83 FR 4927 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 23 (February 2, 2018)

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

[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Notices]
[Pages 4927-4930]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02071]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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

DATES: All comments on the petitions must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before March 5, 2018.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition and comments 
during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor (Secretary) 
determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2017-041-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mines: Cresson Mine, MSHA I.D. No. 36-09308 and Madison Mine, MSHA 
I.D. No. 36-09127, located in Cambria County, Pennsylvania; Barret 
Mine, MSHA I.D. No. 36-09342, Knob Creek Mine, MSHA I.D. No. 36-09394, 
Heilwood Mine, MSHA I.D. No. 36-09407, Brush Valley Mine, MSHA I.D. No. 
36-09437, Lowry Mine, MSHA I.D. No. 36-09287, Coral-Graceton Mine, MSHA 
I.D. No. 36-09595 and Crooked Creek Mine, MSHA I.D. No. 36-09972, 
located in Indiana County, Pennsylvania; Tusky Mine, MSHA I.D. No. 33-
04509, located in Tuscarawas County, Ohio; Penfield Mine, MSHA I.D. No. 
36-09355 and Harmony Mine, MSHA I.D. No. 36-09477, located in 
Clearfield County, Pennsylvania; Bergholz 7 Mine, MSHA I.D. No. 33-
04565, located in Jefferson County, Ohio; Mine 78, MSHA ID No. 36-
09371, located in Somerset County, Pennsylvania; Vail Mine, MSHA I.D. 
No. 33-04645, located in Harrison County, Ohio; Darmac Mine, MSHA I.D. 
No. 36-08135, Dutch Run Mine, MSHA I.D. No. 36-08701, Parkwood Mine, 
MSHA I.D. No. 36-08785, Logansport Mine, MSHA I.D. No. 36-08841 and 
Long Run Mine, MSHA I.D. No. 36-09468, located in Armstrong County, 
Pennsylvania; Kocjancic Mine, MSHA I.D. No. 36-09436, located in 
Jefferson County, Pennsylvania;
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of Dell Laptop Computers or 
equivalent to maintain and troubleshoot the continuous miner proximity 
detection system in or inby the last open crosscut.
    The petitioner states that:
    (1) The laptops are required to troubleshoot and perform diagnostic 
tests on the proximity detection systems utilized by the continuous 
mining machines.
    (2) Problems with the proximity detection system on continuous 
mining machines requiring repair with a nonpermissible diagnostic 
laptop computer will occur in the last open crosscut.
    (3) The proposed petition will apply to nonpermissible Dell Laptop 
computers with 11.4v Li-ion rechargeable batteries and/or similar low-
voltage or battery powered nonpermissible computers (diagnostic 
computer).
    (4) The diagnostic computer will be utilized as long as equivalent 
permissible equipment is not available.
    (5) Prior to use of the diagnostic computer, it will be inspected 
by a qualified person as specified in 30 CFR 75.153. The qualified 
person will examine the diagnostic computer to ensure that it is being 
maintained in safe operating condition. The examination result will be 
recorded in the weekly examination of electrical equipment book and 
will be made available to authorized representatives of the Secretary 
and the miners at the mine.
    (6) A qualified person as defined in existing 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of diagnostic computers in or inby the last open crosscut.
    (7) The diagnostic computer will not be used if methane is detected 
in

[[Page 4928]]

concentrations at or above 1.0 percent. When 1.0 percent methane is 
detected, the diagnostic computer will be deenergized immediately and 
withdrawn outby the last open crosscut.
    (8) Except for the time necessary to troubleshoot under actual 
mining conditions, coal production in the section will cease. However, 
coal may remain in the equipment in order to test and diagnose the 
equipment under ``load''.
    (9) The diagnostic computer will not be used to test equipment 
until a visual inspection of the area is completed to determine that 
the area is in compliance with 30 CFR 75.403.
    (10) Personnel engaged in the use of the diagnostic computer will 
be properly trained to recognize the hazards and limitations associated 
with such diagnostic computer.
    (11) Within 60 days after the proposed decision and order become 
final, the petitioner will submit proposed revisions for its approved 
30 CFR part 48 training plan to the District Manager to ensure that the 
miners are aware of the stipulations contained in this petition. The 
procedure as required in 30 CFR 48.3 for approval of proposed revisions 
to already approved training plans will apply.
    The petitioner asserts that the proposed alternative will provide a 
level of safety equal to or greater than the same measure of protection 
afforded the miners under the existing standard.

    Docket Number: M-2017-042-C.
    Petitioner: Cumberland Contura, LLC, Three Gateway Center, 401 
Liberty Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Cumberland Mine, MSHA I.D. No. 36-05018, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance), 18.35(a)(5)(i) (Portable (trailing) cables and 
cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to the length of cables identified in Schedule 2G 18.35.
    The petitioner states that:
    (1) This petition will apply only to trailing cables that supply 
995-volt, three-phase, alternating current to continuous mining 
machine(s) and trailing cables that supply 575 volt, three phase, 
alternating current to loading machines, roof bolting machines, shuttle 
cars, and section ventilation fans. The trailing cables will have 90 
[deg]C insulation rating.
    (2) Extended length trailing cable used on shuttle cars will be 
three conductor round cable either Type G-GC, Type G, or Type G+GC. 
When a Type G-GC or Type G+GC round cable is used with wireless ground 
wire monitoring, the ground-check conductor will be connected as a 
ground conductor.
    (3) The maximum length of continuous mining machines, loaders, 
shuttle cars, roof bolters, and ventilation fan trailing cables will 
not exceed 1,000 feet.
    (4) The trailing cable for the 995-volt continuous mining machines 
will not be smaller than a No. 2 American Wire Gauge (AWG).
    (5) The trailing cables for the 575-volt loading machines will not 
be smaller than No. 2 AWG.
    (6) The trailing cables for the 575-volt roof bolters, shuttle 
cars, and ventilation fans will not be smaller than No. 4 AWG.
    (7) All circuit breakers used to protect No. 4 AWG trailing cables 
exceeding 600 feet in length will have instantaneous trip units 
calibrated to trip at 500 amperes. The trip setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
label will identify the circuit breaker as being suitable for 
protecting No. 4 AWG cables and will be maintained.
    (8) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 4 AWG trailing cables will be calibrated to trip at 
500 amperes and this setting will be sealed.
    (9) All circuit breakers used to protect No. 3 AWG trailing cables 
exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 600 amperes. The trip setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
label will identify the circuit breaker as being suitable for 
protecting No. 3 AWG cables and will be maintained.
    (10) Replacement circuit breakers and/or instantaneous trip units, 
used to protect No. 3 AWG trailing cables will be calibrated to trip at 
600 amperes and this setting will be sealed.
    (11) All circuit breakers used to protect No. 1 AWG trailing cables 
exceeding 750 feet in length will have instantaneous trip units 
calibrated to trip at 1,000 amperes. The trip setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
label will identify the circuit breaker as being suitable for 
protecting No. 1 AWG cables and will be maintained.
    (12) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 1 AWG trailing cables will be calibrated to trip at 
1,000 amperes and this setting will be sealed.
    (13) All circuit breakers used to protect No. 1/0 AWG trailing 
cables exceeding 800 feet in length will have instantaneous trip units 
calibrated to trip at 1,250 amperes. The trip setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
label will identify the circuit breakers as being suitable for 
protecting No. 1/0 AWG cables and will be maintained.
    (14) Replacement circuit breakers and/or instantaneous trip units, 
used to protect No. 1/0 AWG trailing cables will be calibrated to trip 
at 1,250 amperes and this setting will be sealed.
    (15) All circuit breakers used to protect No. 3 AWG trailing cables 
exceeding 900 feet in length will have instantaneous trip units 
calibrated to trip at 2,000 amperes. The trip setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
label will identify the circuit breakers as being suitable for 
protecting No. 3 AWG cables and will be maintained.
    (16) Replacement circuit breakers and/or instantaneous trip units, 
used to protect No. 3 AWG trailing cables will be calibrated to trip at 
2,000 amperes and this setting will be sealed.
    (17) All circuit breakers used to protect No. 2 AWG trailing cables 
exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 800 amperes. The setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
label will identify the circuit breaker as being suitable for 
protecting No. 2 AWG cables and will be maintained.
    (18) Replacement circuit breakers and/or instantaneous trip units, 
used to protect No. 2 AWG trailing cables will be calibrated to trip at 
800 amperes and this setting will be sealed.
    (19) All circuit breakers used to protect No. 2/0 AWG trailing 
cables exceeding 850 feet in length will have instantaneous trip units 
calibrated to trip at 1,500 amperes. The setting of these circuit 
breakers will be sealed and will have permanent, legible labels. The 
label will identify the circuit breaker as being suitable for 
protecting No. 2/0 AWG cables and will be maintained.
    (20) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2/0 AWG trailing cables will be calibrated to trip 
at 1,500 amperes and this setting will be sealed.
    (21) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (22) During each production day, persons designated by the operator 
will visually examine the trailing cables to ensure that the cables are 
in safe

[[Page 4929]]

operating condition and that the instantaneous settings of the 
specially calibrated breakers do not have seals removed or tampered 
with and that they do not exceed the stipulated settings.
    (23) Any trailing cable that is not in safe operating condition 
will be removed from service immediately and repaired or replaced.
    (24) Each splice or repair in the trailing cables to the continuous 
mining machines, loaders, shuttle cars, roof bolters, and ventilation 
fans will be made in a workmanlike manner and in accordance with the 
instructions of the manufacturer of splice and 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.
    (25) Permanent warning labels will be installed and maintained on 
the cover(s) of the power center identifying the location of each 
sealed short-circuit protective device. These labels will warn miners 
not to change or alter these sealed short-circuit settings.
    (26) In the event mining methods 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 mining machines, loading machines, 
shuttle cars, roof bolters, and ventilation fans. Moreover, trailing 
cable anchors on the cable reel equipment will be of the permanent type 
that minimizes the tensile forces on the trailing cables.
    (27) Where the method of mining would require that trailing cables 
cross roadways or haulageways, the cables will be securely supported 
from the mine roof or a substantial bridge for equipment to pass over 
the cables will be used.
    (28) Excessive cable will be stored behind the anchor(s) on 
equipment that use cable reels to prevent cable overheating.
    (29) The petitioner's alternative method will not be implemented 
until all miners who have been designated to examine the integrity of 
seals, verify the short-circuit settings, and examine trailing cables 
for defects have received training.
    (30) 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.
    (31) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for its approved 
30 CFR part 48 training plan to the District Manager for the area in 
which the mine is located. These proposed revisions will specify task 
training for miners designated to examine the trailing cables for safe 
operating condition and verify that the short-circuit settings of the 
circuit interrupting devices that protect the affected trailing cables 
do not exceed the settings specified in this petition. The training 
will include the following:
    (a) The hazards of setting the circuit interrupting devices too 
high to adequately protect the trailing cables.
    (b) How to verify that the circuit interrupting devices protecting 
the trailing cables are properly set and maintained.
    (c) Mining and operating procedures that will protect the trailing 
cables against damage.
    (d) How to protect the trailing cables against damage caused by 
overheating cables due to excessive cable stored on cable reel(s) and 
adjusting stored cable behind the cable anchor(s) as tramming distances 
change.
    (e) Proper procedures for examining the trailing cables to ensure 
that cables are in safe operating condition by a visual inspection of 
the entire cable, observing the insulation, the integrity of splices, 
and nicks and abrasions.
    The petitioner asserts that a decision in favor of this petition 
will in no way provide less than the same measure of protection 
afforded the miners under the existing standard.
    Docket Number: M-2018-001-M.
    Petitioner: Martin Marietta Kansas City, LLC, 1099 18th Street, 
Suite 2150, Denver, Colorado 80202.
    Mine: Randolph Deep Mine, MSHA I.D. No. 23-02308, located in Clay 
County, Missouri; Stamper Underground Mine, MSHA I.D. No. 23-02232 and 
Parkville Quarry, MSHA I.D. No. 23-01883, located in Platte County, 
Missouri.
    Regulation Affected: 30 CFR 49.6(a)(1) (Equipment and maintenance 
requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maintenance of a minimum of six 
approved self-contained breathing apparatus at its mine rescue station 
in lieu of twelve self-contained breathing apparatus. The petitioner 
proposes to maintain a mine rescue station with a minimum of six 
approved self-contained breathing apparatus and all equipment 
identified in 30 CFR 49(a)(2) through (a)(9). This station would 
contain sufficient equipment to equip one mine rescue team.
    The petitioner states that:
    (1) The Randolph Deep Mine is an underground limestone mine with 
active workings accessed from the surface via twin declines, located 
adjacent to one another and each 6750 feet long. It is a room and 
pillar mine with multiple openings to active mining areas.
    (2) The Stamper Underground Mine is an underground limestone mine 
with active workings accessed from the surface via two separate adits 
or entries; a decline for foot and vehicular traffic that is 1800 feet 
long and a single escape shaft, which is 350 feet in depth and equipped 
with a hoist for emergency evacuation. It is a room and pillar mine 
with multiple openings to active mining areas.
    (3) The Parkville Quarry is an underground limestone mine with 
active workings accessed from the surface via three separate adits or 
entries; a 900 feet long decline for foot and vehicular traffic and two 
shafts equipped with ladders for emergency evacuation. Shaft No. 1 is 
145 feet deep and Shaft No. 2 is 190 feet deep. It is a room and pillar 
mine with multiple openings to active mining areas.
    (4) The petitioner has established a single mine rescue team to 
serve as the primary mine rescue team for all three of the mine sites. 
The mine rescue team consists of seven qualified and trained members.
    (5) The petitioner has entered into an agreement with Central 
Plains Cement Company (``Central Plains'') whereby Central Plains 
agrees to provide mine rescue services by the Sugar Creek Mine Rescue 
Team as needed to petitioner. Central Plains is controlled by Eagle 
Materials, Inc. Similarly, petitioner has agreed to provide mine rescue 
services as needed to Central Plains.
    (6) The petitioner has a mine rescue station located at the 
Randolph Deep Mine which previously contained equipment sufficient only 
to supply one mine rescue team. Both the Stamper Underground Mine and 
the Parkville Quarry are within thirty minutes or less of ground travel 
time from the Randolph Deep mine. Sugar Creek had its own mine rescue 
station located within fifteen minutes of ground travel time from the 
Randolph mine. The Sugar Creek mine rescue station initially contained 
equipment sufficient to equip one mine rescue team. As of December 20, 
2017, petitioner has relocated certain mine rescue team equipment,

[[Page 4930]]

including six self-contained breathing apparatus, gas monitors, cap 
lamps, and oxygen bottles to the Sugar Creek Mine rescue station to 
ensure that the combined mine rescue station is in compliance with 30 
CFR 49.6(a).
    (7) Pursuant to the mine rescue services arrangement between 
petitioner and Central Plains, there will always be two mine rescue 
teams available whenever miners are underground and a minimum of twelve 
approved self-contained breathing apparatus available for a mine 
emergency. When maintained in the individual mine rescue stations, the 
apparatus could be used immediately or transported to another mine 
within a maximum forty-five minutes ground travel time.
    (8) The Petitioner proposes the following for its mine rescue 
station:
    (a) Self-Contained Breathing Apparatus: The mine rescue station 
will be equipped with a minimum of six self-contained breathing 
apparatus, each with a minimum of four hours capacity (approved by MSHA 
and the National Institute for Occupational Safety and Health under 42 
CFR part 84, subpart H), and any necessary equipment for testing such 
apparatus.
    (b) The mine operator will maintain a mine rescue station provided 
with all equipment identified in 30 CFR 49.6(a)(2) through (a)(9).
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-02071 Filed 2-1-18; 8:45 am]
 BILLING CODE 4520-43-P