Notice2024-30945
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
December 30, 2024
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 Harrison County Coal Resources, Inc.
Full Text
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<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106598-106599]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30945]
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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.
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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
Harrison County Coal Resources, Inc.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before January 29, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0118 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-2024-0118.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#b2c2d7c6dbc6dbdddcd1dddfdfd7dcc6c1f2d6ddde9cd5ddc4"><span class="__cf_email__" data-cfemail="96e6f3e2ffe2fff9f8f5f9fbfbf3f8e2e5d6f2f9fab8f1f9e0">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at 4th Floor West. 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.
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#2d7d485944594442435e4b425f404249444b444e4c594442436d494241034a425b"><span class="__cf_email__" data-cfemail="f8a89d8c918c9197968b9e978a95979c919e919b998c919796b89c9794d69f978e">[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 mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
[[Page 106599]]
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-2024-072-C.
Petitioner: Harrison County Coal Resources, Inc., 464 North Portal
Rd., Wallace, WV 26448.
Mine: Harrison County Mine, MSHA ID No. 46-01318, located in Marion
County, West Virginia.
Regulation Affected: 30 CFR 75.503, Permissible electric face
equipment; maintenance; Specified in 30 CFR 18.35(a)(5)(i), Portable
(trailing) cables and cords.
Modification Request: The petitioner requests a modification of 30
CFR 75.503 to increase the maximum length of tailing cables specified
in 30 CFR 18.35(a)(5)(i) that supply power to loading machines to 1,000
feet.
The petitioner states that:
(a) The Harrison County Mine is developing longwall panels as part
of a continuing mining cycle. The longwall development panels consist
of a three-entry system with 300-foot deep cuts to improve roof and
abutment pressure control during longwall mining. Ventilation is also
improved by limiting the number of stoppings, which have a built-in
ventilation pressure loss factor. The Harrison County Mine is also
developing main and submain sections as part of the continuing mining
cycle. The petitioner has provided typical section prints showing the
need for cable lengths greater than 700 feet for this development
system.
(b) The petitioner has also provided a summary of short-circuit
calculations justifying the instantaneous trip setting for the circuit
breakers protecting the trailing cables supplying power to 995 Volt
loading machines in Harrison County Mine.
(c) The proposed alternative method will at all times guarantee no
less than the same measure of protection to all miners as would be
provided by the mandatory standard.
The petitioner proposes the following alternative method:
(a) The proposed decision and order (PDO) granted by MSHA shall
apply only to trailing cables supplying three-phase, 995-volt power to
loading machines.
(b) The maximum lengths of the trailing cables shall be 1,000 feet.
(c) All trailing cables exceeding 700 feet in length and supplying
three-phase, 995-volt power to loading machines shall be No. 2 American
wire gauge (AWG), or larger.
(d) 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 (amps). The trip setting of these
circuit breakers shall be sealed or locked, and these circuit breakers
shall have permanent, legible labels. The calibration, sealing and
labeling shall be performed by the manufacturer or at a repair facility
outfitted with calibrated test equipment. The labels shall be
maintained in legible condition.
(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, and this setting shall be sealed or locked. The
calibration, sealing, and labeling shall be performed by the
manufacturer or a repair facility outfitted with calibrated test
equipment.
(f) 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 instantaneous settings of
the specially calibrated breakers do not have seals or locks removed
and that they do not exceed the stipulated settings specified in items
(d) and (e).
(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 cable shall be made in a
workmanlike manner and in accordance with the instructions of the
manufacturer of the splice or repair materials. 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.
(i) In the event the mining method 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. Also,
additional precautions shall be taken to ensure that, in the future,
the cable is protected and maintained in safe operating condition.
(j) 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. The label shall
identify the circuit breakers as being suitable for protecting No. 2
AWG cables and shall warn miners not to change or alter these short-
circuit settings.
(k) The alternative method shall not be implemented until all
miners, who have been designated to examine the integrity of seals and
verify the short-circuit settings and proper procedures for examining
trailing cables for defects and damage, have received the elements of
training specified in item (l).
(l) Within sixty (60) days after the PDO is granted by MSHA, the
petitioner shall submit proposed revisions for its 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 shall
protect the trailing cables against damage.
(2) Training in the proper procedures for examining the trailing
cables to ensure that the cables are in safe operating condition.
(3) Training in hazards of setting the instantaneous circuit
breakers too high to adequately protect the trailing cables.
(4) Training in how to verify that circuit interrupting devices
protecting the trailing cables are properly set and maintained.
(m) The procedures of 30 CFR 48.3 for approval of proposed
revisions to already approved training plans shall apply.
(n) The miners at Harrison County Coal Resources, Inc., Harrison
County Mine, are represented by a labor organization and a copy of this
petition has been provided to the representative of the miners at the
mine on October 30, 2024.
In support of the proposed alternative method, the petitioner
submitted: schematic diagrams showing the lengths and locations of
trailing cables; a fault analysis summary; a short-circuit analysis
including specific cable information for all high voltage cables from
the utility service drop to the section power center; and one-line
diagrams.
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 mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-30945 Filed 12-27-24; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on December 30, 2024.
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