[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45465-45468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18427]
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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 September 4, 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-2014-022-C.
Petitioner: Mountain Coal Company, P.O. Box 591, 5174 Highway 133,
Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner requests that a previously
granted petition for modification, Docket No. M-1999-113-C, be amended.
The petitioner proposes to add two additional road Getman graders,
model RDG-1504 serial number 7004, and model RDG-1504C serial number
6718. The maximum speed on the Getman graders will be limited to 10
miles per hour or less by blocking out gear ratios that would provide
higher speeds. Grader operators will be trained to recognize
appropriate levels of speed for different road conditions and slopes.
Grader operators will be trained to lower the moldboard (grader blade)
to provide additional stopping capability in emergencies.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. These revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
[[Page 45466]]
The petitioner asserts that the additional graders under the
existing terms and conditions of the petition for modification will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2014-023-C.
Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor 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 nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment in or inby
the last open crosscut. The petitioner states that:
(1) Nonpermissible electronic testing and diagnostic equipment to
be used includes: Laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; signal analyzer devices; ultrasonic measuring
devices; electronic component testers; and electronic tachometers.
Other testing and diagnostic equipment may be used if approved in
advance by MSHA's district office. Permissible approved voltage
measuring instruments are available and will be used when possible.
(2) All other testing and diagnostic equipment used in or inby the
last open crosscut will be permissible.
(3) All nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment used in or
inby the last open crosscut will be examined by a qualified person
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examination results will be recorded and
retained for one year and will be made available to MSHA on request.
(4) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment in or
inby the last open crosscut.
(5) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When methane is detected while the nonpermissible electronic
equipment is being used, the equipment will be deenergized immediately
and the nonpermissible electronic equipment withdrawn outby the last
open crosscut.
(6) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(7) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the section will cease. However, coal
may remain in or on the equipment to test and diagnose the equipment
under load. This change will require production to cease except during
actual testing. Accumulations of coal and combustible materials
referenced in 30 CFR 75.400 will be removed before testing begins to
provide additional safety to miners.
(8) Nonpermissible electronic testing and diagnostic equipment will
not be used to test equipment when float coal dust is in suspension.
(9) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(10) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(11) Any piece of equipment subject to this petition will be
inspected by MSHA prior to initially placing it in service underground.
(12) Cables supplying power to low-voltage test and diagnostic
equipment will only be used when permissible testing and diagnostic
equipment are unavailable.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
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.
Docket Number: M-2014-024-C.
Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor 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 nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment in return
airways. The petitioner states that:
(1) Nonpermissible electronic testing and diagnostic equipment to
be used includes: Laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; signal analyzer devices; ultrasonic measuring
devices; electronic component testers; and electronic tachometers.
Other testing and diagnostic equipment may be used if approved in
advance by MSHA's district office. Permissible approved voltage
measuring instruments are available and will be used when possible.
(2) All other testing and diagnostic equipment used in return
airways will be permissible.
(3) All nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic used in return airways
will be examined by a qualified person prior to use to ensure the
equipment is being maintained in a safe operating condition. These
examination results will be recorded and retained for one year and will
be made available to MSHA on request.
(4) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment in return
airways.
(5) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When methane is detected while the nonpermissible electronic
equipment is being used, the equipment will be deenergized immediately
and the nonpermissible electronic equipment will be withdrawn out of
return airways.
(6) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(7) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the section will cease. However, coal
may remain in or on the equipment to test and diagnose the equipment
under load. This change will require production to cease except during
actual testing. Accumulations of coal and combustible materials
referenced in 30 CFR 75.400
[[Page 45467]]
will be removed before testing begins to provide additional safety to
miners.
(8) Nonpermissible electronic testing and diagnostic equipment will
not be used to test equipment when float coal dust is in suspension.
(9) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(10) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(11) Any piece of equipment subject to this petition will be
inspected by MSHA prior to initially placing it in service underground.
(12) Cables supplying power to low-voltage test and diagnostic
equipment will only be used when permissible testing and diagnostic
equipment are unavailable.
Within 60 days after the Proposed Decision and Order becomes final,
the petitioner will submit proposed revisions for its approved 30 CFR
part 48 training plan to the District Manager. The revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method in this
will at all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2014-025-C.
Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor 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 nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment within 150
feet of pillar workings. The petitioner states that:
(1) Nonpermissible electronic testing and diagnostic equipment to
be used includes: Laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; signal analyzer devices; ultrasonic measuring
devices; electronic component testers; and electronic tachometers.
Other testing and diagnostic equipment may be used if approved in
advance by MSHA's district office. Permissible approved voltage
measuring instruments are available and will be used when possible.
(2) All other testing and diagnostic equipment used within 150 feet
of pillar workings or longwall faces will be permissible.
(3) All nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment used within
150 feet of pillar workings will be examined by a qualified person
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examination results will be recorded and
retained for one year and will be made available to MSHA on request.
(4) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment within
150 feet of pillar workings.
(5) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When methane is detected while the nonpermissible electronic
equipment is being used, the equipment will be deenergized immediately
and the nonpermissible electronic equipment will be withdrawn further
than 150 feet from pillar workings.
(6) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(7) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the section will cease. However, coal
may remain in or on the equipment to test and diagnose the equipment
under load. This change will require production to cease except during
actual testing. Accumulations of coal and combustible materials
referenced in 30 CFR 75.400 will be removed before testing begins to
provide additional safety to miners.
(8) Nonpermissible electronic testing and diagnostic equipment will
not be used to test equipment when float coal dust is in suspension.
(9) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(10) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(11) Any piece of equipment subject to this petition will be
inspected by MSHA prior to initially placing it in service underground.
(12) Cables supplying power to low-voltage test and diagnostic
equipment will only be used when permissible testing and diagnostic
equipment are unavailable. Within 60 days after the Proposed Decision
and Order becomes final, the petitioner will submit proposed revisions
for its approved 30 CFR part 48 training plan to the District Manager.
The revisions will specify initial and refresher training regarding the
terms and conditions in the Proposed Decision and Order.
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.
Docket Number: M-2014-006-M.
Petitioner: Martin Marietta Kansas City, LLC, 1099 18th Street,
Suite 2150, Denver, Colorado 80202.
Mine: Randolph Deep Mine, MSHA I.D. No. 23-02308, located in
Reynolds County, Missouri.
Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of compressed air or oxygen in
canisters, cylinders, or bottles in lieu of compressed air lines and
the use of sealed bottled water supply in lieu of waterlines in the
Randolph Deep Mine. The petitioner states that:
(1) The Randolph Mine is an underground limestone mine. The active
workings are accessed from the surface via twin declines, located
adjacent to one another and each 6750 feet long.
(2) On the current mining level, there is no surface access that
would make it feasible for air or waterlines from the surface to reach
the current mine workings.
(3) Compressed air is not in use underground except for small air
compressors in the maintenance facilities.
(4) Potable water is currently supplied via bottled water to the
underground workings. Due to the length of air and waterline required
from the mine portals (i.e., 6750 feet) and the potential of damage to
either or both lines during an emergency, the required method would not
provide adequate protection for the miners.
The petitioner proposes to:
(a) Use a refuge chamber made of steel. The refuge chamber has
inside dimensions of 8 feet wide x 19.5 feet long x 7.75 feet high for
a total of 1209
[[Page 45468]]
cubic feet of space or 156 square feet of floor space. This refuge
chamber will be located on the mining level within a 30-minute walking
distance from the working face. The refuge chamber will be equipped for
a maximum of 20 miners. This capacity exceeds the normal work crew on
any given day.
(b) Use compressed air to the following specifications:
(i) Only grade D breathing air will be supplied;
(ii) A supply of no less than 2880 liters of compressed air per day
per person for a minimum of 4 days will be provided;
(iii) Cylinders will be stored in a safe manner and in compliance
with MSHA standards 30 CFR 57.16005 and 57.16006, away from flammable
and combustible materials;
(iv) A regulator system for regulating the flow of compressed air
at a rate of 2 liters per minute per person will be provided with the
refuge chamber supplies, and an extra regulator will be kept within the
refuge chamber;
(v) Equipment designed for monitoring the oxygen and carbon dioxide
level of the ambient air in the refuge chamber will be provided with
the refuge chamber supplies;
(vi) The condition and pressure of the cylinders will be inspected
on a monthly basis;
(vii) Tools and any repair parts recommended by the manufacturer
for the compressed air system will be kept within the refuge chamber;
and
(viii) A ball valve air vent will be installed in the wall of the
refuge chamber to relieve pressure buildup from the use of the
compressed air inside the chamber.
(c) In the alternative, the refuge chamber will be equipped with a
compressed oxygen supply to the following specifications:
(i) Only medical or airline quality (United States Pharmacopeia)
oxygen will be supplied in refuge chambers;
(ii) A supply of no less than 550 liters of oxygen per day per
person for a minimum of 4 days will be provided;
(iii) Oxygen cylinders will be stored in a safe manner, in
compliance with MSHA standards 30 CFR 57.16005 and 57.16006, away from
flammable and combustible materials;
(iv) An oxygen regulator for regulating the flow of oxygen and
monitoring the reserve available will be provided with the refuge
chamber supplies, and an extra oxygen regulator will be kept within the
refuge chamber;
(v) Equipment designed for monitoring the oxygen and carbon dioxide
level of the ambient air in the refuge chamber will be provided with
the refuge chamber supplies. Oxygen levels will not exceed 23 percent
inside the refuge chamber;
(vi) The condition and pressure of the cylinders will be inspected
on a monthly basis;
(vii) Tools and any repair parts recommended by the manufacturer
for the compressed oxygen system will be kept within the refuge
chamber;
(viii) An electric-powered CO2 scrubbing system will be
included within the refuge chamber which will be provided with a 96
hour battery backup in the event of lost power. Sufficient
CO2 scrubbing cartridges will be provided for 20 miners for
up to 96 hours to maintain a carbon dioxide level below 1 percent; and
(ix) A ball valve air vent will be installed in the wall of the
refuge chamber to relieve pressure buildup from the use of the
compressed air inside the chamber.
(d) The oxygen supply and carbon dioxide will be monitored via a
hand-held mine gas meter and kept in the refuge chamber with battery
backup to ensure availability of use when required. The refuge chamber
will be provided with a hand-held mine gas meter for air monitoring and
also have a battery-powered mine telephone.
(e) Commercially purchased water will be supplied in sealed
individual portion-sized bottles in the refuge chamber. There will be a
supply of 2.5 quarts of water per day per person for four days, for a
total of 50 gallons minimum, with a shelf life of two years. The
condition and quantity of the water will be confirmed by inspection on
a monthly basis. Written instructions for conservation of water will be
provided with the refuge chamber supplies.
(f) A minimum of 2000 calories of food per person per day
sufficient for 20 miners for 96 hours will be included within the
refuge chamber.
(g) All miners affected will receive training in the operation of
the refuge chamber and will receive refresher training annually.
(h) The refuge chamber will be inspected monthly and documented by
the mine Manager or designee.
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: July 31, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-18427 Filed 8-4-14; 8:45 am]
BILLING CODE 4510-43-P