Petitions for Modification of Application of Existing Mandatory Safety Standards, 59742-59745 [2011-24727]
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59742
Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices
accomplished without collection of the
data.
The reports and manual covered by
this request are integral parts of the
LAUS program insofar as they insure
and measure the timeliness, quality,
consistency, and adherence to program
directions of the LAUS estimates and
related research.
II. Current Action
Office of Management and Budget
clearance is being sought for an
extension of the information collection
request that makes up the LAUS
program. All aspects of the information
collection are conducted electronically.
All data are entered directly into BLSprovided systems.
The BLS, as part of its responsibility
to develop concepts and methods by
which States prepare estimates under
the LAUS program, developed a manual
for use by the States. The manual
explains the conceptual framework for
the State and area estimates of
employment and unemployment,
specifies the procedures to be used,
provides input information, and
discusses the theoretical and empirical
basis for each procedure. This manual is
updated on a regular schedule. The
LAUS program implemented a major
program redesign in January 2005. The
Redesign was announced in the Federal
Register on November 8, 2004.
III. Desired Focus of Comments
The Bureau of Labor Statistics is
particularly interested in comments
that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility.
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
Total respondents
LAUS
LAUS
LAUS
LAUS
Frequency
including the validity of the
methodology and assumptions used.
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
Type of Review: Extension without
change of a currently approved
collection.
Agency: Bureau of Labor Statistics.
Title: Local Area Unemployment
Statistics (LAUS) Program.
OMB Number: 1220–0017.
Affected Public: State governments.
Total
responses
Average
time
per response
(hours)
Estimated
total
burden
(hours)
3040 .........
8 ...............
15 .............
16 .............
52 respondents with 7320 reporting units ......................
52 ....................................................................................
6 ......................................................................................
52 ....................................................................................
13
11
1
1
95,160
572
6
52
1.5
1
2
1
142,740
572
12
52
Totals ...........
.........................................................................................
........................
95,790
........................
143,376
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $0.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they also
will become a matter of public record.
Signed at Washington, DC, this 21st day of
September 2011.
Kimberley Hill,
Chief, Division of Management Systems,
Bureau of Labor Statistics.
[FR Doc. 2011–24719 Filed 9–26–11; 8:45 am]
BILLING CODE 4510–24–P
DEPARTMENT OF LABOR
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Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
AGENCY:
ACTION:
Notice.
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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 27, 2011.
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: MSHA, Office of
Standards, Regulations and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939,
Attention: Roslyn B. Fontaine, Acting
SUMMARY:
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Director, Office of Standards,
Regulations and Variances.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: Roslyn B. Fontaine,
Acting Director, Office of Standards,
Regulations and Variances.
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.
Individuals who submit comments by
hand-delivery 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.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(E-mail), or 202–693–9441 (Facsimile).
[These are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices
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 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.
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II. Petitions for Modification
Docket Number: M–2011–007–M.
Petitioner: Riverside Cement Co.,
19409 National Trail Highway, Oro
Grande, California 92368.
Mine: Oro Grande Quarry, MSHA
Mine I.D. No. 04–00011, located in San
Bernardino County, California.
Regulation Affected: 30 CFR 56.6131
(Location of explosive material storage
facilities).
Modification Request: The petitioner
requests a modification of the existing
standard to enable uncharged cardox
safety heaters to be stored in the Type
2 magazine located on the plant’s
preheater tower. The petitioner operates
a cement plant that manufactures
cement by introducing crushed
limestone to a calcining process that
consists of a kiln and a preheater
system. The petitioner states that:
(1) The heater recaptures kiln gases to
preheat the crushed limestone, which is
fed through a series of cone shaped
vessels before the material enters the
kiln where it is fired to approximately
2,200 degrees Fahrenheit.
(2) This material can clog within the
system, as happens with silos and other
temporary containers of large volumes
of crushed material.
(3) A principal technology for
unclogging vessels involves the use of a
product referred to as a cardox safety
heater.
(4) Although the Bureau of Alcohol,
Tobacco and Firearms (ATF) classifies
cardox safety heaters as ‘‘low
explosives’’ that are only required to be
stored in Type 4 magazines, MSHA does
not have a similar exception for this
new technology. MSHA requires that
the cardox safety heaters be maintained
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with the high explosives in the Type 1
magazine located in the quarry.
(5) Consistent with the Department of
Transportation classification of 1.4S, the
cardox safety heater is considered a
‘‘non-mass-detonating product’’ that can
be shipped in a normal shipping
package with no special precautions.
Cardox safety heaters are hand delivered
to the Oro Grande cement plant by a
United Parcel Service (UPS) person.
(6) Prior to August 2009, upon
receiving a package containing cardox
safety heaters, the package would be
immediately taken to the type 2
magazine located on the sixth floor of
the preheater tower where it is used to
deal with plugs within the preheater
system.
(7) Since August 2009, in consultation
with MSHA, the following procedures
are used:
(a) When the storeroom personnel
receive the cardox safety heaters from
the UPS delivery person, they notify
production personnel.
(b) The production personnel
transport the heaters to the quarry
magazine.
(c) When a blockage of material
occurs in the preheater tower, the
production supervisor drives to the
quarry magazine, retrieves the cardox
safety heater, and transports the heater
to the Type 2 magazine located on the
sixth floor of the preheater tower.
(d) The Type 2 magazine can only be
used as a day box, so any unused cardox
safety heaters must be returned to the
quarry magazine at the end of the day.
(e) Depending on plug conditions, this
transportation process can be repeated
multiple times in the same day, or
during any given week.
(f) Along with the additional transport
exposure, the reopening and closing of
the cardox safety heater ports increases
the opportunity for preheater tower
personnel to be exposed to open ports
and hot material.
(8) Extra handling and transportation
also increases the opportunity for
damage to the generators, which if not
detected could result in misfires.
(9) The current standard requires
unnecessary risk of increased exposure
to ‘‘explosives,’’ to hot material, and to
the potential for misfires that will result
in a substantial diminution of safety.
The petitioner proposes the following
method to minimize the hazard to
miners who transport cardox safety
heaters from the magazine building to
the preheater tower, personnel along the
route, and the miners working on the
preheater tower:
(1) Safely store cardox safety heaters
in a Type 2 magazine. Type 2 magazines
are designed to store high grade
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59743
explosives that are more dangerous than
a cardox safety heater, classified by ATF
as a low explosive.
(2) Provide greater protection than the
ATF requires because the Type 2 metal
indoor magazine includes an inner
lining of non-sparking material, a door
equipped with two tamper proof locks
that are independently keyed, and
hinges and legs that are properly
grounded.
(3) Store the Type 2 magazine inside
a locked, well-ventilated, and grounded
metal building on the sixth floor of the
preheater, which is 266 feet above
ground.
(4) Although a miner must charge the
cardox safety heater before it poses a
risk of danger to other miners, once it
is charged, this risk is less than most
explosives. Cardox safety heaters are
low grade explosives that use CO 2, a gas
that is commonly found in fire
extinguishers.
The petitioner states that the
proposed cardox safety heater storage
procedures set out in this petition
constitute a fully appropriate, effective,
and safe method for achieving the level
of safety provided by the existing
standard. Persons may review a
complete description of petitioner’s
alternative method and procedures at
the MSHA address listed in this
petition. The petitioner asserts that the
alternative method would enhance the
safety of miners on mine property by
ensuring that forces generated by a
storage facility explosion would not
create a hazard to miners.
Docket Number: M–2011–028–C.
Petitioner: West Virginia Mine Power,
Inc., P.O. Box 574, Rupert, West
Virginia 25984–0574.
Mine: Mountaineer Pocahontas Mine
No. 1, MSHA I.D. No. 46–09172, located
in Greenbrier County, West Virginia.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray system).
Modification Request: The petitioner
requests a modification of the existing
standard to eliminate the use of blowoff dust covers for the spray nozzles of
a deluge-type water spray system. As an
alternative to using the blow-off dust
covers, the petitioner proposes to:
(1) Once each week, have a person
trained in the testing procedures
specific to the deluge-type water spray
fire suppression systems used at each
belt drive:
(a) Conduct a visual examination of
each deluge-type water spray fire
suppression system;
(b) Conduct a functional test of the
deluge-type water spray fire suppression
system by actuating the system and
watching its performance; and
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(c) Record the result of the
examination and functional test in a
book maintained on the surface. The
record will be made available to the
authorized representative of the
Secretary and retained at the mine for
one year.
(2) Any malfunction or clogged nozzle
detected as a result of the weekly
examination or functional test will be
corrected immediately.
(3) The procedure used to perform the
functional test will be posted at or near
each belt drive that utilizes a delugetype water spray fire suppression
system.
The petitioner states that mining is in
the Pocahontas No. 6 coal seam, where
the seam height averages 42’’ to 48’’,
and the conveyor belt is installed
adjacent to the track and contained in
the same entry with an overall mining
height approximately 54’’. The
petitioner asserts that the proposed
alternative method will provide a
measure of protection equal to or greater
than that of the existing standard.
Docket Numbers: M–2011–029–C.
Petitioner: West Virginia Mine Power,
Inc., P.O. Box 574, Rupert, West
Virginia 25984–0574.
Mine: Mountaineer Pocahontas Mine
No. 3, MSHA I.D. No. 46–09210, located
in Greenbrier County, West Virginia.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray system).
Modification Request: The petitioner
requests a modification of the existing
standard to eliminate the use of blowoff dust covers for the spray nozzles of
a deluge-type water spray system. As an
alternative to using the blow-off dust
covers, the petitioner proposes to:
(1) Once each week, have a person
trained in the testing procedures
specific to the deluge-type water spray
fire suppression systems used at each
belt drive:
(a) Conduct a visual examination of
each deluge-type water spray fire
suppression systems;
(b) Conduct a functional test of the
deluge-type water spray fire suppression
systems by actuating the system and
watching its performance; and
(c) Record the result of the
examination and functional test in a
book maintained on the surface. The
record will be made available to the
authorized representative of the
Secretary and retained at the mine for
one year.
(2) Any malfunction or clogged nozzle
detected as a result of the weekly
examination or functional test will be
corrected immediately.
(3) The procedure used to perform the
functional test will be posted at or near
each belt drive that utilizes a deluge-
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type water spray fire suppression
system.
The petitioner states that mining is in
the Beckley coal seam, where the seam
height averages 44’’ to 50’’, and the
conveyor belt is installed adjacent to the
roadway with ventilation directed from
the section to the outside. The petitioner
asserts that the proposed alternative
method will provide a measure of
protection equal to or greater than that
of the existing standard.
Docket Number: M–2011–030–C.
Petitioner: Utah American Energy,
Inc., P.O. Box 910, East Carbon, Utah
84520.
Mine: Lila Canyon Mine, MSHA I.D.
No. 42–02241, located in Emery 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 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) Application of the existing
standard results in a diminution of
safety to the miners. The two-entry
longwall development mining system
reduces the likelihood of coal bumps,
roof falls, and other hazards related to
mining seams under deep cover up to
3,000 feet, rugged topography, or highly
stressed ground conditions. Therefore,
developing with 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. The use of the belt
entry to aid in the ventilation of the
working section will help in diluting
and rendering harmless methane gas
that is released in the mine atmosphere
during the mining cycle.
(2) An atmospheric monitoring system
(AMS) incorporating dieseldiscriminating (carbon monoxide and
nitric oxide) sensors for early fire
warning detection will be installed in
the primary (intake) escapeway and belt
entry. These AMS systems will be
installed, operated, examined, and
maintained as required by the
application of 30 CFR 75.351.
(3) Actions taken in response to the
AMS malfunction and alert or alarm
signal will be in compliance with 30
CFR 75.352.
(4) Wireless tracking and
communication systems will be used in
the two-entry system as outlined in the
Emergency Response Plan.
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(5) An (AMS) for early warning fire
detection will be used throughout the
two-entry system. All sensors that are
part of the AMS will be dieseldiscriminating (carbon monoxide and
nitric oxide) sensors.
(6) The belt air course will be
separated with permanent ventilation
controls from return air courses and
from other intake air courses except as
provided with this petition. The belt air
course is defined as the entry in which
a belt is located and any adjacent entry
or 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.
(7) 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.
(8) Air velocities will be compatible
with all fire detection systems and fire
suppression systems used in the belt
entry.
(9) The belt entry, the primary
escapeway, and other intake entry or
entries used will be equipped with an
AMS that is installed, operated,
examined, and maintained as specified
within this petition.
(10) 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 be conducted
prior to the development of any portion
of the two-entry mining system, as part
of a miner’s Part 48 new miner training,
experienced miner training, or annual
refresher training.
(11) The AMS will activate an alarm
signal if the total concentration of
uncorrected carbon monoxide measured
by any sensor exceeds or is equal to 50
parts per million (ppm). This
concentration will represent all the
carbon monoxide present in the sensor’s
atmosphere, including carbon monoxide
from diesel engines.
(12) 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, be of sufficient
capacity to transport all persons who
may be in the area, and will be located
within 300 feet of the section loading
point or proposed section loading point.
(13) 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
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Federal Register / Vol. 76, No. 187 / Tuesday, September 27, 2011 / Notices
plan for the emergency closing of these
fire doors, notification of personnel, and
deenergization of electric power inby
the doors will be included in the mine
emergency evacuation and firefighting
program of instruction plan.
(14) Two separate lines or systems for
voice communication will be
maintained in the two-entry mining
section. Mine pager phones will be
installed every 1,000 feet within one
crosscut of the location of the dieseldiscriminating sensor in the belt and
intake entries. The two systems will not
be routed through the same entry.
(15) An approved wireless and
tracking communication system will be
used as a communication link between
the AMS operator, the designated
person on each working section, all
diesel equipment operators in each
active two-entry panel gate roads, and
any person investigating an alert
condition. Methods of personnel
tracking and communications will be
subject to approval of the District
Manager.
(16) In addition to self-contained selfrescuers (SCSRs) specified in the Lila
Canyon Emergency Response Plan, at
least one SCSR will be available for each
person on the working section at all
times and will be carried into the
section and carried on the section, or
stored on the section while advancing
the two-entry development.
(17) During longwall retreat mining,
in addition to SCSRs specified in the
Lila Canyon Emergency Response Plan,
at least two SCSRs will be available for
each regularly assigned person on the
working section. One will be stored near
the face in the headgate entries at a
readily accessible location and one will
be stored near the tailgate entries.
(18) 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.
(19) Compressor stations and
unattended portable compressors will
not be located in the two-entry panel.
(20) The details for the fire detection
system and methane monitoring system,
including the type of monitor and
specific sensor location on the mine
map, will be included in the ventilation
plan required by 30 CFR 75.370. The
District Manager may require additional
diesel-discriminating sensors, carbon
monoxide sensors, or methane sensors
to be installed as part of the ventilation
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plan to ensure the safety of the miners
in any part of the two-entry system.
(21) Lifelines that meet the
requirements of 30 CFR 75.380 will be
provided in the primary and secondary
escapeways during two-entry
development, longwall setup, recovery,
and longwall retreat mining.
(22) The AMS will activate an alarm
signal if the total concentration of
uncorrected carbon monoxide measured
by any sensor exceeds or is equal to 50
ppm. This concentration will represent
all the carbon monoxide present in the
sensor’s atmosphere, including carbon
monoxide from diesel engines.
The petitioner states that prior to
implementation of this petition, all
affected personnel will complete
training on the following:
(1) The fire suppression systems used
on diesel equipment used in the twoentry system;
(2) Precautions for working around
the hydraulic pumping station when the
hydraulic pumping station for the
longwall supports is located in the twoentry system;
(3) All conditions specified by this
petition;
(4) Procedures for emergency closing
of fire doors and permanent ventilation
control devices, notification of
personnel, and deenergization of
electric power within the longwall
district; and
(5) Conditions specified in the
approved ventilation plan.
The petitioner further states that the
terms and conditions of the 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
set-up activities, provided the conveyor
belt in the two-entry panel is not
energized. During this time period, all
other mandatory standards will apply.
Persons may review a complete
description of petitioner’s alternative
method and procedures at the MSHA
address listed in this petition. The
petitioner asserts that the proposed
alternative method will always
guarantee the miners affected no less
protection than is provided by the
standard and application of the standard
will result in a diminution of safety to
the miners.
Dated: September 21, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011–24727 Filed 9–26–11; 8:45 am]
BILLING CODE 4510–43–P
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59745
NATIONAL TRANSPORTATION
SAFETY BOARD
Sunshine Act Meeting
9:30 a.m., Wednesday,
October 12, 2011.
PLACE: NTSB Conference Center, 429
L’Enfant Plaza, SW., Washington, DC
20594.
STATUS: The One item is open to the
public.
MATTER TO BE CONSIDERED:
8345 International Investigations:
Global Collaboration with Domestic
Impact.
NEWS MEDIA CONTACT: Telephone: (202)
314–6100.
The press and public may enter the
NTSB Conference Center one hour prior
to the meeting for set up and seating.
Individuals requesting specific
accommodations should contact
Rochelle Hall at (202) 314–6305 by
Friday, October 7, 2011.
The public may view the meeting via
a live or archived webcast by accessing
a link under ‘‘News & Events’’ on the
NTSB home page at https://
www.ntsb.gov.
FOR MORE INFORMATION CONTACT: andi
Bing, (202) 314–6403 or by e-mail at
bingc@ntsb.gov.
TIME AND DATE:
Dated: Friday, September 23, 2011.
Candi R. Bing,
Federal Register Liaison Officer.
[FR Doc. 2011–24992 Filed 9–23–11; 4:15 pm]
BILLING CODE 7533–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–338 and 50–339]
Virginia Electric and Power Company;
North Anna Power Station, Unit Nos. 1
and 2; Exemption
1.0 Background
Virginia Electric Power Company
(VEPCO, the licensee) is the holder of
Facility Operating License Nos. NPF–4
and NPF–7, which authorize operation
of the North Anna Power Station, Unit
Nos. 1 and 2 (North Anna) respectively.
The license provides, among other
things, that the facility is subject to all
rules, regulations, and orders of the U.S.
Nuclear Regulatory Commission (NRC
or the Commission) now or hereafter in
effect. The facility consists of two
pressurized water reactors located in
Louisa County, Virginia.
2.0 Request/Action
Title 10 of the Code of Federal
Regulations (10 CFR) part 26, ‘‘Fitness
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]]>Agencies
[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59742-59745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24727]
-----------------------------------------------------------------------
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: 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 27, 2011.
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: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Roslyn B. Fontaine, Acting Director, Office of
Standards, Regulations and Variances.
4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia
22209-3939, Attention: Roslyn B. Fontaine, Acting Director, Office of
Standards, Regulations and Variances.
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. Individuals
who submit comments by hand-delivery 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.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
barron.barbara@dol.gov (E-mail), or 202-693-9441 (Facsimile). [These
are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
[[Page 59743]]
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 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-2011-007-M.
Petitioner: Riverside Cement Co., 19409 National Trail Highway, Oro
Grande, California 92368.
Mine: Oro Grande Quarry, MSHA Mine I.D. No. 04-00011, located in
San Bernardino County, California.
Regulation Affected: 30 CFR 56.6131 (Location of explosive material
storage facilities).
Modification Request: The petitioner requests a modification of the
existing standard to enable uncharged cardox safety heaters to be
stored in the Type 2 magazine located on the plant's preheater tower.
The petitioner operates a cement plant that manufactures cement by
introducing crushed limestone to a calcining process that consists of a
kiln and a preheater system. The petitioner states that:
(1) The heater recaptures kiln gases to preheat the crushed
limestone, which is fed through a series of cone shaped vessels before
the material enters the kiln where it is fired to approximately 2,200
degrees Fahrenheit.
(2) This material can clog within the system, as happens with silos
and other temporary containers of large volumes of crushed material.
(3) A principal technology for unclogging vessels involves the use
of a product referred to as a cardox safety heater.
(4) Although the Bureau of Alcohol, Tobacco and Firearms (ATF)
classifies cardox safety heaters as ``low explosives'' that are only
required to be stored in Type 4 magazines, MSHA does not have a similar
exception for this new technology. MSHA requires that the cardox safety
heaters be maintained with the high explosives in the Type 1 magazine
located in the quarry.
(5) Consistent with the Department of Transportation classification
of 1.4S, the cardox safety heater is considered a ``non-mass-detonating
product'' that can be shipped in a normal shipping package with no
special precautions. Cardox safety heaters are hand delivered to the
Oro Grande cement plant by a United Parcel Service (UPS) person.
(6) Prior to August 2009, upon receiving a package containing
cardox safety heaters, the package would be immediately taken to the
type 2 magazine located on the sixth floor of the preheater tower where
it is used to deal with plugs within the preheater system.
(7) Since August 2009, in consultation with MSHA, the following
procedures are used:
(a) When the storeroom personnel receive the cardox safety heaters
from the UPS delivery person, they notify production personnel.
(b) The production personnel transport the heaters to the quarry
magazine.
(c) When a blockage of material occurs in the preheater tower, the
production supervisor drives to the quarry magazine, retrieves the
cardox safety heater, and transports the heater to the Type 2 magazine
located on the sixth floor of the preheater tower.
(d) The Type 2 magazine can only be used as a day box, so any
unused cardox safety heaters must be returned to the quarry magazine at
the end of the day.
(e) Depending on plug conditions, this transportation process can
be repeated multiple times in the same day, or during any given week.
(f) Along with the additional transport exposure, the reopening and
closing of the cardox safety heater ports increases the opportunity for
preheater tower personnel to be exposed to open ports and hot material.
(8) Extra handling and transportation also increases the
opportunity for damage to the generators, which if not detected could
result in misfires.
(9) The current standard requires unnecessary risk of increased
exposure to ``explosives,'' to hot material, and to the potential for
misfires that will result in a substantial diminution of safety.
The petitioner proposes the following method to minimize the hazard
to miners who transport cardox safety heaters from the magazine
building to the preheater tower, personnel along the route, and the
miners working on the preheater tower:
(1) Safely store cardox safety heaters in a Type 2 magazine. Type 2
magazines are designed to store high grade explosives that are more
dangerous than a cardox safety heater, classified by ATF as a low
explosive.
(2) Provide greater protection than the ATF requires because the
Type 2 metal indoor magazine includes an inner lining of non-sparking
material, a door equipped with two tamper proof locks that are
independently keyed, and hinges and legs that are properly grounded.
(3) Store the Type 2 magazine inside a locked, well-ventilated, and
grounded metal building on the sixth floor of the preheater, which is
266 feet above ground.
(4) Although a miner must charge the cardox safety heater before it
poses a risk of danger to other miners, once it is charged, this risk
is less than most explosives. Cardox safety heaters are low grade
explosives that use CO \2\, a gas that is commonly found in fire
extinguishers.
The petitioner states that the proposed cardox safety heater
storage procedures set out in this petition constitute a fully
appropriate, effective, and safe method for achieving the level of
safety provided by the existing standard. Persons may review a complete
description of petitioner's alternative method and procedures at the
MSHA address listed in this petition. The petitioner asserts that the
alternative method would enhance the safety of miners on mine property
by ensuring that forces generated by a storage facility explosion would
not create a hazard to miners.
Docket Number: M-2011-028-C.
Petitioner: West Virginia Mine Power, Inc., P.O. Box 574, Rupert,
West Virginia 25984-0574.
Mine: Mountaineer Pocahontas Mine No. 1, MSHA I.D. No. 46-09172,
located in Greenbrier County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
system).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of blow-off dust covers for the
spray nozzles of a deluge-type water spray system. As an alternative to
using the blow-off dust covers, the petitioner proposes to:
(1) Once each week, have a person trained in the testing procedures
specific to the deluge-type water spray fire suppression systems used
at each belt drive:
(a) Conduct a visual examination of each deluge-type water spray
fire suppression system;
(b) Conduct a functional test of the deluge-type water spray fire
suppression system by actuating the system and watching its
performance; and
[[Page 59744]]
(c) Record the result of the examination and functional test in a
book maintained on the surface. The record will be made available to
the authorized representative of the Secretary and retained at the mine
for one year.
(2) Any malfunction or clogged nozzle detected as a result of the
weekly examination or functional test will be corrected immediately.
(3) The procedure used to perform the functional test will be
posted at or near each belt drive that utilizes a deluge-type water
spray fire suppression system.
The petitioner states that mining is in the Pocahontas No. 6 coal
seam, where the seam height averages 42'' to 48'', and the conveyor
belt is installed adjacent to the track and contained in the same entry
with an overall mining height approximately 54''. The petitioner
asserts that the proposed alternative method will provide a measure of
protection equal to or greater than that of the existing standard.
Docket Numbers: M-2011-029-C.
Petitioner: West Virginia Mine Power, Inc., P.O. Box 574, Rupert,
West Virginia 25984-0574.
Mine: Mountaineer Pocahontas Mine No. 3, MSHA I.D. No. 46-09210,
located in Greenbrier County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
system).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of blow-off dust covers for the
spray nozzles of a deluge-type water spray system. As an alternative to
using the blow-off dust covers, the petitioner proposes to:
(1) Once each week, have a person trained in the testing procedures
specific to the deluge-type water spray fire suppression systems used
at each belt drive:
(a) Conduct a visual examination of each deluge-type water spray
fire suppression systems;
(b) Conduct a functional test of the deluge-type water spray fire
suppression systems by actuating the system and watching its
performance; and
(c) Record the result of the examination and functional test in a
book maintained on the surface. The record will be made available to
the authorized representative of the Secretary and retained at the mine
for one year.
(2) Any malfunction or clogged nozzle detected as a result of the
weekly examination or functional test will be corrected immediately.
(3) The procedure used to perform the functional test will be
posted at or near each belt drive that utilizes a deluge-type water
spray fire suppression system.
The petitioner states that mining is in the Beckley coal seam,
where the seam height averages 44'' to 50'', and the conveyor belt is
installed adjacent to the roadway with ventilation directed from the
section to the outside. The petitioner asserts that the proposed
alternative method will provide a measure of protection equal to or
greater than that of the existing standard.
Docket Number: M-2011-030-C.
Petitioner: Utah American Energy, Inc., P.O. Box 910, East Carbon,
Utah 84520.
Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Emery
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 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) Application of the existing standard results in a diminution of
safety to the miners. The two-entry longwall development mining system
reduces the likelihood of coal bumps, roof falls, and other hazards
related to mining seams under deep cover up to 3,000 feet, rugged
topography, or highly stressed ground conditions. Therefore, developing
with 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. The
use of the belt entry to aid in the ventilation of the working section
will help in diluting and rendering harmless methane gas that is
released in the mine atmosphere during the mining cycle.
(2) An atmospheric monitoring system (AMS) incorporating diesel-
discriminating (carbon monoxide and nitric oxide) sensors for early
fire warning detection will be installed in the primary (intake)
escapeway and belt entry. These AMS systems will be installed,
operated, examined, and maintained as required by the application of 30
CFR 75.351.
(3) Actions taken in response to the AMS malfunction and alert or
alarm signal will be in compliance with 30 CFR 75.352.
(4) Wireless tracking and communication systems will be used in the
two-entry system as outlined in the Emergency Response Plan.
(5) An (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.
(6) The belt air course will be separated with permanent
ventilation controls from return air courses and from other intake air
courses except as provided with this petition. The belt air course is
defined as the entry in which a belt is located and any adjacent entry
or 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.
(7) 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.
(8) Air velocities will be compatible with all fire detection
systems and fire suppression systems used in the belt entry.
(9) The belt entry, the primary escapeway, and other intake entry
or entries used will be equipped with an AMS that is installed,
operated, examined, and maintained as specified within this petition.
(10) 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 be
conducted prior to the development of any portion of the two-entry
mining system, as part of a miner's Part 48 new miner training,
experienced miner training, or annual refresher training.
(11) The AMS will activate an alarm signal if the total
concentration of uncorrected carbon monoxide measured by any sensor
exceeds or is equal to 50 parts per million (ppm). This concentration
will represent all the carbon monoxide present in the sensor's
atmosphere, including carbon monoxide from diesel engines.
(12) 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, be of sufficient capacity to transport all persons who may be
in the area, and will be located within 300 feet of the section loading
point or proposed section loading point.
(13) 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
[[Page 59745]]
plan for the emergency closing of these fire doors, notification of
personnel, and deenergization of electric power inby the doors will be
included in the mine emergency evacuation and firefighting program of
instruction plan.
(14) Two separate lines or systems for voice communication will be
maintained in the two-entry mining section. Mine pager 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.
(15) An approved wireless and tracking communication system will be
used as a communication link between the AMS operator, the designated
person on each working section, all diesel equipment operators in each
active two-entry panel gate roads, and any person investigating an
alert condition. Methods of personnel tracking and communications will
be subject to approval of the District Manager.
(16) In addition to self-contained self-rescuers (SCSRs) specified
in the Lila Canyon Emergency Response Plan, at least one SCSR will be
available for each person on the working section at all times and will
be carried into the section and carried on the section, or stored on
the section while advancing the two-entry development.
(17) During longwall retreat mining, in addition to SCSRs specified
in the Lila Canyon Emergency Response Plan, at least two SCSRs will be
available for each regularly assigned person on the working section.
One will be stored near the face in the headgate entries at a readily
accessible location and one will be stored near the tailgate entries.
(18) 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.
(19) Compressor stations and unattended portable compressors will
not be located in the two-entry panel.
(20) The details for the fire detection system and methane
monitoring system, including the type of monitor and specific sensor
location on the mine map, will be included in the ventilation plan
required by 30 CFR 75.370. The District Manager may require additional
diesel-discriminating sensors, carbon monoxide sensors, or methane
sensors to be installed as part of the ventilation plan to ensure the
safety of the miners in any part of the two-entry system.
(21) Lifelines that meet the requirements of 30 CFR 75.380 will be
provided in the primary and secondary escapeways during two-entry
development, longwall setup, recovery, and longwall retreat mining.
(22) The AMS will activate an alarm signal if the total
concentration of uncorrected carbon monoxide measured by any sensor
exceeds or is equal to 50 ppm. This concentration will represent all
the carbon monoxide present in the sensor's atmosphere, including
carbon monoxide from diesel engines.
The petitioner states that prior to implementation of this
petition, all affected personnel will complete training on the
following:
(1) The fire suppression systems used on diesel equipment used in
the two-entry system;
(2) Precautions for working around the hydraulic pumping station
when the hydraulic pumping station for the longwall supports is located
in the two-entry system;
(3) All conditions specified by this petition;
(4) Procedures for emergency closing of fire doors and permanent
ventilation control devices, notification of personnel, and
deenergization of electric power within the longwall district; and
(5) Conditions specified in the approved ventilation plan.
The petitioner further states that the terms and conditions of the
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 set-up activities, provided the conveyor belt
in the two-entry panel is not energized. During this time period, all
other mandatory standards will apply.
Persons may review a complete description of petitioner's
alternative method and procedures at the MSHA address listed in this
petition. The petitioner asserts that the proposed alternative method
will always guarantee the miners affected no less protection than is
provided by the standard and application of the standard will result in
a diminution of safety to the miners.
Dated: September 21, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-24727 Filed 9-26-11; 8:45 am]
BILLING CODE 4510-43-P
