Petitions for Modification of Application of Existing Mandatory Safety Standards, 69766-69768 [2011-29010]
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Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices
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:
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 December 9, 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
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.
emcdonald on DSK5VPTVN1PROD with NOTICES
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at (202) 693–
9447 (Voice), barron.barbara@dol.gov
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(Email), or (202) 693–9441 (Facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
(1) An alternative method of
achieving the result of such standard
exists which will at all times guarantee
no less than the same measure of
protection afforded the miners of such
mine by such standard; or
(2) That the application of such
standard to such mine will result in a
diminution of safety to the miners in
such mine. In addition, the regulations
at 30 CFR 44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Docket Number: M–2011–010–M.
Petitioner: ISP Minerals, Inc., 1101
Opal Court, Suite 315, Hagerstown,
Maryland 21740.
Mines: Annapolis Mine, MSHA I.D.
No. 23–00288, #1 Hillcrest Drive,
Annapolis, Missouri 63620, located in
Iron County, Missouri; Charmian Mine,
MSHA I.D. No. 36–03460, 1455 Old
Waynesboro Road, Blue Ridge Summit,
Pennsylvania 17214, located in Adams
County, Pennsylvania; Kremlin Mine,
MSHA I.D. No. 47–00148, 248 Kremlin
Road, Pembine, Wisconsin 54156,
located in Marinette County, Wisconsin.
Regulation Affected: 30 CFR 56.13020
(Use of compressed air).
Modification Request: The three
mines are open pit surface mines that
extract nonmetallic crushed stones. The
petitioner requests a modification of the
existing standard to permit the use of a
clothes cleaning process that uses
regulated compressed air for cleaning
miners’ dust-laden clothing. The
petitioner states that:
(1) The alternative method provides a
direct reduction of a miners’ exposure to
respirable crystalline dust, thus
reducing their health risk while
providing no less than the same
measure of protection provided by the
existing standard.
(2) The proposed alternative method
has been jointly developed with and
successfully tested by the National
Institute for Occupational Safety and
Health (NIOSH).
(3) The proposed clothes cleaning
process uses a regulated, compressed air
nozzle manifold to blow dust from a
PO 00000
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Sfmt 4703
worker’s clothing. This activity is
performed in an enclosed booth which
captures the dust and vents it directly
to the atmosphere. Since the booth is
under negative pressure, with air
moving downward away from the
worker’s breathing zone, no dust
escapes to contaminate the work
environment or other workers.
To ensure that the proposed
modification will guarantee no less than
the same measure of protection afforded
the miners under the existing standard,
the petitioner proposes to:
(1) Ensure that only miners trained in
the operation of the clothes cleaning
booth will be permitted to use the booth
to clean their clothes. Miners not
trained to use the booth will have access
to HEPA vacuum equipment to clean
their clothes.
(2) The petitioner will incorporate the
NIOSH Clothes Cleaning Process
Instruction Manual into their MSHA
Part 46 Training Plan and train affected
miners in the process.
(3) Miners entering the booth will
examine valves and nozzles for damage
or malfunction and will close the door
fully before opening the air valve. Any
defects will be repaired prior to the
booth being used.
(4) Miners entering the booth will
wear full-seal goggles for eye protection,
ear plugs or muffs for hearing
protection, and half-mask fit-tested
respirators with N–100 filters for
respiratory protection. A sign will be
conspicuously posted requiring the
above personal protective equipment
when the booth is entered.
(5) Air flow through the booth will be
sufficient to maintain negative pressure
during use of the cleaning system to
prevent contamination of the
environment outside the booth. Air flow
will be in a downward direction,
thereby moving contaminants away
from the miner’s breathing zone.
(6) Air pressure through the spray
manifold will be limited to 30 pounds
per square inch or less. (Compressed air
at up to 30 pounds per square inch is
allowed by the Occupational Safety and
Health Administration for cleaning
purposes). A lock box with a singleplant-manager controlled key will be
used to prevent regulator tampering.
(7) The air spray manifold will consist
of a 1c-inch schedule 40 steel pipe that
has a failure pressure of 1,300 pounds
per square inch, is capped at the base,
and is actuated by an electrically
controlled ball valve at the top.
(8) The air spray manifold will
contain 26 nozzles at 30 pounds per
square inch gauge.
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09NON1
emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices
(9) The uppermost spray of the spray
manifold will be located not more than
56 inches from the floor.
(10) Side deflectors will be used to
eliminate the possibility of incidental
contact with the air nozzles during the
clothes cleaning process.
(11) The petitioner will conduct
periodic maintenance checks of the
booth in accordance with the
recommendations contained in the
NIOSH Clothes Cleaning Process
Instruction Manual.
(l2) The air receiver tank supplying
air to the manifold system will be of
sufficient volume to permit no less than
20 seconds of continuous cleaning time.
(13) An appropriate hazard warning
sign will be posted on the booth to state,
at a minimum, ‘‘Compressed Air’’ and
‘‘Respirable Silica Dust’’.
(14) Minimum performance criteria
for the local exhaust ventilation system
servicing the booth will be maintained
at all times. Provisions will be
established by the Petitioner to remove
the booth from service if volumetric
airflow falls below 80 percent of original
design capacity and/or booth negative
pressure falls below 0.1 inch water
gauge.
The petitioner asserts that the
alternative method will at all times
guarantee no less than the same measure
of protection afforded the miners by the
existing standard.
Docket Number: M–2011–011–M.
Petitioner: ISP Granule Products, LLC,
1101 Opal Court, Suite 315,
Hagerstown, Maryland 21740.
Mine: Ione Mine, MSHA I.D. No. 04–
05533, 1900 Highway 104, Ione,
California 95640, located in Amador
County, California.
Regulation Affected: 30 CFR 56.13020
(Use of compressed air).
Modification Request: The mine is an
open pit surface mine that extracts
nonmetallic crushed stone. The
petitioner requests a modification of the
existing standard to permit the use of a
clothes cleaning process that uses
regulated compressed air for cleaning
miners’ dust-laden clothing. The
petitioner states that:
(1) The alternative method provides a
direct reduction of a miners’ exposure to
respirable crystalline dust, thus
reducing their health risk while
providing no less than the same
measure of protection provided by the
existing standard.
(2) The proposed alternative method
has been jointly developed with and
successfully tested by the National
Institute for Occupational Safety and
Health (NIOSH).
(3) The proposed clothes cleaning
process uses a regulated, compressed air
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18:04 Nov 08, 2011
Jkt 226001
nozzle manifold to blow dust from a
worker’s clothing. This activity is
performed in an enclosed booth which
captures the dust and vents it directly
to the atmosphere. Since the booth is
under negative pressure, with air
moving downward away from the
worker’s breathing zone, no dust
escapes to contaminate the work
environment or other workers.
To ensure that the proposed
modification will guarantee no less than
the same measure of protection afforded
the miners under the existing standard,
the petitioner proposes to:
(1) Ensure that only miners trained in
the operation of the clothes cleaning
booth will be permitted to use the booth
to clean their clothes. Miners not
trained to use the booth will have access
to HEPA vacuum equipment to clean
their clothes.
(2) The petitioner will incorporate the
NIOSH Clothes Cleaning Process
Instruction Manual into their MSHA
Part 46 Training Plan and train affected
miners in the process.
(3) Miners entering the booth will
examine valves and nozzles for damage
or malfunction and will close the door
fully before opening the air valve. Any
defects will be repaired prior to the
booth being used.
(4) Miners entering the booth will
wear full-seal goggles for eye protection,
ear plugs or muffs for hearing
protection, and half-mask fit-tested
respirators with N–100 filters for
respiratory protection. A sign will be
conspicuously posted requiring the
above personal protective equipment
when the booth is entered.
(5) Air flow through the booth will be
sufficient to maintain negative pressure
during use of the cleaning system to
prevent contamination of the
environment outside the booth. Air flow
will be in a downward direction,
thereby moving contaminants away
from the miner’s breathing zone.
(6) Air pressure through the spray
manifold will be limited to 30 pounds
per square inch or less. (Compressed air
at up to 30 pounds per square inch is
allowed by the Occupational Safety and
Health Administration for cleaning
purposes). A lock box with a single,
plant-manager-controlled key will be
used to prevent regulator tampering.
(7) The air spray manifold will consist
of a 1c-inch schedule 40 steel pipe that
has a failure pressure of 1,300 pounds
per square inch, is capped at the base,
and is actuated by an electrically
controlled ball valve at the top.
(8) The air spray manifold will
contain 26 nozzles at 30 pounds per
square inch gauge.
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
69767
(9) The uppermost spray of the spray
manifold will be located not more than
56 inches from the floor.
(10) Side deflectors will be used to
eliminate the possibility of incidental
contact with the air nozzles during the
clothes cleaning process.
(11) The petitioner will conduct
periodic maintenance checks of the
booth in accordance with the
recommendations contained in the
NIOSH Clothes Cleaning Process
Instruction Manual.
(l2) The air receiver tank supplying
air to the manifold system will be of
sufficient volume to permit no less than
20 seconds of continuous cleaning time.
(13) An appropriate hazard warning
sign will be posted on the booth to state,
at a minimum, ‘‘Compressed Air’’ and
‘‘Respirable Silica Dust’’.
(14) Minimum performance criteria
for the local exhaust ventilation system
servicing the booth will be maintained
at all times. Provisions will be
established by the Petitioner to remove
the booth from service if volumetric
airflow falls below 80 percent of original
design capacity and/or booth negative
pressure falls below 0.1 inch water
gauge.
The petitioner asserts that the
alternative method will at all times
guarantee no less than the same measure
of protection afforded the miners by the
existing standard.
Docket Number: M–2011–037–C.
Petitioner: Affinity Coal Company,
LLC, 111 Affinity Complex Road,
Sophia, West Virginia 25921.
Mine: Affinity Mine, MSHA I.D. No.
46–08878, 111 Affinity Complex Road,
Sophia, West Virginia 25921, located in
Raleigh 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
installed at belt-conveyor drives in an
underground coal mine. The petitioner
states that:
(1) As an alternative to using the
blow-off dust covers, a person trained in
the testing procedures specific to the
deluge-type water spray fire suppression
systems used at each belt drive will
once each week:
(a) Conduct a visual examination of
each of the 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.
(c) Record the results of the
examination and functional test in a
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69768
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices
book maintained on the surface. The
record will be made available to the
MSHA representative and retained at
the mine for one year.
(2) Any malfunction or clogged nozzle
detected will be corrected immediately.
(3) The procedure used to perform the
functional test will be posted at or near
each belt drive that uses a deluge-type
water spray fire suppression system.
The petitioner asserts that the
alternative method will provide at all
times a measure of protection for the
miners equal to or greater than that of
the existing standard.
Dated: November 4, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011–29010 Filed 11–8–11; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice 11–114]
NASA Advisory Council; Science
Committee Planetary Protection
Subcommittee; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, Public
Law 92–463, as amended, the National
Aeronautics and Space Administration
(NASA) announces a meeting of the
Planetary Protection Subcommittee of
the NASA Advisory Council (NAC).
This Subcommittee reports to the
Science Committee of the NAC. The
Meeting will be held for the purpose of
soliciting, from the scientific
community and other persons, scientific
and technical information relevant to
program planning.
DATES: Monday, November 28, 2011,
9:15 a.m. to 5p.m., and Tuesday,
November 29, 2011, 9:15 a.m. to 1p.m.,
Local Time.
ADDRESSES: The Kurt H. Debus
Conference Center, Juno and Jupiter
Rooms, Kennedy Space Center Visitor
Complex, SR 405, Kennedy Space
Center, FL 32899.
FOR FURTHER INFORMATION CONTACT: Ms.
Marian Norris, Science Mission
Directorate, NASA Headquarters,
Washington, DC 20546, (202) 358–4452,
fax (202) 358–4118, or
mnorris@nasa.gov.
emcdonald on DSK5VPTVN1PROD with NOTICES
SUMMARY:
The
meeting will be open to the public up
to the capacity of the room. This
meeting will also be available
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
18:04 Nov 08, 2011
Jkt 226001
telephonically and by WebEx. Any
interested person may call the USA toll
free conference call number 1–(888)
282–0433, or the USA toll and
international conference call number 1–
(517) 308–9220, pass code PPS, to
participate in this meeting by telephone.
The WebEx link is https://tinyurl.com/
3zo5v3r. The agenda for the meeting
includes the following topics:
—Mars Missions: Status and Plans.
—Technology Needs for Returning
Planetary Samples to Earth.
—Agency Planetary Protection
Integration/Coordination Activities.
It is imperative that the meeting be
held on these dates to accommodate the
scheduling priorities of the key
participants. Attendees will be
requested to sign a register. To expedite
admittance, attendees may submit their
name and affiliation by November 18,
2011, to Marian Norris via email at
mnorris@nasa.gov or by telephone at
(202) 358–4452. Attendees are requested
to park in Lot 4 or 5 at the Visitor
Complex. Do not go to the ticket booth.
Proceed directly to the Main Entrance
turnstiles, which open at 9 a.m., and
notify the gate agent at the turnstiles
that you are attending the NAC meeting.
The meeting attendees will be permitted
entry through the turnstiles and
magnetometers for the NAC meeting at
the Debus Center.
November 3, 2011.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration and Space Administration.
[FR Doc. 2011–28955 Filed 11–8–11; 8:45 am]
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NATIONAL LABOR RELATIONS
BOARD
Order Contingently Delegating
Authority to the General Counsel
AGENCY:
National Labor Relations
Board.
Authority: Sections 3, 4, 6, and 10 of the
National Labor Relations Act, 29 U.S.C. Sec.
3, 4, 6, and 10.
ACTION:
Notice.
The National Labor Relations
Board has issued an Order contingently
delegating to the General Counsel full
authority over court litigation matters
that otherwise would require Board
authorization and full authority to
certify the results of any secret ballot
election conducted under the National
Emergency provisions of the Labor
Management Relations Act, sections
206–210, 29 U.S.C. 176–180. These
SUMMARY:
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delegations shall become effective
during any time at which the Board has
fewer than three Members and shall
cease to be effective whenever the Board
has at least three Members.
DATES: This Order is effective November
3, 2011.
FOR FURTHER INFORMATION CONTACT:
Lester A. Heltzer, Executive Secretary,
National Labor Relations Board, 1099
14th Street NW., Washington, DC 20570,
(202) 273–1067 (this is not a toll-free
number), 1–(866) 315–6572 (TTY/TDD).
SUPPLEMENTARY INFORMATION: The
National Labor Relations Board
anticipates that in the near future it
may, for a temporary period, have fewer
than three Members of its full
complement of five Members.1 The
Board also recognizes that it has a
continuing responsibility to fulfill its
statutory obligations in the most
effective and efficient manner possible.
To assure that the Agency will be able
to meet its obligations to the public to
the greatest extent possible, the Board
has decided to temporarily delegate to
the General Counsel full authority on all
court litigation matters that would
otherwise require Board authorization,
and full authority to certify the results
of any secret ballot election conducted
under the National Emergency
provisions of the Labor Management
Relations Act, sections 206–210, 29
U.S.C. 176–180. This delegation shall be
effective during any time at which the
Board has fewer than three Members
and is made under the authority granted
to the Board under sections 3, 4, 6, and
10 of the National Labor Relations Act.
Accordingly, the Board delegates to
the General Counsel full and final
authority and responsibility on behalf of
the Board to initiate and prosecute
injunction proceedings under section
10(j) or section 10(e) and (f) of the Act,
contempt proceedings pertaining to the
enforcement of or compliance with any
order of the Board, and any other court
litigation that would otherwise require
Board authorization; and to institute
and conduct appeals to the Supreme
Court by writ of error or on petition for
certiorari. The Board also delegates to
the General Counsel full and final
authority and responsibility on behalf of
the Board to certify to the Attorney
General the results of any secret ballot
elections held among employees on the
question of whether they wish to accept
the final offer of settlement made by
their employer pursuant to section
209(b) of the Labor Management
1 The Board now has three Members, one of
whom, Member Becker, is in recess appointment
which will expire at the sine die adjournment of the
current session of Congress.
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]]>Agencies
[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69766-69768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29010]
[[Page 69766]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
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 December 9, 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 (Email), or (202) 693-9441 (Facsimile). [These
are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
(1) An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
(2) That the application of such standard to such mine will result
in a diminution of safety to the miners in such mine. In addition, the
regulations at 30 CFR 44.10 and 44.11 establish the requirements and
procedures for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2011-010-M.
Petitioner: ISP Minerals, Inc., 1101 Opal Court, Suite 315,
Hagerstown, Maryland 21740.
Mines: Annapolis Mine, MSHA I.D. No. 23-00288, 1 Hillcrest
Drive, Annapolis, Missouri 63620, located in Iron County, Missouri;
Charmian Mine, MSHA I.D. No. 36-03460, 1455 Old Waynesboro Road, Blue
Ridge Summit, Pennsylvania 17214, located in Adams County,
Pennsylvania; Kremlin Mine, MSHA I.D. No. 47-00148, 248 Kremlin Road,
Pembine, Wisconsin 54156, located in Marinette County, Wisconsin.
Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
Modification Request: The three mines are open pit surface mines
that extract nonmetallic crushed stones. The petitioner requests a
modification of the existing standard to permit the use of a clothes
cleaning process that uses regulated compressed air for cleaning
miners' dust-laden clothing. The petitioner states that:
(1) The alternative method provides a direct reduction of a miners'
exposure to respirable crystalline dust, thus reducing their health
risk while providing no less than the same measure of protection
provided by the existing standard.
(2) The proposed alternative method has been jointly developed with
and successfully tested by the National Institute for Occupational
Safety and Health (NIOSH).
(3) The proposed clothes cleaning process uses a regulated,
compressed air nozzle manifold to blow dust from a worker's clothing.
This activity is performed in an enclosed booth which captures the dust
and vents it directly to the atmosphere. Since the booth is under
negative pressure, with air moving downward away from the worker's
breathing zone, no dust escapes to contaminate the work environment or
other workers.
To ensure that the proposed modification will guarantee no less
than the same measure of protection afforded the miners under the
existing standard, the petitioner proposes to:
(1) Ensure that only miners trained in the operation of the clothes
cleaning booth will be permitted to use the booth to clean their
clothes. Miners not trained to use the booth will have access to HEPA
vacuum equipment to clean their clothes.
(2) The petitioner will incorporate the NIOSH Clothes Cleaning
Process Instruction Manual into their MSHA Part 46 Training Plan and
train affected miners in the process.
(3) Miners entering the booth will examine valves and nozzles for
damage or malfunction and will close the door fully before opening the
air valve. Any defects will be repaired prior to the booth being used.
(4) Miners entering the booth will wear full-seal goggles for eye
protection, ear plugs or muffs for hearing protection, and half-mask
fit-tested respirators with N-100 filters for respiratory protection. A
sign will be conspicuously posted requiring the above personal
protective equipment when the booth is entered.
(5) Air flow through the booth will be sufficient to maintain
negative pressure during use of the cleaning system to prevent
contamination of the environment outside the booth. Air flow will be in
a downward direction, thereby moving contaminants away from the miner's
breathing zone.
(6) Air pressure through the spray manifold will be limited to 30
pounds per square inch or less. (Compressed air at up to 30 pounds per
square inch is allowed by the Occupational Safety and Health
Administration for cleaning purposes). A lock box with a single-plant-
manager controlled key will be used to prevent regulator tampering.
(7) The air spray manifold will consist of a 1[frac12]-inch
schedule 40 steel pipe that has a failure pressure of 1,300 pounds per
square inch, is capped at the base, and is actuated by an electrically
controlled ball valve at the top.
(8) The air spray manifold will contain 26 nozzles at 30 pounds per
square inch gauge.
[[Page 69767]]
(9) The uppermost spray of the spray manifold will be located not
more than 56 inches from the floor.
(10) Side deflectors will be used to eliminate the possibility of
incidental contact with the air nozzles during the clothes cleaning
process.
(11) The petitioner will conduct periodic maintenance checks of the
booth in accordance with the recommendations contained in the NIOSH
Clothes Cleaning Process Instruction Manual.
(l2) The air receiver tank supplying air to the manifold system
will be of sufficient volume to permit no less than 20 seconds of
continuous cleaning time.
(13) An appropriate hazard warning sign will be posted on the booth
to state, at a minimum, ``Compressed Air'' and ``Respirable Silica
Dust''.
(14) Minimum performance criteria for the local exhaust ventilation
system servicing the booth will be maintained at all times. Provisions
will be established by the Petitioner to remove the booth from service
if volumetric airflow falls below 80 percent of original design
capacity and/or booth negative pressure falls below 0.1 inch water
gauge.
The petitioner asserts that the alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by the existing standard.
Docket Number: M-2011-011-M.
Petitioner: ISP Granule Products, LLC, 1101 Opal Court, Suite 315,
Hagerstown, Maryland 21740.
Mine: Ione Mine, MSHA I.D. No. 04-05533, 1900 Highway 104, Ione,
California 95640, located in Amador County, California.
Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
Modification Request: The mine is an open pit surface mine that
extracts nonmetallic crushed stone. The petitioner requests a
modification of the existing standard to permit the use of a clothes
cleaning process that uses regulated compressed air for cleaning
miners' dust-laden clothing. The petitioner states that:
(1) The alternative method provides a direct reduction of a miners'
exposure to respirable crystalline dust, thus reducing their health
risk while providing no less than the same measure of protection
provided by the existing standard.
(2) The proposed alternative method has been jointly developed with
and successfully tested by the National Institute for Occupational
Safety and Health (NIOSH).
(3) The proposed clothes cleaning process uses a regulated,
compressed air nozzle manifold to blow dust from a worker's clothing.
This activity is performed in an enclosed booth which captures the dust
and vents it directly to the atmosphere. Since the booth is under
negative pressure, with air moving downward away from the worker's
breathing zone, no dust escapes to contaminate the work environment or
other workers.
To ensure that the proposed modification will guarantee no less
than the same measure of protection afforded the miners under the
existing standard, the petitioner proposes to:
(1) Ensure that only miners trained in the operation of the clothes
cleaning booth will be permitted to use the booth to clean their
clothes. Miners not trained to use the booth will have access to HEPA
vacuum equipment to clean their clothes.
(2) The petitioner will incorporate the NIOSH Clothes Cleaning
Process Instruction Manual into their MSHA Part 46 Training Plan and
train affected miners in the process.
(3) Miners entering the booth will examine valves and nozzles for
damage or malfunction and will close the door fully before opening the
air valve. Any defects will be repaired prior to the booth being used.
(4) Miners entering the booth will wear full-seal goggles for eye
protection, ear plugs or muffs for hearing protection, and half-mask
fit-tested respirators with N-100 filters for respiratory protection. A
sign will be conspicuously posted requiring the above personal
protective equipment when the booth is entered.
(5) Air flow through the booth will be sufficient to maintain
negative pressure during use of the cleaning system to prevent
contamination of the environment outside the booth. Air flow will be in
a downward direction, thereby moving contaminants away from the miner's
breathing zone.
(6) Air pressure through the spray manifold will be limited to 30
pounds per square inch or less. (Compressed air at up to 30 pounds per
square inch is allowed by the Occupational Safety and Health
Administration for cleaning purposes). A lock box with a single, plant-
manager-controlled key will be used to prevent regulator tampering.
(7) The air spray manifold will consist of a 1[frac12]-inch
schedule 40 steel pipe that has a failure pressure of 1,300 pounds per
square inch, is capped at the base, and is actuated by an electrically
controlled ball valve at the top.
(8) The air spray manifold will contain 26 nozzles at 30 pounds per
square inch gauge.
(9) The uppermost spray of the spray manifold will be located not
more than 56 inches from the floor.
(10) Side deflectors will be used to eliminate the possibility of
incidental contact with the air nozzles during the clothes cleaning
process.
(11) The petitioner will conduct periodic maintenance checks of the
booth in accordance with the recommendations contained in the NIOSH
Clothes Cleaning Process Instruction Manual.
(l2) The air receiver tank supplying air to the manifold system
will be of sufficient volume to permit no less than 20 seconds of
continuous cleaning time.
(13) An appropriate hazard warning sign will be posted on the booth
to state, at a minimum, ``Compressed Air'' and ``Respirable Silica
Dust''.
(14) Minimum performance criteria for the local exhaust ventilation
system servicing the booth will be maintained at all times. Provisions
will be established by the Petitioner to remove the booth from service
if volumetric airflow falls below 80 percent of original design
capacity and/or booth negative pressure falls below 0.1 inch water
gauge.
The petitioner asserts that the alternative method will at all
times guarantee no less than the same measure of protection afforded
the miners by the existing standard.
Docket Number: M-2011-037-C.
Petitioner: Affinity Coal Company, LLC, 111 Affinity Complex Road,
Sophia, West Virginia 25921.
Mine: Affinity Mine, MSHA I.D. No. 46-08878, 111 Affinity Complex
Road, Sophia, West Virginia 25921, located in Raleigh 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 installed at belt-
conveyor drives in an underground coal mine. The petitioner states
that:
(1) As an alternative to using the blow-off dust covers, a person
trained in the testing procedures specific to the deluge-type water
spray fire suppression systems used at each belt drive will once each
week:
(a) Conduct a visual examination of each of the 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.
(c) Record the results of the examination and functional test in a
[[Page 69768]]
book maintained on the surface. The record will be made available to
the MSHA representative and retained at the mine for one year.
(2) Any malfunction or clogged nozzle detected will be corrected
immediately.
(3) The procedure used to perform the functional test will be
posted at or near each belt drive that uses a deluge-type water spray
fire suppression system.
The petitioner asserts that the alternative method will provide at
all times a measure of protection for the miners equal to or greater
than that of the existing standard.
Dated: November 4, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-29010 Filed 11-8-11; 8:45 am]
BILLING CODE 4510-43-P
