Petitions for Modification of Application of Existing Mandatory Safety Standards, 4835-4837 [2012-1989]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4835-4837]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1989]


-----------------------------------------------------------------------

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 March 1, 2012.

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. 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.
    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:

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-2011-012-M.
    Petitioner: Celite Corporation, 2500 Miguelito Road, Lompoc, 
California 93436.
    Mine: Lompoc Plant, MSHA I.D. No. 04-02848, 2500 Miguelito Road, 
Lompoc, California 93436, located in Santa Barbara County, California.
    Regulation Affected: 30 CFR 56.20001 (Intoxicating beverages and 
narcotics). Modification Request: The petitioner requests a 
modification of the existing standard to permit alcohol slow-fermented 
from starch, bearing an alcohol content of less than 10 percent alcohol 
by volume (ABV), commonly called ``beer,'' to be used at the Lompoc 
Plant for chemical testing that is part of product quality control and 
research. The petitioner proposes to store containers of beer at the 
Lompoc Plant in secure locations with restricted access, and use logs, 
records, and markings to ensure the beer will be used solely for 
purposes of quality control testing, statistical method control 
testing, and research testing. The petitioner states that:
    (1) It does not seek a modification of any other part of the 
standard.
    (2) The consumption of any intoxicating beverages and narcotics, 
including beer, will be prohibited and persons under the influence of 
alcohol or narcotics will not be permitted on site.
    (3) The Lompoc Mine is a surface diatomaceous earth (DE) mine and 
processing facility. Mined DE is processed to create finished DE 
products (the marketable products).
    (4) One of the commercial applications of the marketable products 
is a filtration agent utilized during the brewing process for beer. The 
marketable products are integrated onto a fine mesh screen, with other 
ingredients, thereby creating a ``filter-cake.'' At the end of the 
brewing process, following fermentation that results in the creation of 
the alcohol-containing liquid that is called ``beer,'' the beer is 
passed through the filter-cake to remove undesirable contaminants that 
results in higher clarity of the beer, which is commercially desirable.
    (5) Mining operations at Celite Corporation require that containers 
of beer less than 10 percent ABV be located at the Lompoc Plant to 
conduct quality control testing of the marketable products, and to 
perform research testing to ensure that the marketable products are 
suitable for use in beer brewing. Celite Corporation's commercial 
operations also require that beer be located at the Lompoc Plant's 
Research Laboratory (Research Lab) so that the company's research staff 
may continue to create new marketable products and modify existing 
marketable products.
    (6) Although DE can be an excellent filtration aid in the 
production of beer, it also contains naturally occurring iron, which is 
undesirable in beer production. If the beer absorbs too much iron, the 
beer will develop a bitter taste, which is not commercially desirable. 
Soluble iron in beer also has a deleterious effect on beer stability, 
which is also not commercially desirable. Accordingly, one of the most

[[Page 4836]]

critical properties of the marketable products is its beer-soluble iron 
(BSI) content.
    (7) To ensure that the marketable products meet the BSI and other
    applicable specifications, Celite must engage in testing on-site at 
the Lompoc Plant to identify the BSI content of the DE products as they 
are processed.
    (8) Specifications for BSI in the marketable products are measured 
at the parts per million level. Celite warrants maximum BSI content in 
marketable products sold to the beer industry. To adequately control 
the production of marketable products, and release marketable products 
within customers' specifications, it is essential to conduct in-
process, finished product, and research testing of the marketable 
products.
    (9) The number of actual BSI tests conducted at the Lompoc Plant 
can range from 5 to 40 per day. This testing methodology conforms to 
recommendations of the American Society of Brewing Chemists.
    (10) Celite Corporation's research scientists continue to analyze 
and develop new and modified marketable products for use in beer 
production. Since beer industry customers are among Celite's largest, 
Celite's research scientists need to keep customer products on-site in 
the Research Lab for use in developmental research. Work routinely 
requiring the use of beer in the Research Lab includes DE permeability 
analysis, beer stability analysis, and solubility of other trace 
elements in DE that may have deleterious effect on beer quality.
    (11) Because this on-site testing and research activity require 
that beer be stored and used at the Lompoc Plant, which is prohibited 
by 30 CFR 56.20001, there is a need for this petition.
    (12) The use of intoxicating beverages and narcotics is not 
tolerated at the Lompoc Plant or at any other mine operated by Celite. 
However, for commercial purposes, Celite requires that containers of 
beer be stored at the Lompoc Plant so that appropriate quality control 
and research testing can be conducted. Celite seeks to modify the 
existing standard for the following reasons:
    (a) To store containers of beer at the Lompoc Plant in secure 
locations.
    (b) To use beer at the Lompoc Plant for purposes of quality control 
testing, statistical method control testing, and research testing.
    (13) Celite believes that these modifications may be accomplished 
in a manner that ensures that miners do not have access to the beer 
used for testing purposes, thereby, ensuring that miners cannot consume 
the beer. The petitioner proposes the following alternative method of 
compliance:
    (a) Beer used in laboratory procedures will be ordered by the 
Quality Specialist, Research Technician, or other responsible designee, 
from the purchasing coordinator.
    (b) The purchasing coordinator or other responsible designee will 
arrange for the supply of beer to be purchased and delivered to the 
appropriate person/department for receipt. Beer may be received 
directly from a customer that requires testing in their specific beer.
    (c) When the beer is received, the amount will be recorded on a log 
or other equivalent form.
    (d) Prior to storage, the containers of beer will be initialed or 
marked across the label with a permanent maker to easily identify 
containers purchased or received for testing purposes.
    (e) Except during testing procedures, the beer will be stored in a 
locked steel cabinet. The key will be kept by the Quality Assurance 
Supervisor, Research Technician, or other designee(s). A copy of the 
key to the locking steel cabinet will be kept by the Quality Manager, 
Research Manager, or other responsible person designated by the 
operator.
    (f) A record of beer use will be kept on the log or equivalent 
form. The record will include the amount of beer and date used and the 
initials of the person acquiring the beer for testing.
    (g) When the testing has concluded, the remaining degassed beer 
will be disposed of by dumping it down a sink drain or by other 
appropriate means.
    (h) Empty containers of beer will be kept in a locked steel cabinet 
or designated receptacle until they are disposed of properly.
    The petitioner asserts that the proposed alternative method is 
consistent with the goals of the Mine Act by providing an equivalent 
level of protection for the miners as provided by the existing 
standard, and will allow the Celite Corporation to maintain the 
commercial viability of the products that are mined at the Lompoc 
Plant.
    Docket Number: M-2011-013-M.
    Petitioner: Dicalite Minerals Corporation, 36994 Summit Lake Road, 
Burney, CA 96013.
    Mine: Dicalite Plant, MSHA I.D. No. 04-04053, 36994 Summit Lake 
Road, Burney, CA 96013, located in Shasta County, California.
    Regulation Affected: 30 CFR 56.20001 (Intoxicating beverages and 
narcotics). Modification Request: The petitioner requests a 
modification of the existing standard to permit alcohol slow-fermented 
from starch, bearing an alcohol content of less than 10 percent alcohol 
by volume (ABV), commonly called ``beer'', to be used at the Dicalite 
Plant for chemical testing that is part of product quality control and 
research. The petitioner proposes to store containers of beer at the 
Dicalite Plant in secure locations with restricted access, and use 
logs, records, and markings to ensure the beer will be used solely for 
purposes of quality control testing, statistical method control 
testing, and research testing. The petitioner states that:
    (1) It does not seek a modification of any other part of the 
standard.
    (2) The consumption of any intoxicating beverages and narcotics, 
including beer, will be prohibited and persons under the influence of 
alcohol or narcotics will not be permitted on site.
    (3) The Dicalite Plant is a surface diatomaceous earth (DE) mine 
and processing facility. Mined DE is processed to create finished DE 
products (the marketable products).
    (4) One of the commercial applications of the marketable products 
is a filtration agent utilized during the brewing process for beer. The 
marketable products are integrated onto a fine mesh screen with other 
ingredients, thereby creating a ``filter-cake.'' At end of the brewing 
process, following fermentation that results in the creation of the 
alcohol-containing liquid that is called ``beer,'' the beer is passed 
through the filter-cake to remove undesirable contaminants. This 
results in higher clarity of the beer, which is commercially desirable.
    (5) Mining operations at Dicalite Minerals Corporation require that 
containers of beer less than 10 percent ABV be located at the Dicalite 
Plant to conduct quality control testing of the marketable products and 
perform research testing to ensure that the marketable products are 
suitable for use in beer brewing. Beer industry customers are at the 
core of Dicalite's business.
    (6) Although DE can be an excellent filtration aid in the 
production of beer, it also contains naturally occurring iron, which is 
undesirable in beer production. If the beer absorbs too much iron, the 
beer will develop a bitter taste, which is not commercially desirable. 
Soluble iron in beer also has a deleterious effect on beer stability, 
which is also not commercially desirable. Accordingly, one of the most 
critical properties of the marketable products is its beer-soluble iron 
(BSI) content.
    (7) To ensure that the marketable products meet the BSI and other

[[Page 4837]]

applicable specifications, Dicalite will engage in testing on-site at 
the Dicalite Plant to identify the BSI content of the DE products as 
they are processed.
    (8) Specifications for BSI in the marketable products are measured 
at the parts per million level. Dicalite warrants maximum BSI content 
in marketable products sold to the beer industry. To adequately control 
the production of marketable products and release marketable products 
within customers' specifications, it is essential to conduct in-
process, finished product, and research testing of the marketable 
products.
    (9) The number of actual BSI tests conducted at the Dicalite Plant 
can range from 5 to 30 per day. This testing methodology conforms to 
recommendations of the American Society of Brewing Chemists.
    (10) The purpose of the existing standard is to protect miners by 
ensuring that the miners do not have access to intoxicating beverages 
and narcotics at mines, and that miners are not under the influence of 
intoxicating beverages and narcotics while on the job. The use of 
intoxicating beverages and narcotics is not tolerated at the Dicalite 
Plant. However, for commercial purposes, Dicalite requires that 
containers of beer be stored at the Dicalite Plant so that appropriate 
quality control and research testing can be conducted. The petitioner 
proposes to:
    (a) Store closed containers of beer at the Dicalite Plant in secure 
locations with restricted access.
    (b) Use beer at the Dicalite Plant only for purposes of quality 
control testing, statistical method control testing, and research 
testing.
    (c) Store open containers of beer in a manner that ensures that 
miners do not have access to the beer used for testing purposes.
    (11) The petitioner believes that the modifications sought through 
the petition may be accomplished in a manner that ensures that miners 
do not have access to the beer used for testing purposes. The 
petitioner proposes the following alternative method of compliance:
    (a) Beer used in laboratory procedures will be ordered by the lab 
technician or other responsible designee, who will arrange for the 
supply of beer to be purchased and delivered to the appropriate person/
department for receipt.
    (b) When the beer is received, the amount will be recorded on a log 
or other equivalent form.
    (c) The beer bottles will be initialed or marked in some way across 
the label with permanent marker prior to storage, to easily identify 
containers purchased for testing purposes.
    (d) Beer will be stored in a steel locking cabinet. The key will be 
kept by the lab technician or other designee(s). A copy of the key to 
the locking cabinet will be kept by the Quality Manager or other 
responsible person.
    (e) A record of use will be kept on the log or equivalent form that 
includes the amount, date used, and initials of the person acquiring 
the beer for testing purposes.
    (f) When testing has concluded, the remaining degassed beer will be 
disposed of by dumping it down the drain or other appropriate disposal 
means.
    (g) Empty containers of beer will be kept in a locking cabinet/or 
designated receptacle until disposed of properly.
    The petitioner asserts that the proposed alternative method is 
consistent with the goals of the Mine Act by providing an equivalent 
level of protection for the miners as is provided by the existing 
standard, and will allow the Dicalite Minerals Corporation to maintain 
the commercial viability of the products that are mined at the Dicalite 
Plant.

Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2012-1989 Filed 1-30-12; 8:45 am]
BILLING CODE 4510-43-P