nonpermissible electronic low-voltage or battery-powered nonpermissible electronic equipment will be limited to hand-held drill equipment. (2) All other hand-held drill equipment used in return airways will be permissible. (3) Other hand-held drill equipment may be used if approved in advance by the MSHA District Manager. (4) All nonpermissible low-voltage or battery-powered nonpermissible hand-held equipment to be used in return airways will be examined prior to use by a certified person to ensure equipment is being maintained in a safe operating condition. (5) The results of the examinations will be recorded and retained for one year and made available to MSHA on request. (6) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible hand-held drill equipment in return airways. (7) Nonpermissible hand-held drill equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When methane is detected at such level while the nonpermissible hand-held drill equipment is being used, the equipment will be deenergized immediately and withdrawn out of return airways. (8) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (9) Coal production will cease in the entry or crosscut where the drill is in use. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before drilling begins to provide additional safety to miners. (10) Nonpermissible electronic hand-held drill equipment will not be used when float coal dust is in suspension. (11) All hand-held drill equipment will be used in accordance with the [[Page 17684]] manufacturer's recommended safe use procedures. (12) Qualified personnel who use nonpermissible hand-held drill equipment will be properly trained to recognize the hazards and limitations associated with use of such equipment in areas where methane could be present. (13) The nonpermissible electronic hand-held drill equipment will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all of the above terms and conditions. (14) Cables supplying power to low-voltage hand-held drill equipment will only be used when permissible hand-held drill equipment is not available. Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its Part 48 training plan to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions in the PDO. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2018-011-C. Petitioner: Mingo Logan Coal LLC, P.O. Box E, Sharples, West Virginia 25183. Mine: Mountaineer II Mine, MSHA I.D. No. 46-09029, located in Logan County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of nonpermissible electronic low-voltage or battery- powered nonpermissible electronic hand-held drill equipment within 150 feet of pillar workings or longwall faces. The petitioner states that: (1) Nonpermissible electronic low-voltage or battery-powered nonpermissible electronic equipment will be limited to hand-held drill equipment. (2) All other hand-held drill equipment used within 150 feet of pillar workings or longwall faces will be permissible. (3) Other hand-held drill equipment may be used if approved in advance by the MSHA District Manager. (4) All nonpermissible low-voltage or battery-powered nonpermissible hand-held equipment to be used within 150 feet of pillar workings or longwall faces will be examined prior to use by a certified person to ensure equipment is being maintained in a safe operating condition. (5) The results of the examinations will be recorded and retained for one year and made available to MSHA on request. (6) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible hand-held drill equipment within 150 feet of pillar workings or longwall faces. (7) Nonpermissible hand-held drill equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When methane is detected at such level while the nonpermissible hand-held drill equipment is being used, the equipment will be deenergized immediately and withdrawn further than 150 feet of pillar workings or longwall faces. (8) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (9) Coal production will cease in the entry or crosscut where the drill is in use. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before drilling begins to provide additional safety to miners. (10) Nonpermissible electronic hand-held drill equipment will not be used when float coal dust is in suspension. (11) All hand-held drill equipment will be used in accordance with the manufacturer's recommended safe use procedures. (12) Qualified personnel who use nonpermissible hand-held drill equipment will be properly trained to recognize the hazards and limitations associated with use of such equipment in areas where methane could be present. (13) The nonpermissible electronic hand-held drill equipment will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance with all of the above terms and conditions. (14) Cables supplying power to low-voltage hand-held drill equipment will only be used when permissible hand-held drill equipment is not available. Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its Part 48 training plan to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions in the PDO. 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. 2018-08408 Filed 4-20-18; 8:45 am] BILLING CODE 4520-43-P
![Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices 17681
The company plans to manufacture proof of delivery from another delivery (3) Other hand-held drill equipment
bulk controlled substances for use in service such as UPS or Federal Express may be used if approved in advance by
product development of analytical on or before the deadline for comments. the MSHA District Manager.
reference standards for distribution to FOR FURTHER INFORMATION CONTACT: (4) All nonpermissible low-voltage or
its customers. Barbara Barron, Office of Standards, battery-powered nonpermissible hand-
The company will manufacture Regulations, and Variances at 202–693– held equipment to be used in or inby
marihuana (7360) and 9447 (Voice), barron.barbara@dol.gov the last open crosscut will be examined
tetrahydrocannabinols (7370) for use by (email), or 202–693–9441 (Facsimile). prior to use by a certified person to
their researchers under the above-listed [These are not toll-free numbers.] ensure the equipment is being
controlled substances as Active maintained in a safe operating
SUPPLEMENTARY INFORMATION: Section
Pharmaceutical Ingredient (API) for condition.
clinical trials. 101(c) of the Federal Mine Safety and
(5) The results of the examinations
In reference to drug code (7370) the Health Act of 1977 and Title 30 of the
will be recorded and retained for one
company plans to bulk manufacture a Code of Federal Regulations Part 44
year and made available to MSHA on
synthetic tetrahydrocannabinol. No govern the application, processing, and
request.
other activities for this drug code are disposition of petitions for modification. (6) A qualified person, as defined in
authorized for this registration. I. Background 30 CFR 75.151, will continuously
Dated: April 13, 2018. monitor for methane immediately before
Section 101(c) of the Federal Mine
Susan A. Gibson, and during the use of nonpermissible
Safety and Health Act of 1977 (Mine
Deputy Assistant Administrator.
hand-held drill equipment in or inby
Act) allows the mine operator or
the last open crosscut.
[FR Doc. 2018–08348 Filed 4–20–18; 8:45 am] representative of miners to file a (7) Nonpermissible hand-held drill
BILLING CODE 4410–09–P petition to modify the application of any equipment will not be used if methane
mandatory safety standard to a coal or is detected in concentrations at or above
other mine if the Secretary of Labor 1.0 percent. When methane is detected
DEPARTMENT OF LABOR (Secretary) determines that: at such level while the nonpermissible
1. An alternative method of achieving hand-held drill equipment is being
Mine Safety and Health Administration the result of such standard exists which used, the equipment will be deenergized
will at all times guarantee no less than immediately and withdrawn outby the
Petitions for Modification of the same measure of protection afforded
Application of Existing Mandatory last open crosscut.
the miners of such mine by such (8) All hand-held methane detectors
Safety Standards standard; or will be MSHA-approved and
AGENCY: Mine Safety and Health 2. That the application of such maintained in permissible and proper
Administration, Labor. standard to such mine will result in a operating condition as defined in 30
ACTION: Notice. diminution of safety to the miners in CFR 75.320.
such mine. (9) Coal production will cease in the
SUMMARY: This notice is a summary of In addition, the regulations at 30 CFR entry or crosscut where the
petitions for modification submitted to 44.10 and 44.11 establish the nonpermissible hand-held drill
the Mine Safety and Health requirements and procedures for filing equipment is in use. Accumulations of
Administration (MSHA) by the parties petitions for modification. coal and combustible materials
listed below. referenced in 30 CFR 75.400 will be
II. Petitions for Modification
DATES: All comments on the petitions removed before drilling begins to
must be received by MSHA’s Office of Docket Number: M–2018–006–C. provide additional safety to miners.
Standards, Regulations, and Variances Petitioner: Wolf Run Mining LLC, (10) Nonpermissible electronic hand-
on or before May 23, 2018. 21550 Barbour County Highway, held drill equipment will not be used
ADDRESSES: You may submit your Philippi, West Virginia 26416. when float coal dust is in suspension.
comments, identified by ‘‘docket Mine: Sentinel Mine, MSHA I.D. No. (11) All hand-held drill equipment
number’’ on the subject line, by any of 46–04168, located in Barbour County, will be used in accordance with the
the following methods: West Virginia. manufacturer’s recommended safe use
1. Electronic Mail: zzMSHA- Regulation Affected: 30 CFR 75.500(d) procedures.
comments@dol.gov. Include docket (Permissible electric equipment). (12) Qualified personnel who use
number of the petition in the subject Modification Request: The petitioner nonpermissible hand-held drill
line of the message. requests a modification of the existing equipment will be properly trained to
2. Facsimile: 202–693–9441. standard to permit an alternative recognize the hazards and limitations
3. Regular Mail or Hand Delivery: method of compliance to allow the use associated with use of such equipment
MSHA, Office of Standards, of nonpermissible electronic low- in areas where methane could be
Regulations, and Variances, 201 12th voltage or battery-powered present.
Street South, Suite 4E401, Arlington, nonpermissible electronic hand-held (13) The nonpermissible electronic
Virginia 22202–5452, Attention: Sheila drill equipment in or inby the last open hand-held drill equipment will not be
McConnell, Director, Office of crosscut. put into service until MSHA has
Standards, Regulations, and Variances. The petitioner states that: initially inspected the equipment and
Persons delivering documents are (1) Nonpermissible electronic low- determined that it is in compliance with
amozie on DSK30RV082PROD with NOTICES
required to check in at the receptionist’s voltage or battery-powered all of the above terms and conditions.
desk in Suite 4E401. Individuals may nonpermissible electronic equipment (14) Cables supplying power to low-
inspect copies of the petition and will be limited to hand-held drill voltage hand-held drill equipment will
comments during normal business equipment. only be used when permissible hand-
hours at the address listed above. (2) All other hand-held drill held drill equipment is not available.
MSHA will consider only comments equipment used in or inby the last open Within 60 days after the Proposed
postmarked by the U.S. Postal Service or crosscut will be permissible. Decision and Order (PDO) becomes
VerDate Sep<11>2014 17:09 Apr 20, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1](https://thefederalregister.org/doc/83_FR_17759/page/1.svg)
![17684 Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Notices
manufacturer’s recommended safe use feet of pillar workings or longwall faces The petitioner asserts that the
procedures. will be examined prior to use by a proposed alternative method will at all
(12) Qualified personnel who use certified person to ensure equipment is times guarantee no less than the same
nonpermissible hand-held drill being maintained in a safe operating measure of protection afforded by the
equipment will be properly trained to condition. existing standard.
recognize the hazards and limitations (5) The results of the examinations
Sheila McConnell,
associated with use of such equipment will be recorded and retained for one
in areas where methane could be year and made available to MSHA on Director, Office of Standards, Regulations,
and Variances.
present. request.
(6) A qualified person, as defined in [FR Doc. 2018–08408 Filed 4–20–18; 8:45 am]
(13) The nonpermissible electronic
hand-held drill equipment will not be 30 CFR 75.151, will continuously BILLING CODE 4520–43–P
put into service until MSHA has monitor for methane immediately before
initially inspected the equipment and and during the use of nonpermissible
hand-held drill equipment within 150 DEPARTMENT OF LABOR
determined that it is in compliance with
all of the above terms and conditions. feet of pillar workings or longwall faces.
(7) Nonpermissible hand-held drill Mine Safety and Health Administration
(14) Cables supplying power to low-
voltage hand-held drill equipment will equipment will not be used if methane Petitions for Modification of
only be used when permissible hand- is detected in concentrations at or above Application of Existing Mandatory
held drill equipment is not available. 1.0 percent. When methane is detected Safety Standard
Within 60 days after the Proposed at such level while the nonpermissible
Decision and Order (PDO) becomes hand-held drill equipment is being AGENCY: Mine Safety and Health
final, the petitioner will submit used, the equipment will be deenergized Administration, Labor.
proposed revisions for its Part 48 immediately and withdrawn further ACTION: Notice.
training plan to the District Manager. than 150 feet of pillar workings or
These revisions will specify initial and longwall faces. SUMMARY: This notice is a summary of
refresher training regarding the terms (8) All hand-held methane detectors petitions for modification submitted to
and conditions in the PDO. will be MSHA-approved and the Mine Safety and Health
The petitioner asserts that the maintained in permissible and proper Administration (MSHA) by the parties
proposed alternative method will at all operating condition as defined in 30 listed below.
times guarantee no less than the same CFR 75.320. DATES: All comments on the petitions
measure of protection afforded by the (9) Coal production will cease in the must be received by MSHA’s Office of
existing standard. entry or crosscut where the drill is in Standards, Regulations, and Variances
use. Accumulations of coal and on or before May 23, 2018.
Docket Number: M–2018–011–C. combustible materials referenced in 30
Petitioner: Mingo Logan Coal LLC, ADDRESSES: You may submit your
CFR 75.400 will be removed before comments, identified by ‘‘docket
P.O. Box E, Sharples, West Virginia drilling begins to provide additional
25183. number’’ on the subject line, by any of
safety to miners. the following methods:
Mine: Mountaineer II Mine, MSHA (10) Nonpermissible electronic hand-
I.D. No. 46–09029, located in Logan 1. Email: zzMSHA-comments@
held drill equipment will not be used dol.gov. Include the docket number of
County, West Virginia. when float coal dust is in suspension.
Regulation Affected: 30 CFR the petition in the subject line of the
(11) All hand-held drill equipment message.
75.1002(a) (Installation of electric will be used in accordance with the
equipment and conductors; 2. Facsimile: 202–693–9441.
manufacturer’s recommended safe use 3. Regular Mail or Hand Delivery:
permissibility). procedures.
Modification Request: The petitioner MSHA, Office of Standards,
(12) Qualified personnel who use
requests a modification of the existing Regulations, and Variances, 201 12th
nonpermissible hand-held drill
standard to permit an alternative Street South, Suite 4E401, Arlington,
equipment will be properly trained to
method of compliance to allow the use Virginia 22202–5452, Attention: Sheila
recognize the hazards and limitations
of nonpermissible electronic low- McConnell, Director, Office of
associated with use of such equipment
voltage or battery-powered Standards, Regulations, and Variances.
in areas where methane could be
nonpermissible electronic hand-held Persons delivering documents are
present.
drill equipment within 150 feet of pillar required to check in at the receptionist’s
(13) The nonpermissible electronic
workings or longwall faces. desk in Suite 4E401. Individuals may
hand-held drill equipment will not be
The petitioner states that: inspect copies of the petitions and
put into service until MSHA has
(1) Nonpermissible electronic low- comments during normal business
initially inspected the equipment and
voltage or battery-powered hours at the address listed above.
determined that it is in compliance with
nonpermissible electronic equipment MSHA will consider only comments
all of the above terms and conditions.
will be limited to hand-held drill (14) Cables supplying power to low- postmarked by the U.S. Postal Service or
equipment. voltage hand-held drill equipment will proof of delivery from another delivery
(2) All other hand-held drill only be used when permissible hand- service such as UPS or Federal Express
equipment used within 150 feet of pillar held drill equipment is not available. on or before the deadline for comments.
workings or longwall faces will be Within 60 days after the Proposed FOR FURTHER INFORMATION CONTACT:
amozie on DSK30RV082PROD with NOTICES
permissible. Decision and Order (PDO) becomes Barbara Barron, Office of Standards,
(3) Other hand-held drill equipment final, the petitioner will submit Regulations, and Variances at 202–693–
may be used if approved in advance by proposed revisions for its Part 48 9447 (Voice), barron.barbara@dol.gov
the MSHA District Manager. training plan to the District Manager. (email), or 202–693–9441 (Facsimile).
(4) All nonpermissible low-voltage or These revisions will specify initial and [These are not toll-free numbers.]
battery-powered nonpermissible hand- refresher training regarding the terms SUPPLEMENTARY INFORMATION: Section
held equipment to be used within 150 and conditions in the PDO. 101(c) of the Federal Mine Safety and
VerDate Sep<11>2014 17:09 Apr 20, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\23APN1.SGM 23APN1](https://thefederalregister.org/doc/83_FR_17759/page/4.svg)
Document Created: 2018-04-21 00:33:12
Document Modified: 2018-04-21 00:33:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before May 23, 2018. | |
| 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.] | |
| FR Citation | 83 FR 17681 |
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