83 FR 51708 - Petitions for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 198 (October 12, 2018)

Page Range		51708-51709
FR Document		2018-22181

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 198 (Friday, October 12, 2018)

[Federal Register Volume 83, Number 198 (Friday, October 12, 2018)]
[Notices]
[Pages 51708-51709]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22181]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions 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.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before November 13, 
2018.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Email: zzMSHA-comments@dol.gov 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 a copy 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), 
barron.barbara@dol.gov (email), or 202-693-9441 (fax). [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-2018-018-C.
    Petitioner: Wilson Creek Energy, LLC, Three Gateway Center, Suite 
1500, 401 Liberty Avenue, Pittsburgh, PA 15222.
    Mine: Acosta Deep Mine, MSHA I.D. No. 36-09893, located in Somerset 
County, Pennsylvania.
    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 an alternative method of compliance with 
respect to the length of trailing cable.
    The petitioner states that:
    (1) The Acosta Deep Mine is a room and pillar mine that utilizes 
continuous

[[Page 51709]]

mining machines and continuous haulage. The rooms off the mains or 
submains are driven approximately 600 feet on 52 feet by 60 feet 
centers. There are three producing sections. When using continuous 
haulage, it is necessary to add an electrical box (``D-box'') on the 
return side of the section so that the roof bolters have enough cable 
to reach the faces. The granting of this petition will eliminate the 
additional electrical box and will make the bolting process more 
efficient and thus effective. The mine utilizes 480V Fletcher Roof 
Ranger II roof bolters.
    (2) The granting of the petition will reduce the amount of cable 
handling. The average mining height is 38-42 inches. Sprains and 
strains from cable handling are the most frequent injury at the mine.
    (3) The petitioner proposes the following alternative method to be 
utilized:
    (a) The maximum length of the 480-volt trailing cables will be 
1,100 feet when using No. 2 American Wire Gauge (AWG) cables.
    (b) The trailing cables for the 480-volt Fletcher Roof Ranger II 
roof bolters will not be smaller than No. 2 AWG cable.
    (c) All circuit breakers used to protect the No. 2 AWG trailing 
cables exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 700 amperes. The trip setting of these circuit 
breakers will be sealed to ensure that the setting on these circuit 
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.
    (d) Replacement circuit breakers and/or instantaneous trip units 
used to protect the No. 2 AWG trailing cables will be calibrated to 
trip at 700 amperes, and this setting will be sealed.
    (e) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (f) During each production day, the No. 2 AWG cables and the 
associated circuit breakers will be examined in accordance with all 30 
CFR provisions.
    (g) Permanent warning labels will be installed and maintained on 
the load center identifying the location of each short-circuit 
protective device. These labels will warn miners not to change or alter 
the settings of these devices.
    (h) If the affected trailing cables are damaged in any way during 
the shift, the cable will be de-energized and repairs made.
    (i) This alternative method will not be implemented until all 
miners who have been designated to operate the roof bolters, or any 
other person designated to examine the trailing cables or trip settings 
on the circuit breakers have received the proper training.
    (j) 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. These proposed 
revisions will specify task training for miners designated to examine 
the trailing cables for safe operating condition and verify the short-
circuit settings of the circuit interrupting device(s) that protect the 
affected trailing cables do not exceed the specified setting(s) in Item 
No. 3(c). The training will include the following:
    (i) The hazards of setting short-circuit interrupting device(s) too 
high to adequately protect the trailing cables;
    (ii) How to verify that the circuit interrupting devices(s) 
protecting the trailing cable(s) are properly set and maintained;
    (iii) Mining methods and operating procedures that will protect the 
trailing cables against damage; and
    (iv) The proper procedure for examining the trailing cables to 
ensure that the cable(s) are in safe operating condition by a visual 
inspection of the entire cable, observing the insulation, the integrity 
of the splices, nicks, and abrasions.
    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.

Roslyn B. Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-22181 Filed 10-11-18; 8:45 am]
 BILLING CODE 4520-43-P

51708 Federal Register / Vol. 83, No. 198 / Friday, October 12, 2018 / Notices

regarding the items contained in this engage in criminal conduct or Persons delivering documents are
notice, especially the estimated public individuals under the supervision of a required to check in at the receptionist’s
burden and associated response time, criminal justice agency commit desk in Suite 4E401. Individuals may
should be directed to Gerry Lynn subsequent criminal acts. inspect a copy of the petition and
Brovey, Supervisory Information (5) An estimate of the total number of comments during normal business
Liaison Specialist, Federal Bureau of respondents and the amount of time hours at the address listed above.
Investigation, Criminal Justice estimated for an average respondent to MSHA will consider only comments
Information Services Division, 1000 respond: It is estimated that 12 postmarked by the U.S. Postal Service or
Custer Hollow Road; Clarksburg, WV respondents will complete each form proof of delivery from another delivery
26306; phone: 304–625–4320 or email within approximately 5 minutes. service such as UPS or Federal Express
glbrovey@ic.fbi.gov. Written comments (6) An estimate of the total public on or before the deadline for comments.
and/or suggestions can also be sent to burden (in hours) associated with the FOR FURTHER INFORMATION CONTACT:
the Office of Management and Budget, collection: There are an estimated 60 Barbara Barron, Office of Standards,
Office of Information and Regulatory total annual burden hours associated Regulations, and Variances at 202–693–
Affairs, Attention Department of Justice with this collection. 9447 (voice), barron.barbara@dol.gov
Desk Officer, Washington, DC 20503 or If additional information is required (email), or 202–693–9441 (fax). [These
sent to OIRA_submissions@ contact: Melody Braswell, Department are not toll-free numbers.]
omb.eop.gov. Clearance Officer, United States SUPPLEMENTARY INFORMATION: Section
SUPPLEMENTARY INFORMATION: Written Department of Justice, Justice 101(c) of the Federal Mine Safety and
comments and suggestions from the Management Division, Policy and Health Act of 1977 and Title 30 of the
public and affected agencies concerning Planning Staff, Two Constitution Code of Federal Regulations Part 44
the proposed collection of information Square, 145 N Street NE, Suite 3E.405B, govern the application, processing, and
are encouraged. Your comments should Washington, DC 20530. disposition of petitions for modification.
address one or more of the following Dated: October 9, 2018.
four points: I. Background
Melody Braswell,
—Evaluate whether the proposed Department Clearance Officer, PRA, U.S. Section 101(c) of the Federal Mine
collection of information is necessary Department of Justice. Safety and Health Act of 1977 (Mine
for the proper performance of the [FR Doc. 2018–22223 Filed 10–11–18; 8:45 am] Act) allows the mine operator or
functions of the agency, including BILLING CODE 4410–02–P representative of miners to file a
whether the information will have petition to modify the application of any
practical utility; mandatory safety standard to a coal or
—Evaluate the accuracy of the agency’s DEPARTMENT OF LABOR other mine if the Secretary of Labor
estimate of the burden of the (Secretary) determines that:
proposed collection of information, Mine Safety and Health Administration 1. An alternative method of achieving
including the validity of the the result of such standard exists which
methodology and assumptions used; Petitions for Modification of will at all times guarantee no less than
—Evaluate whether and if so how the Application of Existing Mandatory the same measure of protection afforded
quality, utility, and clarity of the Safety Standard the miners of such mine by such
information to be collected can be standard; or
enhanced; and AGENCY: Mine Safety and Health 2. That the application of such
—Minimize the burden of the collection Administration, Labor. standard to such mine will result in a
of information on those who are to ACTION: Notice. diminution of safety to the miners in
respond, including through the use of such mine.
appropriate automated, electronic, SUMMARY: This notice is a summary of
In addition, the regulations at 30 CFR
mechanical, or other technological a petition for modification submitted to
44.10 and 44.11 establish the
collection techniques or other forms the Mine Safety and Health
requirements and procedures for filing
of information technology, e.g., Administration (MSHA) by the parties
petitions for modification.
permitting electronic submission of listed below.
responses. DATES: All comments on the petition II. Petition for Modification
must be received by MSHA’s Office of Docket Number: M–2018–018–C.
Overview of this information
Standards, Regulations, and Variances Petitioner: Wilson Creek Energy, LLC,
collection:
(1) Type of information collection: on or before November 13, 2018. Three Gateway Center, Suite 1500, 401
Revision of an approved collection. ADDRESSES: You may submit your Liberty Avenue, Pittsburgh, PA 15222.
(2) Title of the form/collection: Rap comments, identified by ‘‘docket Mine: Acosta Deep Mine, MSHA I.D.
Back Services Form number’’ on the subject line, by any of No. 36–09893, located in Somerset
(3) Agency form number: The form the following methods: County, Pennsylvania.
number is 1–796. Sponsoring 1. Email: zzMSHA-comments@dol.gov Regulation Affected: 30 CFR 75.503
component: Department of Justice, Include the docket number of the (Permissible electric face equipment;
Federal Bureau of Investigation, petition in the subject line of the maintenance) and 30 CFR 18.35
Criminal Justice Information Services message. (Portable (trailing) cables and cords).
2. Facsimile: 202–693–9441. Modification Request: The petitioner
khammond on DSK30JT082PROD with NOTICES

Division.
(4) Affected public who will be asked 3. Regular Mail or Hand Delivery: requests a modification of the existing
or required to respond, as well as a brief MSHA, Office of Standards, standard to permit an alternative
abstract: Primary: This form is utilized Regulations, and Variances, 201 12th method of compliance with respect to
by authorized agencies to enroll Street South, Suite 4E401, Arlington, the length of trailing cable.
individuals in the Rap Back Service to Virginia 22202–5452, Attention: Sheila The petitioner states that:
ensure the submitting agency is notified McConnell, Director, Office of (1) The Acosta Deep Mine is a room
when individuals in positions of trust Standards, Regulations, and Variances. and pillar mine that utilizes continuous

VerDate Sep<11>2014 19:19 Oct 11, 2018 Jkt 247001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12OCN1.SGM 12OCN1

Document Created: 2018-10-13 10:09:20
Document Modified: 2018-10-13 10:09:20

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 petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before November 13, 2018.
Contact		Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (voice), [email protected] (email), or 202-693-9441 (fax). [These are not toll-free numbers.]
FR Citation		83 FR 51708

83 FR 51708 - Petitions for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 83, Issue 198 (October 12, 2018)

DEPARTMENT OF LABOR
Mine Safety and Health Administration