10254 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

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. 

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: zzMSHA-comments@

dol.gov. 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), petitionsformodification@

dol.gov (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 shortcircuit 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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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 10255 

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 dieselpowered equipment (i.e., forklifts) at or near 

the working section. 

(b) The petitioner is purchasing dieselpowered 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 selfclosing 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 75.1904(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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10256 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

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 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Affirmative Decisions on Petitions for 

Modification Granted in Whole or in 

Part 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice. 

SUMMARY: The Federal Mine Safety and 

Health Act of 1977 and Title 30 of the 

Code of Federal Regulations govern the 

application, processing, and disposition 

of petitions for modification of 

mandatory safety standards. Any mine 

operator or representative of miners may 

petition for an alternative method of 

complying with an existing safety 

standard. MSHA reviews the content of 

each submitted petition, assesses the 

mine in question, and ultimately issues 

a decision on the petition. This notice 

includes a list of petitions for 

modification that were granted after 

MSHA’s review and investigation, 

between July 1, 2021 and December 31, 

2021. 

ADDRESSES: Copies of the final decisions 

are posted on MSHA’s website at 

https://www.msha.gov/regulations/ 

rulemaking/petitions-modification. The 

public may also inspect the petitions 

and final decisions in person at MSHA, 

Office of Standards, Regulations, and 

Variances, 201 12th Street South, 

Arlington, Virginia, between 9:00 a.m. 

and 5:00 p.m. Monday through Friday, 

except federal holidays. 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), petitionsformodification@

dol.gov (email), or 202–693–9441 

(facsimile). [These are not toll-free 

numbers.] 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Under section 101 of the Federal Mine 

Safety and Health Act of 1977, any mine 

operator or representative of miners may 

petition to use an alternative approach 

to comply with a mandatory safety 

standard. In response, the Secretary of 

Labor (Secretary) or his or her designee 

may modify the application of a 

mandatory safety standard to that mine 

if the Secretary determines that: (1) An 

alternative method exists that will 

guarantee no less protection for the 

miners affected than that provided by 

the standard; or (2) the application of 

the standard will result in a diminution 

of safety to the affected miners. 

MSHA bases the final decision on the 

petitioner’s statements, any comments 

and information submitted by interested 

persons, and a field investigation of the 

conditions at the mine. In some 

instances, MSHA may approve a 

petition for modification on the 

condition that the mine operator 

complies with other requirements noted 

in the decision. In other instances, 

MSHA may deny, dismiss, or revoke a 

petition for modification. In accordance 

with 30 CFR 44.5, MSHA publishes 

every final action granting a petition for 

modification. 

II. Granted Petitions for Modification 

On the basis of the findings of 

MSHA’s investigation, and as designee 

of the Secretary, MSHA granted or 

partially granted the petitions for 

modification below. Since the previous 

Federal Register notice (86 FR 41519) 

included petitions granted through June 

30, 2021, listed below are petitions 

granted between July 1, 2021 and 

December 31, 2021. The granted 

petitions are shown in the order that 

MSHA received them. 

• Docket Number: M–2020–009–C. 

FR Notice: 85 FR 47404 (8/5/2020). 

Petitioner: Century Mining LLC, 200 

Chapel Brook Drive, Bridgeport, West 

Virginia 26330. 

Mine: Longview Mine, MSHA I.D. No. 

46–09447, located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2020–023–C. 

FR Notice: 85 FR 66582 (10/20/2020). 

Petitioner: Century Mining LLC, 200 

Chapel Brook Drive, Bridgeport, West 

Virginia 26330. 

Mine: Longview Mine, MSHA I.D. No. 

46–09447, located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1 (Electric equipment other than powerconnection points; outby the last open 

crosscut; return air; permissibility 

requirements.). 

• Docket Number: M–2020–025–C. 

FR Notice: 85 FR 66582 (10/20/2020). 


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