Petitions for Modification of Application of Existing Mandatory Safety Standards, 23309-23312 [2017-10395]
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Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
that checks the coordinates of all
stations, essentially a ‘‘smart’’
instrument, comparing the known
station coordinates and angles, to
installed stations. This is an extremely
important feature that reduces or
eliminates human survey errors. For the
following reasons, this is very important
to today’s mining:
—Known location of mine works with
higher confidence level due to
accuracy of new instrument, and
ensuring boundary location with two
neighboring adjacent mines or mining
activity.
—All stations installed underground
will have immediate coordinates
established during installation, as the
instrument stores information
immediately. (At any time, known
location of all mined entries should
drilling, boreholes, etc., be required
from surface need performed, no
calculation is necessary with stations
correlated to surface locations).
—Face advancement headings are
ensured to be on-sights and the
instrument notifies operator of
inaccuracies. This eliminates the
possible convergence of two
production rooms and potential for
rib falls from a too thin rib condition.
—Eliminates the potential in our
longwall mine from an overall panel
convergence or divergence of
headgate and tailgate entries. This
eliminates the risks and dangers
associated from either removal or
addition of a shield and face conveyor
segment respectively as is the practice
in mining when this condition occurs.
—Allows for accurate location of entries
for mine construction activities such
as overcast installation, conveyor belt
installations, pipelines, doorways and
fan installations. This will improve
overall miner safety through
elimination of additional work
activities related to survey error from
additional rib slabs and widening of
entry when mined off sights.
(d) Improved accuracy of check
surveys which are routinely conducted.
This instrument is a one-second
instrument compared to a three-second
instrument in current use. Highest rated
instruments are one-half second
instruments that are not used
underground with specific uses.
The petitioner further states that
Solvay Chemicals is committed to safety
and by submitting this application
strives to apply the best technology in
day-to-day engineering activities and
adhere to the best professional practice.
Advantageous use of this state-of-the-art
surveying instrument is outlined in the
rationale above. Miner safety is greatly
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enhanced due to the inherent design of
this modern surveying equipment
which is housed in state-of-the-art
sealed and dust-proof housing, the
procedure gas tests prior to and during
use of the instrument, and the inherent
benefits of this surveying instrument.
The original equipment manufacturer
has also provided approximately
twenty-four hours of safety training,
performed on the surface and in fresh
air areas in the mine. Solvay Chemicals
petitions the Mine Safety and Health
Administration to review the best
technology and respectively request
approval of this petition, allowing use of
modern state-of-the-art surveying
instrument for day-to-day surveying at
the Solvay Chemicals Mine.
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.
required to check in at the receptionist’s
desk in Suite 4E401. 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), barron.barbara@dol.gov
(Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and Title 30 of the
Code of Federal Regulations Part 44
govern the application, processing, and
disposition of petitions for modification.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
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.
[FR Doc. 2017–10396 Filed 5–19–17; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
petitions for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the parties
listed below.
DATES: All comments on the petitions
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before June 21, 2017.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. 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, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Sheila
McConnell, Director, Office of
Standards, Regulations, and Variances.
Persons delivering documents are
SUMMARY:
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I. Background
II. Petitions for Modification
Docket Number: M–2017–007–C.
Petitioner: Canyon Fuel Company,
LLC, 597 South SR24, Salina, Utah
84654.
Mine: Sufco Mine, MSHA I.D. No. 42–
00089, located in Sevier County, Utah.
Regulation Affected: 30 CFR 75.350(a)
(Belt air course ventilation).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of the belt entry as a ventilation air
course as it pertains to the use of a twoentry system. The petitioner proposes to
conduct longwall mining using the twoentry panel barrier system as an
alternative. The petitioner states that:
(1) The use of two-entry panel barrier
longwall development mining systems
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Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices
will reduce the likelihood of coal
bumps, roof falls, and other hazards
related to mining under deep cover or
highly stressed ground conditions.
Developing with additional entries to
comply with isolation of the belt entry
from a separate return entry and
diverting belt air directly into the return
air course diminishes the safety of
miners as compared to utilizing the belt
entry as a return air course during
development mining provided that
appropriate atmospheric monitoring and
early warning fire detection and other
precautions are utilized.
(2) The proposed alternate method to
use the belt entry as an intake air course
to ventilate the longwall face during
retreat mining will at all times guarantee
no less than the same measure of
protection afforded by the standard.
(3) An independent study was
conducted by Agapito Associates, Inc.,
titled ‘‘Pillar Design Analysis for the
lower Hiawatha Seam, Sufco Mine’’ (see
Appendix A). The study determined the
effects of longwall mining under deep
cover at the Sufco mine using a panel
barrier design. Results of the study
indicate that by using a yielding pillar
of 30 feet (rib-to-rib), it would minimize
the occurrence of bumps, irrespective of
the overburden depth.
(4) Due to the documented hazards
associated with mining in this coal seam
and the neighboring coal seams in deep
cover, the application of 30 CFR
75.350(a) at the Sufco mine will result
in a diminution of safety to the miners
and the terms and conditions set out
below will at all times guarantee no less
than the same measure of protection
afforded the miners by the standard.
(5) The petitioner proposed the
following details as to how the
alternative will be carried out:
A. Two-entry development will be
permitted where the overburden in the
affected area exceeds 1,900 feet in
depth.
B. Additional entries may be
developed when needed for bleeder
entries as approved by the District
Manager (DM) in the Mine Ventilation
and Roof Control Plans.
C. Requirements Applicable to TwoEntry Development, Longwall
Installation and Recovery, and Retreat
Mining Systems:
—An atmospheric monitoring system
(AMS) for early warning fire detection
will be utilized throughout the twoentry system. All sensors throughout
the two-entry system that are part of
the AMS will be diesel-discriminating
(carbon monoxide and nitric oxide)
sensors.
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—All ventilation devices outby the
loading point within the two-entry
system will be permanent.
—The air velocity in the belt entry will
be in compliance with 30 CFR 75.350,
and will be compatible with all fire
detection systems and fire
suppression systems used in the belt
entry.
—The belt entry, primary escapeway,
and other intake entry or entries if
used, will be equipped with an AMS
that is installed, operated, examined,
and maintained as specified within
this Petition.
—All miners will be trained annually in
the basic operating principles of the
AMS, including the actions required
in the event of activation of any AMS
alert or alarm signal. This training
will also be conducted prior to the
beginning of the two-entry mining
system. This training will be
conducted as part of a miner’s Part 48
new miner training (30 CFR 48.5),
experienced miner training (30 CFR
48.6), or annual refresher training (30
CFR 48.8), and annually thereafter.
—Mantrip vehicles will be maintained
on or near the working section and on
or near areas where mechanized
mining equipment is being installed
or removed and be of sufficient
capacity to transport all persons who
may be in the area, and located within
600 feet of the section loading point.
—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 maintained operable
throughout the duration of the twoentry panel. A plan for the emergency
closing of these fire doors, notification
of personnel, and de-energization of
electric power inby the doors will be
included in the 30 CFR 75.1502 mine
emergency evacuation and firefighting
program of instruction plan.
—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.
—In addition to the requirements of 30
CFR 75.1100–2(b), firehose outlets
with valves every 300 feet will be
installed along the intake entry. At
least 500 feet of firehose 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 30 CFR 75.1502 mine
emergency evacuation and firefighting
program of instruction plan.
—Compressor stations and unattended
portable compressors will not be
located in the two-entry panel.
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Portable compressors can be used as
long as they are attended while
running.
D. Requirements Applicable to the
Development of Two-Entry Panels:
—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.
—A means of rock-dusting will be
installed in the belt conveyor entry
near the section loading point of each
two-entry development section. Rock
dust will be continuously used when
coal is being produced to render inert
the float coal dust in these entries,
except when miners are performing
maintenance, inspections, or other
required work in these areas.
—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.
—The methane monitoring system will
be capable of providing both audible
and visual signals on both the
working section and at a manned
location on the surface of the mine
where personnel 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 twoentry section. This trained person at
the surface will have two-way
communication with all working
sections. The system will initiate
alarm signals when the methane level
is 1.0 volume per centum. The
methane monitoring system will be
designed and installed to de-energize
the belt conveyor drive units when
the methane level is 1.0 volume per
centum. Upon notification of the
alarm, miners will de-energize all
other equipment located on the
section.
E. Requirements Applicable to Retreat
Mining of the Panels and Longwall
Installation and Recovery:
—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; however,
the air will travel in a direction from
the mouth of the panel toward the
section.
—The average concentration of
respirable dust in the belt air course,
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when used as intake air course, will
be maintained at or below 0.5 mg/m3.
A permanent designated area (DA) 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 DA will be specified and
approved in the ventilation plan.
—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.
—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,
to ventilate the working section(s).
The location and use of any point feed
will be approved in the mine
ventilation plan.
—During longwall retreat mining, a
means of rock-dusting will be
installed at or near the last tailgate
shield. Rock-dust will be
continuously used when coal is being
produced to render inert float coal
dust in these entries. Exceptions to
continuous operation of the rockdusting units will be when miners are
performing maintenance, inspections,
or other required work in these areas.
—When the hydraulic fluid pump
station for the longwall support
system is located in the two-entry
system, it will be installed and
maintained as follows:
(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 Isosynth
VX 110BF2 or similar, will be used.
(c) The pump station will be
maintained to 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 minimize the
possibility of damage to it by mobile
equipment and that will not interfere
with its detection of carbon monoxide
caused by a fire.
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(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 dieseldiscriminating sensor that is located on
the inby side of the transformer in a
location that will minimize the
possibility of damage to it by mobile
equipment and that will not interfere
with its detection of carbon monoxide
caused by a fire.
(iii) Provided with an overtemperature device that will de-energize
the pumping station when the
temperature reached 165 degrees
Fahrenheit.
—Each hydraulic pump will be
provided with an over-temperature
device that automatically de-energizes
the motor on which it is installed. Deenergization will take place at a
temperature of not more than 210
degrees Fahrenheit. The overtemperature device will be installed
to monitor the circulating oil for the
pump or the external pump case
housing.
—MSHA will be informed prior to the
initial startup of the pumping system
so MSHA can conduct an inspection.
F. Applicable to Two-Entry
Development, Longwall Installation and
Recovery, and Retreat Mining Systems
when Diesel-Powered Equipment is
Operated on a Two-Entry System:
—Except for 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:
(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 engine.
Both of these systems will be
maintained in operating condition.
(b) An automatic engine shut down/
fuel shut-off system, tied into the
activation of the fire suppression system
will be maintained in operating
condition.
(c) An automatic closing, heatactivated shut-off valve will be
maintained in operating condition, 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.
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(d) A means, maintained in operating
condition, 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, or non-absorbent insulating
materials.
(e) A means, maintained in operating
condition, to maintain the surface
temperature of the exhaust system of
diesel equipment below 302 degrees
Fahrenheit for diesel equipment
classified a ‘‘heavy-duty’’ under 30 CFR
75.1908(a). Road graders are considered
heavy-duty under 30 CFR 75.1908(a).
(f) A sensor to monitor the
temperature and provide visual warning
of an overheated cylinder head on aircooled engines.
—The following types of diesel-powered
equipment, which are not approved
and maintained under 30 CFR parts
36 or 7, can be used in the two-entry
system, except where permissible
equipment is required, provided no
one is in by the work area:
(a) Diesel-powered rock dust machine;
(b) diesel-powered generator; and
(c) diesel-powered road grader.
—Diesel fuel will not be stored in the
two-entry system. Diesel-powered
equipment not approved and
maintained under Part 36 will not be
refueled in the two-entry system.
—If non-Part 36 diesel-powered
equipment needs to be jump-started
due to a dead battery in any two-entry
system, a methane check by a
qualified person using an MSHAapproved detector will be made prior
to attaching jumper cables. The
equipment will not be jump-started if
air contains 1.0 percent or more of
methane.
—A diesel equipment maintenance
program will be adopted and
complied with by the operator. The
program will include the
examinations and tests specified in
the manufacturers’ maintenance
recommendations as they pertain to
diesel-powered equipment carbon
monoxide emissions. A record of
these examinations and tests will be
maintained on the surface and made
available to all interested persons.
G. Atmospheric Monitoring System
(AMS):
—In addition to the terms and
conditions contained in this petition,
the AMS will be installed, operated,
examined and maintained, and
training of AMS operators conducted
in accordance with the provisions
contained in 30 CFR 75.350, 75.351,
and 75.352.
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H. Implementation and Training
Requirements:
—The petitioner proposes that the terms
and conditions of this petition will
not be implemented until after
approval has been granted by the DM.
—Prior to implementing the PDO, Sufco
will have an approved Part 48 training
plan that complies with all conditions
specified by the PDO.
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 standard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2017–10395 Filed 5–19–17; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2010–0048]
Standard on Powered Platforms for
Building Maintenance; Extension of
the Office of Management and
Budget’s (OMB) Approval of
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning its proposal to
extend OMB approval of the
information collection requirements
specified in its Standard on Powered
Platforms for Building Maintenance.
DATES: Comments must be submitted
(postmarked, sent, or received) by July
21, 2017.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Facsimile: If your comments,
including attachments, are not longer
than 10 pages, you may fax them to the
OSHA Docket Office at (202) 693–1648.
Mail, hand delivery, express mail,
messenger, or courier service: When
using this method, you must submit a
copy of your comments and attachments
to the OSHA Docket Office, OSHA
Docket No. OSHA–2010–0048,
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SUMMARY:
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Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–3653, 200 Constitution
Avenue NW., Washington, DC 20210.
Deliveries (hand, express mail,
messenger, and courier service) are
accepted during the Department of
Labor’s and Docket Office’s normal
business hours, 10:00 a.m. to 3:00 p.m.,
e.t.
Instructions: All submissions must
include the Agency name and OSHA
docket number for the Information
Collection Request (ICR) (OSHA–2010–
0048). All comments, including any
personal information you provide, are
placed in the public docket without
change, and may be made available
online at https://www.regulations.gov.
For further information on submitting
comments see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
Docket: To read or download
comments or other material in the
docket, go to https://www.regulations.gov
or the OSHA Docket Office at the
address above. All documents in the
docket (including this Federal Register
notice) are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
You may also contact Theda Kenney at
the address below to obtain a copy of
the ICR.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Todd Owen,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor, Room
N–3609, 200 Constitution Avenue NW.,
Washington, DC 20210; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of its
continuing effort to reduce paperwork
and respondent (i.e., employer) burden,
conducts a preclearance consultation
program to provide the public with an
opportunity to comment on proposed
and continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3506(c)(2)(A)). This program
ensures that information is in the
desired format, reporting burden (time
and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
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1970 (the OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection
by employers as necessary or
appropriate for enforcement of the OSH
Act or for developing information
regarding the causes and prevention of
occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act
also requires that OSHA obtain such
information with minimum burden
upon employers, especially those
operating small businesses, and to
reduce to the maximum extent feasible
unnecessary duplication of efforts in
obtaining information (29 U.S.C. 657).
Paragraph (e)(9) of the Standard
requires that employers develop and
implement a written emergency action
plan for each type of powered platform
operation. The plan must explain the
emergency procedures that workers are
to follow if they encounter a disruption
of the power supply, equipment failure,
or other emergency. Prior to operating a
powered platform, employers must train
workers on the importance of alarm
systems and emergency escape routes,
and emergency procedures that pertain
to the building on which they will be
working. Employers should review with
each worker those parts of the
emergency action plan that the worker
must know to ensure their protection
during an emergency; these reviews
must occur when the worker receives an
initial assignment involving a powered
platform operation and after the
employer revises the emergency action
plan.
According to paragraph (f)(5)(i)(C),
employers must affix a load rating plate
in a prominent location on each
suspended unit. The load rating plate
should state the unit’s weight and its
rated load capacity. Paragraph
(f)(5)(ii)(N) requires employers to mount
each emergency electric operating
device in a secured compartment and
label the device with instructions for its
use. After installing a suspension wire
rope, paragraphs (f)(7)(vi) and (f)(7)(vii)
mandate that employers attach a
corrosion-resistant tag with specified
information to one of the wire rope
fastenings if the rope is to remain at one
location. In addition, paragraph
(f)(7)(viii) requires employers who
resocket a wire rope to either stamp
specified information on the original tag
or put that information on a
supplemental tag and attach it to the
fastening.
Paragraphs (g)(2)(i) and (g)(2)(ii)
require that building owners have a
competent person annually: Inspect the
supporting structures of their buildings;
inspect and, if necessary, test the
components of the powered platforms,
including control systems; inspect/test
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[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23309-23312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10395]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
SUMMARY: This notice is a summary of petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before June 21, 2017.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: zzMSHA-comments@dol.gov. 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, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director,
Office of Standards, Regulations, and Variances. Persons delivering
documents are required to check in at the receptionist's desk in Suite
4E401. 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),
barron.barbara@dol.gov (Email), or 202-693-9441 (Facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
Part 44 govern the application, processing, and disposition of
petitions for modification.
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-2017-007-C.
Petitioner: Canyon Fuel Company, LLC, 597 South SR24, Salina, Utah
84654.
Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County,
Utah.
Regulation Affected: 30 CFR 75.350(a) (Belt air course
ventilation).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of the belt entry as a ventilation air course as it
pertains to the use of a two-entry system. The petitioner proposes to
conduct longwall mining using the two-entry panel barrier system as an
alternative. The petitioner states that:
(1) The use of two-entry panel barrier longwall development mining
systems
[[Page 23310]]
will reduce the likelihood of coal bumps, roof falls, and other hazards
related to mining under deep cover or highly stressed ground
conditions. Developing with additional entries to comply with isolation
of the belt entry from a separate return entry and diverting belt air
directly into the return air course diminishes the safety of miners as
compared to utilizing the belt entry as a return air course during
development mining provided that appropriate atmospheric monitoring and
early warning fire detection and other precautions are utilized.
(2) The proposed alternate method to use the belt entry as an
intake air course to ventilate the longwall face during retreat mining
will at all times guarantee no less than the same measure of protection
afforded by the standard.
(3) An independent study was conducted by Agapito Associates, Inc.,
titled ``Pillar Design Analysis for the lower Hiawatha Seam, Sufco
Mine'' (see Appendix A). The study determined the effects of longwall
mining under deep cover at the Sufco mine using a panel barrier design.
Results of the study indicate that by using a yielding pillar of 30
feet (rib-to-rib), it would minimize the occurrence of bumps,
irrespective of the overburden depth.
(4) Due to the documented hazards associated with mining in this
coal seam and the neighboring coal seams in deep cover, the application
of 30 CFR 75.350(a) at the Sufco mine will result in a diminution of
safety to the miners and the terms and conditions set out below will at
all times guarantee no less than the same measure of protection
afforded the miners by the standard.
(5) The petitioner proposed the following details as to how the
alternative will be carried out:
A. Two-entry development will be permitted where the overburden in
the affected area exceeds 1,900 feet in depth.
B. Additional entries may be developed when needed for bleeder
entries as approved by the District Manager (DM) in the Mine
Ventilation and Roof Control Plans.
C. Requirements Applicable to Two-Entry Development, Longwall
Installation and Recovery, and Retreat Mining Systems:
--An atmospheric monitoring system (AMS) for early warning fire
detection will be utilized throughout the two-entry system. All sensors
throughout the two-entry system that are part of the AMS will be
diesel-discriminating (carbon monoxide and nitric oxide) sensors.
--All ventilation devices outby the loading point within the two-entry
system will be permanent.
--The air velocity in the belt entry will be in compliance with 30 CFR
75.350, and will be compatible with all fire detection systems and fire
suppression systems used in the belt entry.
--The belt entry, primary escapeway, and other intake entry or entries
if used, will be equipped with an AMS that is installed, operated,
examined, and maintained as specified within this Petition.
--All miners will be trained annually in the basic operating principles
of the AMS, including the actions required in the event of activation
of any AMS alert or alarm signal. This training will also be conducted
prior to the beginning of the two-entry mining system. This training
will be conducted as part of a miner's Part 48 new miner training (30
CFR 48.5), experienced miner training (30 CFR 48.6), or annual
refresher training (30 CFR 48.8), and annually thereafter.
--Mantrip vehicles will be maintained on or near the working section
and on or near areas where mechanized mining equipment is being
installed or removed and be of sufficient capacity to transport all
persons who may be in the area, and located within 600 feet of the
section loading point.
--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 maintained operable throughout the duration of the
two-entry panel. A plan for the emergency closing of these fire doors,
notification of personnel, and de-energization of electric power inby
the doors will be included in the 30 CFR 75.1502 mine emergency
evacuation and firefighting program of instruction plan.
--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.
--In addition to the requirements of 30 CFR 75.1100-2(b), firehose
outlets with valves every 300 feet will be installed along the intake
entry. At least 500 feet of firehose 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
30 CFR 75.1502 mine emergency evacuation and firefighting program of
instruction plan.
--Compressor stations and unattended portable compressors will not be
located in the two-entry panel. Portable compressors can be used as
long as they are attended while running.
D. Requirements Applicable to the Development of Two-Entry Panels:
--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.
--A means of rock-dusting will be installed in the belt conveyor entry
near the section loading point of each two-entry development section.
Rock dust will be continuously used when coal is being produced to
render inert the float coal dust in these entries, except when miners
are performing maintenance, inspections, or other required work in
these areas.
--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.
--The methane monitoring system will be capable of providing both
audible and visual signals on both the working section and at a manned
location on the surface of the mine where personnel 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. This trained person
at the surface will have two-way communication with all working
sections. The system will initiate alarm signals when the methane level
is 1.0 volume per centum. The methane monitoring system will be
designed and installed to de-energize the belt conveyor drive units
when the methane level is 1.0 volume per centum. Upon notification of
the alarm, miners will de-energize all other equipment located on the
section.
E. Requirements Applicable to Retreat Mining of the Panels and
Longwall Installation and Recovery:
--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; however, the air will travel in a direction
from the mouth of the panel toward the section.
--The average concentration of respirable dust in the belt air course,
[[Page 23311]]
when used as intake air course, will be maintained at or below 0.5 mg/
m3. A permanent designated area (DA) 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 DA will be specified
and approved in the ventilation plan.
--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.
--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, to ventilate the working
section(s). The location and use of any point feed will be approved in
the mine ventilation plan.
--During longwall retreat mining, a means of rock-dusting will be
installed at or near the last tailgate shield. Rock-dust will be
continuously used when coal is being produced to render inert float
coal dust in these entries. Exceptions to continuous operation of the
rock-dusting units will be when miners are performing maintenance,
inspections, or other required work in these areas.
--When the hydraulic fluid pump station for the longwall support system
is located in the two-entry system, it will be installed and maintained
as follows:
(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 Isosynth VX 110BF2 or similar, will be
used.
(c) The pump station will be maintained to 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 minimize the possibility of damage to
it by mobile equipment and that will not interfere with its detection
of carbon monoxide caused by a fire.
(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 that is located
on the inby side of the transformer in a location that will minimize
the possibility of damage to it by mobile equipment and that will not
interfere with its detection of carbon monoxide caused by a fire.
(iii) Provided with an over-temperature device that will de-
energize the pumping station when the temperature reached 165 degrees
Fahrenheit.
--Each hydraulic pump will be provided with an over-temperature device
that automatically de-energizes the motor on which it is installed. De-
energization 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 the external pump case
housing.
--MSHA will be informed prior to the initial startup of the pumping
system so MSHA can conduct an inspection.
F. Applicable to Two-Entry Development, Longwall Installation and
Recovery, and Retreat Mining Systems when Diesel-Powered Equipment is
Operated on a Two-Entry System:
--Except for 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:
(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 engine. Both of these systems
will be maintained in operating condition.
(b) An automatic engine shut down/fuel shut-off system, tied into
the activation of the fire suppression system will be maintained in
operating condition.
(c) An automatic closing, heat-activated shut-off valve will be
maintained in operating condition, 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, maintained in operating condition, 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, or non-absorbent
insulating materials.
(e) A means, maintained in operating condition, to maintain the
surface temperature of the exhaust system of diesel equipment below 302
degrees Fahrenheit for diesel equipment classified a ``heavy-duty''
under 30 CFR 75.1908(a). Road graders are considered heavy-duty 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.
--The following types of diesel-powered equipment, which are not
approved and maintained under 30 CFR parts 36 or 7, can be used in the
two-entry system, except where permissible equipment is required,
provided no one is in by the work area:
(a) Diesel-powered rock dust machine;
(b) diesel-powered generator; and
(c) diesel-powered road grader.
--Diesel fuel will not be stored in the two-entry system. Diesel-
powered equipment not approved and maintained under Part 36 will not be
refueled in the two-entry system.
--If non-Part 36 diesel-powered equipment needs to be jump-started due
to a dead battery in any two-entry system, a methane check by a
qualified person using an MSHA-approved detector will be made prior to
attaching jumper cables. The equipment will not be jump-started if air
contains 1.0 percent or more of methane.
--A diesel equipment maintenance program will be adopted and complied
with by the operator. The program will include the examinations and
tests specified in the manufacturers' maintenance recommendations as
they pertain to diesel-powered equipment carbon monoxide emissions. A
record of these examinations and tests will be maintained on the
surface and made available to all interested persons.
G. Atmospheric Monitoring System (AMS):
--In addition to the terms and conditions contained in this petition,
the AMS will be installed, operated, examined and maintained, and
training of AMS operators conducted in accordance with the provisions
contained in 30 CFR 75.350, 75.351, and 75.352.
[[Page 23312]]
H. Implementation and Training Requirements:
--The petitioner proposes that the terms and conditions of this
petition will not be implemented until after approval has been granted
by the DM.
--Prior to implementing the PDO, Sufco will have an approved Part 48
training plan that complies with all conditions specified by the PDO.
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 standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-10395 Filed 5-19-17; 8:45 am]
BILLING CODE 4520-43-P
