[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10103-10104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02931]


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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 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 March 14, 2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0056 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0056.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#d8a8bdacb1acb1b7b6bbb7b5b5bdb6acab98bcb7b4f6bfb7ae"><span class="__cf_email__" data-cfemail="28584d5c415c4147464b4745454d465c5b684c4744064f475e">[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 the receptionist's desk in 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, 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#336356475a475a5c5d40555c415e5c575a555a5052475a5c5d73575c5f1d545c45"><span class="__cf_email__" data-cfemail="623207160b160b0d0c11040d100f0d060b040b0103160b0d0c22060d0e4c050d14">[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:
    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-2023-027-C.
    Petitioner: Mountain Coal Company, LLC, 5174 Highway 133, Somerset, 
Colorado 81434.
    Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison 
County, Colorado.
    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 length of tailing cables to a 
maximum of 1,100 feet for mobile roof support machines and shuttle 
cars.
    The petitioner states that:
    (a) The petitioner has a previously granted petition for 
modification, docket number M-2012-036-C, to use trailing cables 
supplying three-phase, 995-volt AC power to continuous machines, roof 
bolting machines, and auxiliary face fans and 575-volt AC power to roof 
bolting machines and auxiliary face fans.
    (b) The petitioner is now requesting to add four Fletcher Mobile 
Roof Support machines, model MRS17, and Komatsu 10SC32 shuttle cars. 
The Fletcher Mobile Roof Support machines and Komatsu 10SC32 shuttle 
cars will be used under the same terms and conditions listed in the 
previously granted petition.
    The petitioner proposes the following alternative method:
    (a) The maximum trailing cable length shall be 1,100 feet for the 
No. 4 trailing cables for the mobile roof support machines and the No. 
2 trailing cables for the shuttle cars.
    (c) All circuit breakers used to protect the No. 4 trailing cables 
exceeding 1,000 feet for the 995-volt mobile roof support

[[Page 10104]]

machines shall have instantaneous trip units calibrated to trip at 
2,500 amperes. The trip setting of these circuit breakers shall be 
sealed or locked so that the setting cannot be changed. The circuit 
breakers shall have permanent legible labels displaying the maximum 
short circuit setting. Calibration, sealing, and labeling of circuit 
breakers 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 the No. 4 cables. The labels shall be maintained as legible.
    (c) Replacement instantaneous trip units used to protect the No. 4 
trailing cables shall be calibrated to trip at 2,500 amperes and this 
setting shall be sealed or locked. Calibration, sealing, and labeling 
of the replacement units shall be conducted by the device manufacturer, 
or an authorized repair facility outfitted with calibrated test 
equipment.
    (d) All circuit breakers used to protect the No. 2 trailing cables 
exceeding 850 feet in length for the shuttle cars shall have 
instantaneous trip units calibrated to trip at 1,500 amperes. The trip 
setting of these circuit breakers shall be sealed or locked so that the 
setting cannot be changed. The circuit breakers shall have permanent 
legible labels displaying the maximum short circuit setting. 
Calibration, sealing, and labeling of circuit breakers 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 the No. 2 
cables. The labels shall be maintained as legible.
    (e) Replacement instantaneous trip units used to protect the No. 2 
trailing cables shall be calibrated to trip at 1,500 amperes and this 
setting shall be sealed or locked. Calibration, sealing, and labeling 
of the replacement units shall be conducted by the device manufacturer, 
or an authorized repair facility outfitted with calibrated test 
equipment.
    (f) All components that provide short-circuit protection shall have 
a sufficient interruption rating in accordance with the maximum 
calculated fault current available.
    (g) The trailing cables for the mobile roof support machines and 
shuttle cars shall be protected by being hung on well-installed 
insulated hangers from the section transformer to the slack pile of the 
trailing cable for each machine or to the last open crosscut, whichever 
is further outby.
    (h) Prior to putting the mobile roof support machines and shuttle 
cars in service for each shift, examinations by persons designated by 
the mine operator shall be made to 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 
items (b) and (d).
    (i) Permanent warning labels shall be installed and maintained on 
the cover(s) of each circuit breaker and the trailing cable 
disconnecting device indicating that the cable can only be connected to 
a circuit breaker that is set to trip at its pre-determined 
instantaneous value. These labels shall warn miners not to change or 
alter these sealed short-circuit settings and warn them not to connect 
the trailing cable to an improperly adjusted circuit breaker.
    (j) Any trailing cable that is not in safe operating condition or 
damaged in any way 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 75.602 and 30 CFR 75.604.
    (k) Excessive cable shall be stored behind the anchor(s) on 
equipment that use cable reels to prevent cable(s) from overheating. 
Trailing cables anchoring points located along haulage roads, belt 
tailpiece, or feeder shall be arranged to prevent the shuttle cars from 
running over their trailing cables to minimize the need for secondary 
(temporary) trailing cable anchoring points and minimize back spooling.
    (l) Before implementation of the terms and conditions in MSHA's 
Proposed Decision and Order (PDO), all miners who have been designated 
to examine the integrity of seals or locks and to verify the short-
circuit settings and proper procedures for examining trailing cables 
for defects and damage shall receive the training specified in item 
(n).
    (m) Before implementation of the terms and conditions in the PDO, 
the circuit breakers outlined above shall be inspected by MSHA to 
ensure their conformity with the terms and conditions of the PDO.
    (n) Within 60 days after the PDO becomes final, the petitioner 
shall submit proposed revisions for its approved 30 CFR part 48 
training plan to the Mine Safety and Health Enforcement District Office 
for the District which the mine is located. The training shall include 
the following elements:
    (1) Training in the mining methods and operating procedures that 
will protect the trailing cables against damage;
    (2) Training in proper procedures for examining the trailing cables 
to ensure that they are in safe operating condition;
    (3) Training in the 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; and
    (5) Training to protect the trailing cable(s) against damage caused 
by overheating due to excessive cable stored on the cable reel(s) and 
properly adjusting stored cable behind the cable anchor(s) as tramming 
distances change.
    In support of the proposed alternative method, the petitioner 
submitted fault analysis for 1,100 feet of the No. 4 and No. 2 trailing 
cables to demonstrate that there is enough current available to trip 
the short circuit protection at the time of a fault.
    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. 2024-02931 Filed 2-12-24; 8:45 am]
BILLING CODE 4520-43-P


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