[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19391-19394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07764]
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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 May 8, 2014.
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: 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),
[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-2014-005-C.
Petitioner: Brody Mining, LLC, Three Gateway Center, 401 Liberty
Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
Mine: Brody Mine, No. 1, MSHA I.D. No. 46-09086, located in Boone
Greene County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment in
or inby the last open crosscut, including, but not limited to, portable
battery-operated mine transits, total station surveying equipment,
distance meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined prior to use to ensure
the equipment is being maintained in a safe operating condition. These
[[Page 19392]]
examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2014-006-C.
Petitioner: Brody Mining, LLC, Three Gateway Center, 401 Liberty
Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
Mine: Brody Mine No. 1, MSHA I.D. No. 46-09086, located in Boone
County, West Virginia.
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 an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment in
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance
meters, and data loggers. The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining, by its nature
and size and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
These examinations will include the following steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air out of the return.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2014-007-C.
Petitioner: Brody Mining, LLC, Three Gateway Center, 401 Liberty
Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
Mine: Brody Mine No. 1, MSHA I.D. No. 46-09086, located in Boone
County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of battery-powered nonpermissible surveying equipment
within 150 feet of pillar workings, including, but not limited to,
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers. The petitioner states
that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372, 75.1002(a), and 75.1200, use of the most
practical and accurate surveying equipment is necessary. To ensure the
safety of the miners in active mines and to protect
[[Page 19393]]
miners in future mines that may mine in close proximity to these same
active mines, it is necessary to determine the exact location and
extent of the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature
and size, and the complexity of mine plans, requires that accurate and
precise measurements be completed in a prompt and efficient manner. The
petitioner proposes the following as an alternative to the existing
standard:
(a) Nonpermissible electronic surveying equipment may be used. Such
nonpermissible surveying equipment includes portable battery-operated
total station surveying equipment, mine transits, distance meters, and
data loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings faces will be examined by surveying
personnel prior to use to ensure the equipment is being maintained in a
safe operating condition. These examinations will include the following
steps:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and the nonpermissible electronic equipment
withdrawn further than 150 feet from pillar workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment in areas where
methane could be present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has initially inspected the equipment and determined
that it is in compliance with all the terms and conditions in this
petition.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection as that
afforded by the existing standard.
Docket Number: M-2014-008-C.
Petitioner: Aracoma Coal Company, Inc., Three Gateway Center, 401
Liberty Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
Mine: Alma No. 1 Mine, MSHA I.D. No. 46-08801, located in Logan
County, West Virginia.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance with
the standard with respect to mining through gas wells. This petition is
limited to gas well No. DR W958. The following methods will be used
when mining through vertically drilled degasification boreholes with
horizontal laterals:
(a) The terms and conditions of this petition apply to mining with
a continuous miner:
(i) A safety barrier of 300 feet in diameter (150 feet between any
mined area and a well) will be maintained around the well until
approval to proceed with mining has been obtained from the District
Manager (DM).
(ii) Prior to mining within the safety barrier around any well that
is intended to be mined through, the mine operator will provide to the
DM a certification from a company official stating that all mandatory
procedures for cleaning out, preparing, and plugging each gas or oil
well have been completed as described by the terms and conditions of
this petition.
(b) The petitioner will use the following procedures after approval
has been granted by the DM to mine within the safety barrier, or to
mine through a plugged or replugged well.
(1) Prior to cutting-through a plugged well, notify the DM or
designee, representative of the miners, and the appropriate State
agency in sufficient time for them to have a representative present.
(2) The operator will mine through a well on a shift approved by
the DM. The operator will notify the DM and the miners' representative
in sufficient time prior to mining-through a well in order to provide
an opportunity to have representatives present.
(3) Install drivage sights at the last open crosscut near the place
to be mined to ensure intersection of the well when mining through
wells using continuous mining methods. The drivage sites will not be
more than 100 feet from the well.
(4) Firefighting equipment, roof support supplies, and ventilation
materials will be available and located at the last open crosscut on
the intake side of the entry to cut into the well; three 20 pound
CO2 fire extinguishers, 20 bags of rock dust, sufficient
fire hose to reach the working face, one hand-held methane monitor
capable of reading high percentages of methane, a multi-gas detector
carried by both the foreman and the continuous miner operator,
sufficient curtain to reach the working face, eight timbers with
headers and wedges, and two emergency plugs. Additionally, the water
line will be maintained to the belt conveyor tailpiece along with a
sufficient amount of fire hose to reach the farthest point of
penetration on the section.
(5) Check equipment for permissibility and service no earlier than
the shift prior to mining through the well. Water sprays, water
pressures, and water flow rates used for dust and spark suppression
will be examined and any deficiencies will be corrected
(6) Calibrate the methane monitors on the longwall, continuous
mining machine, or cutting machine and loading machine on the shift
prior to mining through the well.
(7) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that
mining with the continuous mining machine is within 30 feet of the well
until the well is intersected and immediately prior to mining through
it. No individual is allowed on the return side during the actual
cutting process until the mine-through has been completed and the area
examined and declared safe. All workplace examinations will be
conducted on the return side of the shearer while the shearer is idle.
(8) Keep the working place free from accumulations of coal dust and
coal spillages, and place rock dust on the roof, rib, and floor to
within 20 feet of
[[Page 19394]]
the face when mining through the well when using continuous mining
methods. Conduct rock dusting on longwall sections on the roof, rib,
and floor up to both the headgate and tailgate gob.
(9) Deenergize all equipment when the wellbore is intersected and
thoroughly examine the place and determined it safe before resuming
mining.
(10) After a well has been intersected and the working place
determined safe, continue mining inby the well at a distance sufficient
to permit adequate ventilation around the area of the well.
(11) If the casing is cut or milled at the coal seam level, the use
of torches should not be necessary. In rare instances, torches may be
used for inadequately or inaccurately cut or milled casings. No open
flame is permitted in the area until adequate ventilation has been
established around the wellbore and methane levels are less than 1.0
percent in all areas that will be exposed to flames and sparks from the
torch. Apply a thick layer of rock dust to the roof, face, floor, ribs,
and any exposed coal within 20 feet of the casing prior to any use of
torches.
(12) Locate non-sparking (brass) tools on the working section in
the event they are needed to expose and examine cased wells.
(13) No person will be permitted in the area of the cut-through
operation except those actually engaged in the mining operation,
company personnel, representative of the miners, personnel from MSHA,
and personnel from the appropriate State agency.
(14) Alert all personnel in the mine to the planned intersection of
the well prior to their going underground if the planned intersection
is to occur during their shift. Repeat this warning for all shifts
until the well has been mined through.
(15) The mine-through operation will be under the direct
supervision of a certified official. Instructions concerning the mine-
through operation will be issued only by the certified official in
charge.
(16) The responsible person required in 30 CFR 75.1501 will be
responsible for well intersection emergencies. The responsible person
should review the well intersection procedures prior to any planned
intersection.
(17) Within 30 days after this petition becomes final, the
petitioner will submit proposed revisions for its approved part 48
training plan to the DM.
(18) Within 30 days after this petition becomes final, the
petitioner will submit proposed revisions for its approved mine
emergency evacuation and firefighting plan required in 30 CFR 75.1501.
The petitioner will revise the plans to include the hazards and
evacuation procedures to be used for well intersections. All
underground miners will be trained in this revised plan within 30 days
of the DM's approval of the revised evacuation plan.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure or protection
afforded by the existing standard.
Dated: April 2, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014-07764 Filed 4-7-14; 8:45 am]
BILLING CODE 4510-43-P