Notice2022-18610
Petition for Modification of Application of Existing Mandatory Safety Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2022
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 167 (Tuesday, August 30, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 53014-53016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18610]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition 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 a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before September 29,
2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0040 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2022-0040.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#82f2e7f6ebf6ebedece1edefefe7ecf6f1c2e6edeeace5edf4"><span class="__cf_email__" data-cfemail="5d2d382934293432333e3230303833292e1d393231733a322b">[email protected]</span></a>.
4. 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, 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.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#1b4b7e6f726f727475687d746976747f727d72787a6f7274755b7f7477357c746d"><span class="__cf_email__" data-cfemail="411124352835282e2f32272e332c2e25282728222035282e2f01252e2d6f262e37">[email protected]</span></a> (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
(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
[[Page 53015]]
mandatory safety standard to a coal or other mine if the Secretary of
Labor 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.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2022-014-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
Regulation Affected: 30 CFR 75.503, Permissible electric face
equipment; maintenance.
Modification Request: The petitioner requests a modification of 30
CFR 75.503 as it pertains to increasing the length of trailing cables
used on low and medium voltage shuttle cars, auxiliary face ventilation
fans, and roof bolting machines to 1,000 feet in length.
The petitioner states that:
(a) The Shoal Creek Mine utilizes continuous mining and longwall
methods of mining.
(b) The operator uses cables up to 700 feet in length on its
development sections and utilizes pillars 150 feet in length.
(c) For ground control purposes, the length of the pillars left for
roof support during development at the mine may need to exceed the
current 150 feet length.
(d) Without the requested modification, the inability to increase
the length of the pillars will prevent an improved system of roof
control.
(e) Increase in the length of the pillar without the requested
modification makes cable handling and the section layout difficult for
shuttle cars, auxiliary fans, and roof bolting machines.
(f) Increase in the length of cables will permit improved roof
control and more efficient and safer cable handling.
The petitioner proposes the following alternative method:
(a) The maximum length of the low and medium trailing cables shall
be 1,000 feet. The 1,000 feet trailing cables shall only be used on the
section shuttle cars, roof bolters, and auxiliary ventilation fans.
(b) The low and medium voltage trailing cables shall not be smaller
than No. 2 American Wire Gauge (AWG).
(c) All circuit breakers used to protect the No. 2 AWG trailing
cables exceeding 700 feet in length shall have instantaneous trip units
calibrated to trip at 800 amperes +/-10%. The trip settings of these
circuit breakers shall be sealed or locked so the settings cannot be
changed, and these circuit breakers shall have permanent, legible
labels. Each label shall identify the circuit breaker as being suitable
for protecting No. 2 AWG cables.
(d) Calibration, sealing, and labeling of circuit breakers and
replacement units shall be performed by the circuit breaker
manufacturer or an authorized repair facility outfitted with calibrated
test equipment. Each label shall identify the circuit breaker as being
suitable for protecting No. 2 AWG cable.
(e) Replacement circuit breakers and/or instantaneous trip units
used to protect the No. 2 AWG trailing cables shall be calibrated to
trip at 800 amperes +/-10%, and they shall be sealed.
(f) All components that provide short-circuit protection shall have
a sufficient interruption rating in accordance with the minimum and
maximum calculated fault currents available. Minimum and maximum
calculated fault currents shall be made available by the operator.
(g) Prior to putting the equipment noted in item (a) of this
section into service for each shift, persons designated by the mine
operator shall visually examine the trailing cables to ensure that the
cables are in safe operating condition. The instantaneous settings of
the specially calibrated circuit breakers shall also be visually
examined to ensure that the seals or locks have not been removed and
that they do not exceed the settings stipulated in item (c) of this
section.
(h) Permanent warning labels shall be installed and maintained on
the cover(s) of the power center identifying the location of each
sealed or locked short-circuit protective device. These labels shall
warn miners not to change or alter the short-circuit settings. If any
labels or settings on circuit breakers are altered or changed, the
labels and/or short-circuit protective devices shall be changed.
(i) If the mining methods or operating procedures cause or
contribute to the damage of any trailing cable, the cable shall be
removed from service immediately and repaired or replaced. 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 or repair materials. The splice or repair shall comply with 30
CFR 75.603 and 75.604. Additional precautions shall be taken to ensure
that haulage roads and trailing cable storage areas are situated to
minimize contact of the trailing cable with continuous mining
equipment, haulage systems, scoops, and roof bolters.
(j) The petitioner's alternative method shall not be implemented
until all miners designated to examine the integrity of seals or locks
verify the short-circuit settings and proper procedures for examining
trailing cables for defects or damage and to examine the designated
operations of the section shuttle cars, roof bolters, and auxiliary
ventilation fans have received the training specified in item (m).
(k) Prior to implementation of this petition, the circuit breakers
shall be inspected by MSHA to ensure their conformity with the terms
and conditions of this petition.
(l) Within 60 days after this petition becomes final, the operator
shall submit proposed revisions for the approved 30 CFR part 48
training plan to the Coal Mine Safety and Health District Manager for
the area in which the mine is located. The training shall include the
following elements:
(1) Training in mining methods and operating procedures that will
protect the trailing cables against damage.
(2) The proper procedure for examining the trailing cable to ensure
that the cable(s) are in safe operating condition by a visual
inspection of the entire cable, observing the insulation and the
integrity of the splices, nicks, and abrasions.
(3) Training in hazards of setting the short-circuit interrupting
device(s) too high to adequately protect the trailing cables.
(4) Training in how to verify that the circuit interrupting
device(s) protecting the trailing cable(s) are properly set and
maintained.
(5) On each production shift, the person designated by the operator
to examine the trailing cable shall ensure that only the amount of the
trailing cable needed for the shift is stored on the cable reel to
prevent cable overheating. All excess cable shall be stored in a safe
location.
(m) The operator shall post this Petition in unobstructed locations
on the bulletin boards and/or in other conspicuous places where notices
to miners are ordinarily posted at the mine for a period of not less
than 60 consecutive days.
The petitioner asserts that the alternative method proposed will at
all times guarantee no less than the same
[[Page 53016]]
measure of protection afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-18610 Filed 8-29-22; 8:45 am]
BILLING CODE 4520-43-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 30, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.