[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64625-64627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25774]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR Part 44 govern the application, processing, and 
disposition of petitions for modification. This notice is a summary of 
petitions for modification submitted to the Mine Safety and Health 
Administration (MSHA) by the parties listed below to modify the 
application of existing mandatory safety standards codified in Title 30 
of the Code of Federal Regulations.

DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations and Variances on or before December 1, 2014.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#e99393a4baa1a8c48a8684848c879d9aa98d8685c78e869f"><span class="__cf_email__" data-cfemail="0379794e504b422e606c6e6e666d777043676c6f2d646c75">[email protected]</span></a>. 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, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: Sheila McConnell, Acting Director, 
Office of Standards, Regulations and Variances. Persons delivering 
documents are required to check in at the receptionist's desk on the 
21st floor. Individuals may inspect copies of the petitions and 
comments during normal business hours at the address listed above.
    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: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
<a href="/cdn-cgi/l/email-protection#11737063637e7f3f7370637370637051757e7d3f767e67"><span class="__cf_email__" data-cfemail="c2a0a3b0b0adaceca0a3b0a0a3b0a382a6adaeeca5adb4">[email protected]</span></a> (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

 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. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2014-029-C.
    Petitioner: North American Drillers, Contractor ID: H2Q, 130 Meadow 
Ridge Road, Suite 22, Mount Morris, Pennsylvania 15349.
    Companies and Mines: Tunnel Ridge, LLC, Tunnel Ridge Mine, MSHA 
I.D. No. 46-08864, located in Ohio County, West Virginia; Mettiki Coal 
WV, LLC, Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia; ACI Tygart Valley, Leer Mine, MSHA I.D. No. 46-
09192, Taylor County, West Virginia; Monongalia County Coal Company, 
Monongalia County Mine, MSHA I.D. No. 46-01968, located in Monongalia 
County, West Virginia; Ohio County Coal Company, Ohio County Mine, MSHA 
I.D. No. 46-01436, located in Ohio County, West Virginia; Harrison 
County Coal Company, Harrison County Mine, MSHA I.D. No. 46-01318, 
located in Harrison County, West Virginia; Marshall County Coal 
Company, Marshall County Mine, MSHA I.D. No. 46-01437, located in 
Marshall County, West Virginia; Marion County Coal Company, Marion 
County Mine, MSHA I.D. No. 46-01433, located in Marion County, West 
Virginia; The Ohio Valley Coal Company, Powhatan #6 Mine, MSHA I.D. No. 
33-01159, located in Belmont County, Ohio; and Eastern Associated Coal, 
LLC, Federal #2 Mine, MSHA I.D. No. 46-01456, located in Monongalia 
County, West Virginia.
    Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480-volt, three-phase, 
alternating current submersible pumps to dewater completed ventilation 
shafts prior to the shafts being put into service at the mines 
referenced in this petition.
    The petitioner proposes the following terms and conditions:

[[Page 64626]]

    (1) The three-phase, 480-volt alternating current electric power 
circuit for the pump will be designed and installed to:
    (a) Contain either a direct or derived neutral wire, which will be 
grounded through a suitable resistor at the source transformer or power 
center and through a grounding circuit originating at the grounded side 
of the grounding resistor, that will extend along with the power 
conductors and serve as the grounding conductor for the frame of the 
pump and all associated electric equipment that may be supplied power 
from this circuit.
    (b) Contain a grounding resistor that limits the ground-fault 
current to not more than 15 amperes. The grounding resistors will be 
rated for the maximum fault current available and will be insulated 
from ground for a voltage equal to the phase-to-phase voltage of the 
system.
    (2) The 480-volt pump circuit will be provided with a suitable 
circuit interrupting device of adequate interrupting capacity, with 
devices to provide protection against under-voltage, grounded phase, 
short-circuit, and overload.
    (3) The under-voltage protection device will operate on a loss of 
voltage to prevent automatic restarting of the equipment.
    (4) The grounded phase protection device will be set not to exceed 
40 percent of the current rating of the neutral grounding resistor. The 
480-volt circuit will provide the following:
    (i) A ``look ahead'' circuit device to prevent closing the breaker 
when a phase to ground fault condition exists on the system; and
    (ii) A test circuit that will inject a test current through the 
grounded phase current transformer.
    (5) The short-circuit protection device will be set not to exceed 
the required short-circuit protection for the power cable or 75 percent 
of the minimum available phase-to-phase short-circuit current, 
whichever is less.
    (6) The circuit will include a disconnecting device located on the 
surface and installed in conjunction with the circuit breaker to 
provide a means for visual evidence that the power is disconnected from 
the pump circuits and a means to lock and tag-out the system.
    (7) The pump power system will include a fail-safe ground check 
circuit or other, no less effective, device approved by the Secretary 
that will cause the circuit breaker to open when either the ground or 
pilot wire is broken. A manually operated test switch will be provided 
to verify the operation of the ground check device. The device will be 
installed, and maintained operable, to monitor the ground continuity 
from the starter box to the pump.
    (8) The pump(s) electric control circuit(s) will be designed and 
installed so that:
    (a) The pump(s) cannot start and/or run in either the manual or the 
automatic mode if the water is below the low water probe level.
    (b) The low water probe will be positioned to maintain at least 12 
inches above the inlet of the pump and electrical connections of the 
pump motor.
    (c) The low water probe will be suitable for submersible pump 
control application.
    (d) All probe circuits will be intrinsically safe.
    (e) A motor controller will be provided and used for pump startup 
and shutdown.
    (9) The pump installation will be equipped with a water level 
indicator at the pump circuit controls such that a miner can determine 
the water level above the pump inlet and electrical connector(s).
    (10) The surface pump(s) control and power circuits will be 
examined as required by 30 CFR 77.502.
    (a) A record of the examination will be kept in accordance with 30 
CFR 77.502.
    (b) The examination will include a functional test of the grounded 
phase protective device(s) to determine proper operation. A record of 
these functional tests will be recorded in an electric equipment record 
book.
    (d) An electrical examination will be performed prior to placing 
the pump in service.
    (e) Methane checks will be made at the collar of the borehole prior 
to energizing the pump. The pump will not be energized if 1.0 percent 
or greater of methane is detected.
    (11) The power cable to the submersible pump motor will be suitable 
for this application and will have a current carrying capacity not less 
than 125 percent of the full load current of the submersible pump motor 
and an outer jacket suitable for a ``wet location''.
    (12) Splices and connections made in submersible pump cable will be 
made in a workmanlike manner and will meet the requirements of 30 CFR 
75.604. The pump installations will comply with all other applicable 30 
CFR requirements.
    (13) The District Manager will be notified prior to dewatering any 
shaft using a nonpermissible submersible pump. The required shaft plan 
will include this notification.
    (14) Within 60 days after the Proposed Decision and Order becomes 
final, the petitioner will submit proposed revisions for its approved 
part 48 training plan to the District Manager. The proposed revisions 
will specify task training for all qualified electricians who perform 
electric work and monthly electric examinations as required in 30 CFR 
77.502, refresher training regarding the alternative method outlined in 
the petition, and the terms and conditions in the Proposed Decision and 
Order. Training will include the following elements:
    (a) The hazards that could exist if the water level falls below the 
pump inlet or the electric connections of the pump motor.
    (b) The safe restart procedures that will include the miner 
determining that the water level is above the pump inlet and pump motor 
prior to attempting to manually restart the pump motor.
    (15) Procedures of 30 CFR 48.3 for approval of proposed revisions 
to already approved training plans will apply.
    The petitioner states that:
    (1) In the execution of work providing a blind drilled shaft for 
the mine operator the blind drilled shaft remains full of water and 
personnel are never required to go below the collar of the blind 
drilled shaft.
    (2) Water will be removed from the blind drilled shaft 
installations upon completion of the work and prior to the mine 
operator connecting the blind drilled shaft to the underground mine.
    (3) The blind drilled shaft is fully lined with steel casing and is 
grouted in place. This steel casing and grout seal isolate the 
completed blind drilled shaft from any coal seams, mitigating any 
possibility for methane to enter the blind drilled shaft.
    (4) The electric motor of any submersible pump is located below the 
pump intake making it impossible for the motor to ever be above the 
surface of the water.
    (5) There are no electric submersible motor/pump assemblies 
manufactured that will effectively pump water deeper than approximately 
400 feet that are permissible as required in 30 CFR 77.1914(a).
    (6) The petitioner proposes to use permissible pumps to dewater 
blind drilled shafts where depths are less than approximately 400 feet.
    (7) At depths greater than approximately 400 feet, the alternative 
method outlined in this petition is consistent with prudent engineering 
design pursuant to 30 CFR 77.1900

[[Page 64627]]

whereas it minimizes the hazards to those employed in the initial or 
subsequent development of the blind drilled shaft.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners by the existing standard.

    Docket Number: M-2014-030-C.
    Petitioner: M-Class Mining, LLC, 11351 N. Thompsonville Road, 
Macedonia, Illinois 62860.
    Mine: MC#1 Mine, MSHA I.D. No. 11-03189, located in Franklin 
County, Illinois.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible submersible deep 
well pumps in bleeder and return air courses. The petitioner proposes 
to install low-voltage alternating current submersible pumps in return 
and/or bleeder entries and sealed area of the MC#1Mine. The petitioner 
states that:
    (1) These low-voltage submersible pumps will provide a pumping 
option to the existing turbine pumps that are installed to maintain the 
bleeder and return entries from obstructions caused by water. Water 
accumulations in these airways can pose a safety hazard as they can 
affect the airflow in the active and inactive parts of the mine.
    (2) The pumps may be installed between 600 and 1,200 feet below the 
surface.
    (3) The three-phase low-voltage alternating current electric power 
circuits for the pumps will be designed and installed to:
    (a) Contain either a direct or derived neutral wire, which must be 
grounded through a suitable resistor at the source transformer or power 
center and through a grounding circuit originating at the grounded side 
of the grounding resistor, which must extend along with the power 
conductors and serve as the grounding conductor for the frame of the 
pump and all associated electric equipment that may be supplied power 
from this circuit. The borehole casing will be bonded to the system 
grounded medium.
    (b) Contain a grounding resistor that limits the ground-fault 
current to not more than 15 amperes. The grounding resistor will be 
rated for the maximum fault current available and will be insulated 
from ground for a voltage equal to the phase-to-phase voltage of the 
system.
    (c) Provide protection by a suitable circuit breaker of adequate 
interrupting capacity with devices to protect against undervoltage, 
grounded phase, short-circuit, and overload.
    (d) Contain a disconnecting device installed in conjunction with 
the circuit breaker to provide visual evidence that the power is 
disconnected.
    (e) Include a fail-safe ground check circuit or other no less 
effective device approved by the Secretary as required by 30 CFR 
75.902, that will cause the circuit breaker to open when either the 
ground or pilot wire is broken.
    (4) The pump(s) electric control circuits will be designed and 
installed so that:
    (a) The pump(s) cannot start and/or run in either the manual or the 
automatic mode if the water is below the low level indicator (probe or 
bubbler) level.
    (b) The low level (probe or bubbler) water level probe will be 
located at least three feet above the pump inlet and motor and 
electrical connections of the pump(s).
    (c) The high and low water probes must be suitable for submersible 
pump control application.
    (d) All water level probe circuits will be protected with MSHA 
approved intrinsically safe barriers.
    (e) A remote control and monitoring system may be used with the 
pump system for condition monitoring and for remote start-up and 
shutdown control of the pumps. The remote control and monitoring system 
will not allow remote reset of the pump power system when fault 
conditions (e.g., grounded phase, short circuit, or overload) exist on 
the system.
    (5) The surface pump(s) control and power circuits will be 
examined, tested, and maintained as required by 30 CFR 77.502.
    (6) Splices and connections made in submersible pump cable will be 
made in a workmanlike manner and will meet the requirements of 30 CFR 
75.604. The pump installations will comply with all other applicable 30 
CFR requirements.
    (7) Within 60 days after the Proposed Decision and Order becomes 
final, the petitioner will submit proposed revisions for its approved 
part 48 training plan to the District Manager. The proposed revisions 
will specify task training for all qualified electricians who perform 
electric work and monthly electric examinations, testing and 
maintenance as required in 30 CFR 77.502, refresher training regarding 
the alternative method outlined in the petition, and the terms and 
conditions in the Proposed Decision and Order.
    (8) The procedures of 30 CFR 48.3 for approval of proposed 
revisions to already approved training plans will apply.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners by the existing standard.

    Dated: October 24, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-25774 Filed 10-29-14; 8:45 am]
BILLING CODE 4510-43-P


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