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)

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 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: [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 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), 
[email protected] (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