Petition for Modification of Application of an Existing Mandatory Safety Standard
| Published date | 23 February 2022 |
| Record Number | 2022-03776 |
| Section | Notices |
| Court | Labor Department,Mine Safety And Health Administration |
Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)
[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10254-10256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03776]
[[Page 10254]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of an Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice includes the summaries of three 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 25, 2022.
ADDRESSES: You may submit your comments including the docket number of
the petition 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: S. Aromie Noe, Acting 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. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
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: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (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
(CFR) 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. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
3. In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2021-042-C.
Petitioner: Signal Peak Energy, LLC. 100 Portal Drive, Roundup,
Montana, 59072.
Mine: Bull Mountains Mine No. 1, MINE ID No. 24-01950, located in
Musselshell County, Montana.
Regulation Affected: 30 CFR 18.35(a)(5)(i) (Portable (trailing)
cables and cords).
Modification Request: The petitioner seeks modification of the
existing standard to permit 995-volt trailing cable lengths up to 1,000
feet in continuous mining sections. The petitioner states that the mine
runs continuous miner sections with shuttle cars, roof bolters, and a
continuous miner. Distribution boxes are required to remain in
compliance using maximum trailing cables lengths on development of
recovery rooms. The distribution boxes must be advanced progressively
and electrical connections made with each breakthrough. The
petitioner's alternative method to 30 CFR 18.35 would allow for 1,000-
feet trailing cables to apply to continuous miners, shuttle cars, and
roof bolters. The proposed alternative method will minimize the needs
for distribution boxes and electrical connections to be made and will
provide no less than the same measure of protection required by section
18.35.
The petitioner states that:
(a) The maximum length for 995-volt trailing cables will be
1,000 feet. The length of 1,000 feet will apply to trailing cables
for continuous miners, shuttle cars, and roof bolters.
(b) Cable Sizes:
1. The 995-volt continuous mining machine trailing cables shall
not be smaller than 2/0 American Wire Gauge (AWG).
2. The 995-volt trailing cables for shuttle cars and roof
bolters shall not be smaller than No.2 AWG.
(c) Circuit Breaker Protection:
1. All circuit breakers used to protect 2/0 AWG trailing cables
exceeding 850 feet in length shall have instantaneous trip units
calibrated to trip at 1,280 amperes and will be labeled.
2. All circuit breakers used to protect No. 2 AWG trailing
cables exceeding 700 feet in length shall have instantaneous trip
units calibrated at 500 amperes and will be labeled.
(d) Replacement Instantaneous Trip Units:
1. Replacement instantaneous trip units used to protect 2/0 AWG
trailing cables will be calibrated to trip at 1,280 amperes. The
trip setting of these circuit breakers will be sealed or locked, and
will have permanent legible labels. Each label will identify the
circuit breaker as being suitable for protecting 2/0 cables. The
label will be maintained to be legible.
2. Replacement instantaneous trip units used to protect No. 2
AWG trailing cables will be calibrated to trip at 500 amperes. The
trip setting of these circuit breakers will be sealed or locked, and
will have permanent legible labels. Each label will identify the
circuit breaker as being suitable for protecting No. 2 AWG cables.
The label will be maintained to be legible.
(e) All components that provide short-circuit protection shall
have a sufficient interruption rating in accordance with the maximum
calculated fault currents available.
(f) Trip settings will not exceed the setting specified in the
approval in documentation or 70 percent of the maximum available
current, whichever is less.
(g) Any trailing cable that is not in safe operating condition
shall be removed from service immediately and repaired or replaced.
(h) Each splice or repair in the trailing cables shall be made
in a workmanlike manner and in accordance with the instructions of
the manufacturer of the splice repair kit. Splices will be made with
an MSHA-approved splice wrap.
(i) Before each production shift, persons designated by the
operator will visually examine the trailing cables to ensure that
the cables are in safe operating condition and that the trip
settings of the calibrated breakers do not have seals or locks
removed and that they do not exceed the settings stipulated in
paragraphs (b) and (c).
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the applicable standard.
Docket Number: M-2021-043-C.
Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, West
Virginia, 26238.
Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel
tanks and safety cans).
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Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1904(b)(6), to permit an alternative
method of compliance to allow the use of a Brookville 25-ton diesel
locomotive in a dual role as a motor/diesel fuel transportation unit.
Specifically, the petitioner is requesting a modification of the
existing standard as it applies to the requirement for a shut-off valve
in the diesel return line from the locomotive's engine back to the fuel
tank.
The petitioner states that:
(a) The Longview Mine is currently under construction. The
mine's slope floor will have rail installed for diesel equipment,
including Brookville locomotives, to transport personnel, equipment,
and supplies. The petitioner will use a Brookville 25-ton Diesel
Locomotive to fuel diesel-powered equipment (i.e., forklifts) at or
near the working section.
(b) The petitioner is purchasing diesel-powered permissible 650
shield hauler scoops. These scoops will be utilized to transport
shields (roof supports) to and from rail-mounted cars from the
longwall set-up or recovery face.
(c) Utilizing a locomotive as a diesel fuel transportation unit
will eliminate the need for equipment to tram, potentially several
hundred feet, to an outby fueling location.
(d) As required by West Virginia regulations, the petitioner
will submit a plan to the West Virginia Office of Miners' Health
Safety and Training outlining the special safety precautions that
will be taken to insure the protection of miners when fueling in an
escapeway using the locomotive.
The petitioner proposes the following alternative method:
(a) The petitioner will equip the diesel Brookville locomotive
with a fuel tank constructed of 3/16-inch steel plates designed to
serve as both the motor's fuel tank and fuel dispensing tank. The
tank will be equipped with an 8 gallons per minute (gpm) pump that
can only dispense 50 percent of the tank's capacity, which will
ensure the motor's fuel supply cannot be completely depleted.
(b) The petitioner will shut off the locomotive's engine during
the fueling process. The 8 gpm fuel dispensing pump will operate
using a separate battery power source, added to supply power to the
pump. The fuel dispensing hose is a 50-foot hose with a no-latch
open device and a self-closing valve. There is a power supply switch
at the pump's nozzle storage bracket as well as an emergency shut-
off switch located above the fuel tank. The emergency switch is
protected by a cover that automatically ensures that the switch is
in the off position any time the cover is closed.
(c) The petitioner will post the following fueling procedures on
the fuel tank:
1. Make sure the fueling sign is hung and the locomotive's
engine is shut off.
2. Inspect fire extinguishers prior to beginning the fueling
process.
3. Ensure that fire extinguishers are located outby the fueling
point.
4. Verify fuel hose, equipment, etc. are in good condition.
5. Test for methane in the atmosphere.
6. Check for potential ignition sources and other hazards in the
area.
7. Notify the mine dispatcher before starting.
8. Unlock and open the emergency shut-off switch.
9. Check for any spills after the fueling is complete.
10. Shut off the emergency switch and close locked cover.
11. Notify the mine dispatcher after completion.
(d) The petitioner shall:
1. Equip the tank with a 4-inch vent designed to open at a
pressure not to exceed 2.5 pounds per square inch, as required by 30
CFR 75.11904(b).
2. Identify and mark tank openings and pressure-test the tank,
fittings, and components.
3. Equip the pump dispensing line and fuel supply lines with
shut-off valves as required by 30 CFR 75.1904(b)(6).
4. Equip the pump dispensing line with an anti-siphoning device
as required by 30 CFR 75.1905(b)(iii).
5. Provide the pump dispensing line with a self-closing valve
with no latch-open device as required by 30 CFR 75.1905(b)(3)(ii).
6. Install additional fire suppression and detection to ensure
that the system protects and meets all of the requirements of 30 CFR
75.1911.
(e) Within 60 days after the Proposed Decision and Order (PDO)
becomes final, the petitioner will submit proposed revisions for its
approved part 48 training plan to the District Manager. The proposed
revisions will include initial and refresher training regarding
compliance with the terms and conditions of the PDO.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Docket Number: M-2021-044-C.
Petitioner: Mingo Logan Coal, LLC, P.O. Box E, Sharples, West
Virginia 25183.
Mine: Mountaineer II Mine, MSHA ID No. 46-09029, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 18.35(a)(5)(i) (Portable (trailing)
cables and cords).
Modification Request: The petitioner requests a modification of 30
CFR 18.35(a)(5)(i) to increase the maximum length of trailing cables
supplying power to face equipment. Specifically, the petitioner
requests a modification to permit an increase in the maximum length of
trailing cables supplying power to face equipment to 1,000 feet.
The petitioner states that:
(a) The mine plan requires maintenance of large pillars for roof
control requirements. The larger pillars require machines to travel
longer distances to the working face.
(b) The power center is currently located two crosscuts outby in
the air intake entry, and the maximum cable length is 380 feet.
(c) The air intake entry is the primary escapeway.
(d) The power center partially obstructs the intake ventilation.
This complicates the ventilation system because it increases the
overall restriction at the section's intake dumping point. This
further complicates ventilation because belt air intake is utilized
throughout the mine and a strict balance between intake and belt air
intake must be maintained per regulation and the approved
ventilation plan.
(e) One-thousand-foot cables will allow the power center to be
located in a crosscut instead of the escapeway. The cable length
during normal production will be 466 feet. However, extending the
maximum length to 1,000 feet, prevents the risk of cable damage and
potential operator injury if a machine travels beyond the 500 feet
length allowed by the standard, breaking the cable. Operators may
lose track of how much cable is on the reel and overextend the
distance. Extending the maximum cable lengths to 1,000 feet when
mining larger pillars mitigates a potential safety hazard of a cable
breaking and striking an operator.
(f) Locating the power center in a crosscut rather than in the
primary escapeway improves miner safety by providing unobstructed
egress from the mine during an evacuation event.
(g) Locating the power center in a crosscut will not obstruct
the intake ventilation.
The petitioner proposes the following alternative method:
(a) The maximum length of the 995-volt, three-phase, alternating
current trailing cables shall not exceed 1,000 feet in length and
shall have a 90 degree Celsius insulation rating. The maximum length
of the 600-volt, three phase, alternating current, trailing cables
supplying section loading machines, roof bolters, and shuttle cars
shall not exceed 1,000 feet in length and shall have a 90 degree
Celsius insulation rating.
(b) The trailing cable shall not be smaller than No. 2/0
American Wire Gauge (AWG) for the continuous mining machine.
(c) The trailing cables shall not be smaller than No. 2 AWG for
the section roof bolting machines and shuttle cars.
(d) All circuit breakers used to protect No. 2/0 AWG cables not
to exceed 1,000 feet in length shall have instantaneous trip units
set to trip at 1,500 amperes. The circuit breakers' trip settings
shall be sealed and the circuit breakers shall have permanent,
legible labels identifying the circuit as being suitable for
protecting No. 2/0 AWG cables.
(e) Replacement circuit breakers and/or instantaneous trip units
used to protect No. 2/0 AWG trailing cables shall be set to trip at
1,500 amperes and this setting shall be sealed.
(f) All circuit breakers used to protect No. 2 AWG trailing
cables not to exceed 1,000 feet in length shall have instantaneous
trip units set to trip at 600 amperes. The circuit breakers' trip
setting shall be sealed, and the
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circuit breakers shall have permanent, legible labels, identifying
the circuit breakers as being set for the size of the cable.
(g) Replacement circuit breakers and/or instantaneous trip units
used to protect No. 2 AWG cables shall be set to trip at 600 amperes
and shall be sealed.
(h) During each production day, persons designated by the
operator shall visually examine the trailing cables to ensure that
the cables are in safe operating condition and that the trip
settings are sealed and do not exceed the settings stipulated in
this petition.
(i) Any trailing cable that is not in safe operating condition
shall be removed from service immediately and repaired or replaced.
In addition, if mining methods or operation procedures cause or
contribute to the damage of any trailing cable, additional
precautions shall be taken to ensure that the cable is protected and
maintained in a safe operating condition.
(j) Each splice or repair in the trailing cable shall be made in
a proper workmanlike manner and in accordance with the instructions
of the manufacturer of the splice or repair kit. The outer jacket of
each splice or repair shall be vulcanized with flame resistant
material or made with material that has been accepted by MSHA as
flame resistant under 30 CFR part 18.
(k) Permanent warning labels shall be installed and maintained
on the covers of each circuit breaker and trailing cable
disconnecting device indicating that the trailing cable can only be
connected to a properly adjusted and sealed circuit breaker. These
labels shall warn miners not to change or alter the sealed trip
settings and not to connect the trailing cables to an improperly
adjusted circuit breaker.
(l) The conditions of this petition shall not be implemented
until all miners designated to examine the integrity of the seals,
verify the trip settings, and examine trailing cables for defects
have received the training outlined in this petition.
(m) Within 60 days after the proposed decision and order becomes
final, the petitioner shall submit proposed revisions to its
approved 30 CFR part 48 training plan to the MSHA District Manager.
The proposed revisions shall specify task training for miners
designated to verify that the trip settings of the circuit
interrupting devices protecting the affected trailing cables do not
exceed the specified settings. The training shall include the
following elements:
1. The hazards of setting the circuit interrupting device too
high to adequately protect the trailing cable.
2. How to verify that the circuit interrupting devices
protecting the trailing cables are properly set and maintained.
3. Mining methods and operating procedures to protect the
trailing cables against damage.
4. Proper procedures for examining the affected trailing cables
to ensure they are in safe operating condition.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-03776 Filed 2-22-22; 8:45 am]
BILLING CODE 4520-43-P
