[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Notices]
[Pages 59673-59674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23852]
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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 October 29, 2012.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. 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: George F. Triebsch, 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),
[email protected] (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-2012-006-M.
Petitioner: Vulcan Construction Materials, L.P., 1 Glenlake Parkway
NE., Suite 600, Atlanta, Georgia 30328.
Mine: Manassas Quarry, MSHA I.D. No. 44-00159, located in Prince
William County, Virginia; Jack Plant, MSHA I.D. No. 44-00109, located
in Dinwiddie County, Virginia; Lawrenceville Quarry, MSHA I.D. No. 44-
00150, located in Brunswick County, Virginia; Skippers Quarry, MSHA
I.D. No. 44-00136, located in Greensville County, Virginia; Hanover
Quarry, MSHA I.D. No. 36-00015, located in Adams County, Pennsylvania;
Pacolet Quarry, MSHA I.D. 38-00004, located in Spartanburg County,
South Carolina; Enka Quarry, MSHA I.D. 31-00084, located in Buncombe
County, North Carolina; Rockingham Quarry, MSHA I.D. No. 31-00198,
located in Richmond County, North Carolina; Barin Quarry, MSHA I.D. No.
09-00072, located in Muscogee County, Georgia; and Macon Quarry, MSHA
I.D. No. 09-00015, located in Monroe County, Georgia.
Regulation Affected: 30 CFR 56.14100(b) (Safety defects;
examination, correction and records).
Modification Request: The petitioner requests a modification of the
existing standard to permit designated locomotives to be operated with
four functional track sanders. This includes two sets of sanders
located on opposite ends of each locomotive regardless of the amount of
sanders that may have been present originally or could be added. The
petitioner also requests that sand not be present in the system unless
deemed necessary for the sand to be used to assist with traction to
allow the locomotive to move. This change would serve as direct
guidance for Vulcan and MSHA in the future. This would be a great
benefit for everyone involved since there is no standard that
specifically addresses this issue in 30 CFR Part 56. This petition, if
approved, would not
[[Page 59674]]
detract from worker safety. The petitioner states that:
1. This is a complex issue and requires significant background
information and material.
2. The purpose of this petition is to obtain relief from MSHA's new
position that track sanders on a locomotive are for braking and
therefore a safety item.
3. The manufacturer's intent of the track sanders are an optional
feature designed to assist in locomotive traction when starting from a
stopped position.
4. Vulcan East Region is addressing multiple locomotives and
locations to avoid further use of time and resources for both parties
related to this topic.
5. Vulcan and the rail industry consider the track sanders as an
operational device rather than a safety item.
The petitioner further states that the safety of employees and
anyone that is exposed to their operations is of the utmost importance,
and believes that the request in this petition would not distract from
worker safety.
Docket Number: M-2012-007-M.
Petitioner: Rio Grande Mining Company, 97423 US Hwy 67, HCR67 Box
109, Marfa, Texas 79843.
Mine: Shafter Mine, MSHA I.D. No. 41-02905, located in Presidio
County, Texas.
Regulation Affected: 30 CFR 49.2(c) (Availability of mine rescue
teams).
Modification Request: The petitioner requests a modification of the
existing standard to permit a miner with three months experience as a
team member, instead of a miner with one year of experience.
Further, the petitioner states that due to the remote location of
the mine it has become burdensome to keep two certified teams with five
members and one alternate. The shortest response time for the next
closest mine rescue team is 4 hours for a team in New Mexico and 6
hours for a team in Texas. The petitioner states that surface and
underground personnel who do not have one year mining experience would
have the following general certifications:
1. DOT-First Responder, EMT, EMT-1, Paramedics.
2. Certified surface firefighters.
3. Personnel would still be trained with a Certified MSHA
Instructor within the three months.
4. With small and remote mines, three months would be an adequate
amount of time for miners (Mine Rescue Team Members) to learn the mine
and the mining methods.
The petitioner asserts that the alternative method will at all
times provide the same measure of protection as the existing standard.
Docket Number: M-2012-008-M.
Petitioner: U.S. Silica Company, 2496 Hancock Road, Berkeley
Springs, West Virginia 25411.
Mine: Berkeley Plant, MSHA I.D. No. 46-02805, located in Morgan
County, West Virginia.
Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
Modification Request: The petitioner requests a modification of the
existing standard to permit the miners to use a clothes cleaning booth
for cleaning their clothes. The petitioner proposes to incorporate the
National Institute for Occupational Safety and Health (NIOSH) Clothes
Cleaning Process and Manufacturer's Instruction Manuals into their MSHA
Part 46 Training Plan and train affected miners in the process. The
petitioner states that:
1. Miners entering the booth will examine valves and nozzles for
damage malfunction and close the door fully before opening the air
valve. Any defects will be repaired prior to the booth being used.
2. Miners entering the booth will wear eye protection; ear plugs or
muffs for hearing protection; a full-face or half-mask respirator that
meets or exceeds the minimum requirements of a N95 filter to which the
miner has been fit-tested for respiratory protection. As an
alternative, the use of a full-face respirator will meet the
requirement for both respiratory and eye protection. A sign will be
conspicuously posted requiring the use of personal protective equipment
when entering the booth.
3. Airflow through the booth will be at least 2,000 cubic feet per
minute to maintain negative pressure during use of the cleaning system,
to prevent contamination of the environment outside the booth. Airflow
will be in a downward direction to move contaminants away from the
miner's breathing zone.
4. Air pressure through the spray manifold will be limited to 30
pounds per square inch or less. A lock box with a single plant manager
controlled key will be used to prevent regulator tampering.
5. The air spray manifold will consist of schedule 80 steel pipes
that have failure pressure of 1,300 pounds per square inch, capped at
the base, and actuated by an electrically controlled ball valve at the
top.
6. Air nozzles must not exceed 30 pounds per square inch gauge.
7. The uppermost spray of the spray manifold will be located below
the booth users breathing zone. Some type of mechanical device will be
used to cover the upper air nozzles to meet the specific height of the
user.
8. Air nozzles will be guarded to eliminate the possibility of
incidental contact that could create mechanical damage to the air
nozzles during the clothes cleaning process.
9. The petitioner will conduct periodic maintenance checks of the
booth according to the recommendations contained in the Manufacturer's
Instruction Manual.
10. The air receiver tank supplying air to the manifold system will
be of sufficient volume to permit no less than 20 seconds of continuous
clothes cleaning time.
11. An appropriate hazard warning sign will be posted on the booth
that states, at a minimum, Compressed Air and Respirable Dust.
12. A pressure relief valve designed for the booth's air reservoir
will be installed.
13. The mine will exhaust dust-laden air from the booth into a
local exhaust ventilation system or duct outside the facility while
ensuring there is no re-entrainment back into the structure.
The petitioner further states that:
1. The proposed alternative method provides a direct reduction of a
miners' exposure to respirable dust, thus reducing their health risks
while providing no less a degree of safety than that provided by the
standard.
2. The proposed alternative method has been jointly developed
between Unimin Corporation and the National Institute for Occupational
Safety and Health (NIOSH) and successfully tested by the NIOSH.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Dated: September 24, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-23852 Filed 9-27-12; 8:45 am]
BILLING CODE 4510-43-P