[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59301-59305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23298]
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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 31, 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-2014-027-C.
[[Page 59302]]
Petitioner: Oak Grove Resources, LLC, 8360 Taylor's Ferry Road,
Hueytown, Alabama 35023.
Mine: Oak Grove Mine, MSHA I.D. No. 01-00851, located in Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
Modification Request: The petitioner requests a modification of the
existing standard because multiple roof falls have blocked travel in
the Main North 2 left side returns at survey spad 28+92 for
approximately one crosscut, making it unsafe for mine examiners to
travel in the area. The deteriorated roof has essentially rendered the
roof falls impractical to rehabilitate. The proposed alternative method
of having a certified person take air quantity and quality measurements
at monitoring stations MS-C and MS-D at both sides of the roof falls
will provide the same measure of protection as the standard. The
petitioner proposes the following additional terms and conditions:
(1) Two monitoring stations (MS-C and MS-D) will be provided to
allow effective evaluation of airflow through the air split to
ventilate the Main North 2 left side return air courses near the
inaccessible roof falls. Monitoring station MS-C will monitor the air
inby the roof fall, and monitoring station MS-D will monitor the air
outby the roof fall.
(2) Signs showing the safe travel route to each monitoring station
will be posted in an adjacent travel entry. The monitoring stations and
routes of travel to the monitoring stations will be kept free of water
accumulations.
(3) A certified person will conduct weekly evaluations at each of
the monitoring stations. The evaluations will include the quantity and
quality of the air entering or exiting the monitoring stations. The
evaluation will also include a determination of any airflow from
adjacent entries, defined and measured as stated in paragraph 8 below.
These measurements will be made using MSHA-approved and calibrated
hand-held multi-gas detectors to check the methane and oxygen gas
concentrations, and calibrated anemometers to check airflow volume.
(4) A diagram showing the normal direction of the airflow will be
posted at the monitoring stations. The diagram will be maintained in
legible condition and any change in airflow direction will be reported
to the mine foreman for immediate investigation.
(5) A date board will be provided at each monitoring station where
the date, time, and examiner's initials will be recorded along with the
measured quantity and quality of the air. Results of the examinations,
including the condition of the accessible permanent ventilation
controls creating the air course, will be recorded in a book kept on
the surface and made accessible to all interested parties.
(6) All monitoring stations and approaches to monitoring stations
will be maintained in a safe condition at all times. The roof will be
adequately supported by roof bolts or other suitable means to prevent
deterioration of the roof in the vicinity of the stations.
(7) Methane gas or other harmful, noxious, or poisonous gases will
not be permitted to accumulate in excess of legal limits for return
air. An increase of 0.5 percent methane above the last previous methane
measurement or a 10 percent change in airflow quantity will cause an
immediate investigation of the affected area. The results of the
investigation will be immediately reported to the mine foreman.
(8) The initial airflow from adjacent air courses will be
determined during the first evaluation following implementation of this
modification. Airflow from adjacent air courses is defined as the
difference between the air quantity entering and exiting the petitioned
area, measured at the monitoring stations. A 10 percent change from the
initial airflows in the air course will cause immediate examination and
evaluation of the cause. Appropriate corrective action will then be
taken. Following corrective action, a new ``initial airflow'' will be
determined and serve as the basis for subsequent examinations.
(9) The monitoring station locations will be shown on the annually
submitted mine ventilation map. The stations will not be moved to
another location without prior approval by the District Manager (DM).
(10) Prior to implementation of this modification, all personnel
will be instructed not to travel in the petitioned area, except along
designated routes. All approaches will be fenced off or barricaded with
``DO NOT ENTER'' warning signs. Entrance into the area will be
permitted only to conduct investigations and to correct problems with
airflow detected through the monitoring process and all such work will
be done under the supervision of an authorized person. All persons who
work in the area will be instructed in the emergency evacuation
procedures and all provisions of 30 CFR 75.1502 and 30 CFR 75.383.
(11) 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 the
PDO.
(12) Use of this system would prevent exposure of miners to
unnecessary hazards, thereby increasing the measure of protection to
the miners.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection to all
miners as would be provided by the existing standard.
Docket Number: M-2014-028-C.
Petitioner: Bridger Coal Company, 1088 Nine Mile Road, Point of
Rocks, Wyoming 82942-0068.
Mine: Bridger Underground Mine, MSHA I.D. No. 48-01646, located in
Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 75.350(a) (Belt air course
ventilation).
Modification Request: The petitioner requests a modification of the
existing standard to permit the belt air course to be used as a return
air course, and for the belt entry to be used to ventilate the longwall
working section.
The petitioner states that:
(1) Due to the weak nature of the seam strata at Bridger
Underground Mine, reduced exposure to weak roof rocks and increased
stability of the ribs and gate pillars is important.
(2) A two-entry longwall development mining system reduces exposure
to the soft tertiary strata, roof falls, rib instability and other
hazards related to mining under these conditions.
(3) The two-entry system greatly reduces the number of four-way
intersections, a definite plus regarding ground control. Therefore,
developing additional entries to comply with isolation of the belt
entry from a separate return entry and diverting belt air directly into
a return air course diminishes the safety of the miners, as compared to
utilizing the belt entry as a return air course during development
mining.
(4) The use of the belt entry to aid in the ventilation of the
working section will help dilute and render harmless methane gas that
is released in the mine atmosphere during the mining cycle.
The petitioner proposes to use the following requirements for two-
entry development, longwall installation and recovery, and retreat
mining systems:
(1) An atmospheric monitoring system (AMS) for early warning fire
detection will be used throughout the two-entry system. All sensors
that are part of the AMS will be diesel-discriminating (carbon monoxide
and nitric oxide) sensors.
(2) The belt air course will be separated with permanent
ventilation
[[Page 59303]]
controls from return air courses and from other intake air courses
except as provided within this petition. The belt air course is defined
as the entry in which a belt is located and any adjacent entries not
separated from the belt entry by permanent ventilation controls,
including any entries in series with the belt entry, terminating at a
return regulator, a section loading point, or the surface.
(3) The maximum air velocity in the belt entry will be no greater
than 500 feet per minute, unless otherwise approved in the mine
ventilation plan.
(4) The air velocities will be compatible with all fire detection
systems and fire suppression systems used in the belt entry.
(5) The belt entry, the primary escapeway, and other intake entries
if used, will be equipped with AMS that is installed, operated,
examined and maintained as specified in this petition.
(6) Prior to the development of any portion of the two-entry mining
system, all miners will receive annual training in the basic operating
principles of the AMS, that will include actions required in the event
of activation of any AMS alert or alarm signal. This training will be
conducted as part of a miner's new miner training, experienced miner
training, or annual refresher training.
(7) Mantrip cars, personnel carriers, or other transportation
equipment will be maintained on or near the working section and on or
near areas where mechanized mining equipment is being installed or
removed, and will be of sufficient capacity to transport all persons
who may be in the area, and will be located within 500 feet of the
section loading point or proposed section loading point.
(8) Fire doors designed to quickly isolate the working section will
be constructed in the two entries for use in emergency situations. The
fire doors will be operable throughout the duration of the two-entry
panel. A plan for the emergency closing of the fire doors, notification
of personnel, and deenergization of electric power inby the doors, will
be included in the 30 CFR 75.1502 mine emergency evacuation and
firefighting program of instruction plan.
(9) Two separate lines or systems for voice communication will be
maintained in the two-entry mining section. Phones will be installed
every 1,000 feet within one crosscut of the location of the diesel-
discriminating sensor in the belt and intake entries. The two systems
will not be routed through the same entry. The methods of
communications will be subject to approval of the DM. In addition, the
underground personnel communication system (radio) will be used as a
communication link between the AMS operator and the designated person
on each working section, all diesel equipment operators on each panel,
and any person investigating an alert condition.
(10) Communication and tracking systems will be installed and
maintained according to the approved Emergency Response Plan (ERP), and
will be subject to approval by the DM. Each individual located inby the
mouth of the two-entry panel will carry a means of two-way
communication.
(11) In addition to the requirements of 30 CFR 75.1100-2(b), fire
hose outlets with valves every 300 feet will be installed along the
intake entry. At least 500 feet of fire hose with fittings and nozzles
suitable for connection with the outlets will be stored at each
strategic location along the intake entry. The locations will be
specified in the mine emergency evacuation and firefighting program of
instruction plan.
(12) Compressor stations and unattended portable compressors will
not be located in the two-entry panel.
The petitioner proposes to use the following additional
requirements for two-entry panel development:
(1) Diesel-discriminating sensors will be installed in the belt
conveyor entry within 25 feet inby and outby the crosscut where return
air is directed out of the belt conveyor entry.
(2) A mechanical rock-dusting machine or the discharge hose of a
mechanical rock-dusting machine will be installed in the belt conveyor
entry near the section loading point of each two-entry development
section. The mechanical rock-dusting machines will be operated
continuously when coal is being produced to render the float coal dust
inert in these entries, except when miners are performing maintenance,
inspections, or other required work in these areas.
(3) A methane monitoring system utilizing methane sensors will be
incorporated into the AMS and be installed to monitor the air in each
belt haulage entry. The sensors will be located so that the belt air is
monitored near the mouth of the development, near the tailpiece of the
belt conveyor, and at or near any secondary belt drive unit installed
in the belt haulage entry.
(4) The methane monitoring system will provide both audible and
visual signals on both the working section and at a manned location on
the surface of the mine where personnel will have two-way
communications with all working sections, and will be on duty at all
times when miners are underground in a two-entry section or when a
conveyor belt is operating in a two-entry section. The system will
initiate alarm signals when the methane level is 1.0 volume per centum.
The methane monitoring system will deenergize the belt conveyor drive
units when the methane level is 1.0 volume per centum. Upon
notification of the alarm the miners will deenergize all other
equipment located on the section.
The petitioner proposes to use the following additional
requirements for retreat mining of the panels and longwall installation
and recovery:
(1) Two separate intake air courses within each longwall panel will
be provided to each two-entry longwall. Both air courses may be located
on the same side of the panel. The air will travel in a direction from
the mouth of the panel toward the section.
(2) The average concentration of respirable dust in the belt air
course when used as an intake air course will be maintained at or below
1.0 mg/m\3\. A permanent designated area for dust measurements will be
established at a point no greater than 50 feet upwind from the most
outby open crosscut on the working section. The designated area will be
specified and approved in the ventilation plan.
(3) Unless approved by the DM, no more than 50 percent of the total
intake air delivered to the working section or to areas where
mechanized mining equipment is being installed or removed can be
supplied from the belt air course. The locations for measuring air
quantities will be approved in the mine ventilation plan.
(4) Notwithstanding the provisions of 30 CFR 75.380(g), additional
intake air may be added to the belt air course through a point feed
regulator that is not located within a two-entry panel (i.e. main belt)
to ventilate the working section(s). The location and use of any point
feed will be approved in the mine ventilation plan.
(5) During longwall retreat mining, a mechanical rock-dusting
machine or the discharge hose of a mechanical rock-dusting machine will
be installed at or near the last tailgate shield. The rock-dusting
machines will be operated continuously when coal is being produced to
render float coal dust inert in these entries except when miners are
performing maintenance, inspections, or other required work in these
areas.
(6) When a hydraulic fluid pump station for the longwall support
system is located in the two-entry system, it will be installed and
maintained as follows:
[[Page 59304]]
(a) The pumps and electrical controls will be equipped with an
automatic fire suppression system.
(b) Only MSHA-approved fire resistant hydraulic fluid of the ``high
water content group'', such as lsosynth VX 110BF2 or similar, will be
used.
(c) The pump station will be maintained within 1,500 feet of the
longwall face.
(d) In addition to the concentrate contained as part of the
hydraulic pump system, hydraulic concentrate stored in the two-entry
system will be limited to 500 gallons.
(e) A diesel-discriminating sensor will be installed between 50 and
100 feet downwind of the hydraulic pump station. The sensor will be
installed in a location that will detect carbon monoxide caused by a
fire and that will minimize the possibility of damage by mobile
equipment.
(f) Whenever the transformer supplying power to the hydraulic
pumping station is located in the intake entry, the transformer will
be:
(i) Maintained within 1,500 feet of the longwall face.
(ii) Provided with a diesel-discriminating sensor located on the
inby side of the transformer in a location that will detect carbon
monoxide caused by a fire and that will minimize the possibility of
damage by mobile equipment.
(iii) Provided with an over-temperature device that will deenergize
the pumping station when the temperature reaches 165 degrees
Fahrenheit.
(g) Each hydraulic pump will be provided with an over-temperature
device that will automatically deenergize the motor on which it is
installed. Deenergization will take place at a temperature of not more
than 210 degrees Fahrenheit. The over-temperature device will be
installed to monitor the circulating oil for the pump or on the
external pump case housing.
(h) MSHA will be informed prior to the initial startup of the
pumping system so that an inspection by MSHA can be conducted.
The petitioner proposes to use the following requirements for two-
entry development, longwall installation and recovery, and retreat
mining systems when diesel-powered equipment is operated on a two-entry
system:
(1) The following administrative controls will be used:
(a) The number and type of pieces of diesel equipment in two-entry
system will be minimized. A list of diesel equipment and their
associated air quantity requirements will be provided at the designated
surface location for use by the Atmospheric Monitoring System (AMS)
operator. A whiteboard or similar method will be used by the AMS
operator to keep a total of the air requirements of all diesel
equipment operating in the two-entry system.
(b) The AMS operator will prohibit diesel equipment from entering
the two-entry system when the total air required by all operating
diesel equipment within the two-entry system exceeds the air quantity
measure in the intake diesel roadway.
(c) The intake diesel roadway air quantity will be measured within
three crosscuts outby the section loading point and will be included in
all preshift examinations. Prior to entering or leaving a two-entry
section, all diesel equipment operators will report to the designated
AMS operator.
(2) Except ambulances used for emergencies only, all diesel powered
equipment not approved and maintained under 30 CFR Part 36 operated on
any two-entry system will include the following, maintained in
operating condition:
(a) An automatic and manually activated fire suppression system
meeting the requirements of 30 CFR 75.1911. The manual fire suppression
system will be capable of being activated from both inside and outside
the machine's cab. The manual actuator located outside the cab will be
on the side of the machine opposite the operator.
(b) An automatic engine shut down/fuel shut-off system, tied into
the activation of the fire suppression system that will be maintained
in operating condition.
(c) An automatic closing heat-activated shut-off valve on diesel
fuel lines either located between the fuel injection pump and fuel tank
if the fuel lines are constructed of steel or located as close as
practical to the fuel tank.
(d) A means to prevent the spray from ruptured diesel fuel,
hydraulic oil, or lubricating oil lines from being ignited by contact
with engine exhaust system component surfaces such as shielding,
conduit, non-absorbent insulating materials, isolating compartments,
etc.
(e) A means to maintain the surface temperature of the exhaust
system of diesel equipment below 302 degrees Fahrenheit for diesel
equipment classified as ``heavy-duty'' and that may be classified as
light-duty but capable of performing work as heavy-duty equipment under
30 CFR 75.1908(a).
(f) A sensor to monitor the temperature and provide visual warning
of an overheated cylinder head on air-cooled engines.
(3) A diesel-powered rock dust machine and diesel-powered
generator, which are not approved and maintained under Part 36 or Part
7, can be used in the two-entry system, except where permissible
equipment is required, provided no one is inby the work area.
(4) Diesel fuel will not be stored in the two-entry system and
diesel-powered equipment not approved and maintained under Part 36,
will not be refueled in the two-entry system.
(5) Diesel equipment will not be used for face haulage equipment on
the working section, but may be used on the working section for
cleanup, setup, and recovery or similar non-coal haulage purposes.
(6) If non-Part 36 diesel-equipment needs to be jump-started due to
a dead battery in any two-entry system, a methane check will be made by
a qualified person using an MSHA-approved detector prior to attaching
the jumper cables. The equipment will not be jump-started if the air
contains 1.0 volume per centum or more of methane.
(7) The operator will adopt and comply with a diesel equipment
maintenance program. The program will include the examinations and
tests specified in the manufacturer's maintenance recommendations as
they pertain to diesel carbon monoxide emissions. A record of these
examinations and tests will be maintained on the surface and made
available to all interested persons.
In addition to the terms and conditions contained in this petition,
the Atmospheric Monitoring System will be installed, operated,
examined, and maintained and training will be conducted according to
the provisions in 30 CFR 75.350, 75.351, and 75.352.
Prior to implementation of this petition, an inspection will be
conducted by MSHA to ensure that the petitioner has complied with all
of the terms and conditions of the petition. The petitioner will
provide an approved Part 48 training plan that complies with all of the
conditions specified in this petition. The following training will be
provided:
(1) Equipment operators will be trained on using the fire
suppression systems on diesel-equipment in the two-entry system.
(2) Miners will be trained on working on or maintaining the
hydraulic pumping station when the hydraulic pumping station for the
longwall supports is located in the two-entry system.
(3) Miners will be trained on emergency closing of fire doors,
permanent ventilation control devices, notification of personnel, and
[[Page 59305]]
deenergization of electric power within the longwall district.
(4) Miners will be trained on mine emergency evacuation and
firefighting program instructions, the approved SCSR storage plan, the
approved ventilation plan, and the approved emergency response plan.
The petitioner states that the terms and conditions of this
petition will not apply during the time period from completion of the
development mining of the two-entry longwall panel until the beginning
of the longwall equipment setup activities, provided that the conveyor
belt in the two-entry panel is not energized. During this time period
all other mandatory standards will apply.
The petitioner asserts that application of the existing standard
will result in a diminution of safety to the miners and 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 25, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-23298 Filed 9-30-14; 8:45 am]
BILLING CODE 4510-43-P