[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28844-28845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10114]


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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 June 10, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0022 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0022.
    2. Fax: 202-693-9441.
    3. Email: <a href="/cdn-cgi/l/email-protection#7d0d180914091412131e1210101813090e3d191211531a120b"><span class="__cf_email__" data-cfemail="f48491809d809d9b9a979b9999919a8087b4909b98da939b82">[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#8ddde8f9e4f9e4e2e3feebe2ffe0e2e9e4ebe4eeecf9e4e2e3cde9e2e1a3eae2fb"><span class="__cf_email__" data-cfemail="174772637e637e7879647178657a78737e717e7476637e78795773787b39707861">[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-2022-007-C.
    Petitioner: Century Mining, LLC, 200 Chapel Brook Drive, 
Bridgeport, West Virginia, 26330.
    Mine: Longview Mine, MSHA ID No. 46-09447 located in Barbour 
County, West Virginia.
    Regulation Affected: 30 CFR 75.802(c), Protection of high-voltage 
circuits extending underground.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.802(c) to permit the use of visible disconnect switches in the 
resistance-grounded substation at the surface area of the underground 
mine, approximately 1,100 feet from a vertical bore hole.
    The petitioner states that:
    (a) The mine is currently under construction.
    (b) The mine will utilize the room and pillar and longwall mining 
methods to extract coal and will employ approximately 375 coal miners.
    The petitioner proposes the following alternative method:
    (a) Use the solid blade disconnect switches (hook switches) to 
disconnect the high voltage circuits entering the underground mine. The 
solid blade disconnect switches are located in the resistance-grounded 
substation on the surface area of the underground mine--approximately 
1,100 feet from the surface bore hole.
    (b) Use a continuous, fully insulated, mine power feeder cable 
extending from the resistance grounded substation, down the bore hole, 
and into the underground mine workings. The mine power feeder cable is 
hung on insulated hangers and supported on extra high strength 
messenger cable on the surface between wooden power poles. The 
continuous nature of this cable eliminates additional connections at 
the surface bore hole where there will be increased risks of voltage 
tracking, connection failures, and exposure to lightning.
    (c) Leave the mine power feeder cable connected to lightning 
arrestors in the resistance-grounded substation, even when the visible 
disconnect switches (hook switches) in the station are open.
    (d) Install an underground switch house in the mine, within 50 feet 
of the underground bore hole where the mine power feeder enters the 
mine. The switch house provides the mine personnel a load break vacuum 
circuit breaker (VCB), visible disconnect, grounding switch, and lock 
out station in-mine. This arrangement eliminates the need for a miner 
to travel to the surface to remove power while doing in-mine power 
work.
    (e) The switch house has a high voltage VCB with an integral 
visible disconnect and an output grounding switch. The visible 
disconnect is interlocked with the VCB to ensure the VCB removes the 
load before the visible disconnect is opened. A lockout means is 
provided at the switch house for the

[[Page 28845]]

outgoing high voltage circuit. To complete work on the inby power 
system, the switch house will be utilized to disconnect and ground the 
inby circuits.
    (f) The switch house has protective relaying for overcurrent, short 
circuit, and grounded phase protection. A high voltage ground monitor 
is provided in the switch house to monitor the inby high voltage 
circuit. A test circuit for secondary current injection is provided so 
mine personnel can complete required protective relay testing, helping 
to ensure proper operation of the inby high voltage circuits.
    (g) 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.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-10114 Filed 5-10-22; 8:45 am]
BILLING CODE 4520-43-P


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