Petitions for Modification of Application of Existing Mandatory Safety Standards, 30555-30558 [2012-12417]
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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
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Dated: May 10, 2012.
Tommy P. Beaudreau,
Director, Bureau of Ocean Energy
Management.
[FR Doc. 2012–12485 Filed 5–22–12; 8:45 am]
BILLING CODE 4310–MR–P
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DEPARTMENT OF JUSTICE
Notice of Lodging of Consent Decree
Under the Clean Air Act
Notice is hereby given that on May 16,
2012, a proposed Consent Decree in
United States et al. v. Questar Gas
Management Co., Civil Action No. 2:08–
cv–00167–TS–PMW, was lodged with
the United States District Court for the
District of Utah.
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In this action the United States seeks
civil penalties and injunctive relief for
alleged violations of the Clean Air Act
(‘‘CAA’’), 42 U.S.C. 7401 et seq., at five
compressor stations Questar Gas
Management Co., now known as QEP
Field Services Co. (‘‘QEPFS’’) owns and
operates in Uintah County, Utah.
Specifically, the United States alleges
that QEPFS constructed, modified, and
operated the compressor stations in
northeastern Utah without complying
with: (a) The National Emissions
Standards for Hazardous Air Pollutants
applicable to oil and natural gas
production facilities, 40 CFR part 63,
Subpart HH and Subpart ZZZZ; (b) the
pre-construction Prevention of
Significant Deterioration program, set
forth at 42 U.S.C. 7470–7492 and 40
CFR 52.21; and (c) the post-construction
federal operating permits program set
forth at Title V of the CAA, 42 U.S.C.
7661–7661f and 40 CFR part 71. The
proposed consent decree would require
QEPFS to pay a civil penalty of
$3,650,000, pay $350,000 to a Tribal
Clean Air Trust Fund, and perform
other specified injunctive relief.
The Department of Justice will
receive, for a period of thirty (30) days
from the date of this publication,
comments relating to the proposed
settlement agreement. Comments should
be addressed to the Assistant Attorney
General for the Environment and
Natural Resources Division, and either
emailed to pubcommentees.enrd@usdoj.gov or mailed to P.O.
Box 7611, U.S. Department of Justice,
Washington, DC 20044–7611, and
should refer to United States et al. v.
Questar Gas Management Co., Civil
Action No. 2:08–cv–00167–TS–PMW,
and D.J. Ref. No. 90–5–2–1–08432.
During the public comment period,
the settlement agreement may be
examined on the following Department
of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
settlement agreement may also be
obtained by mail from the Consent
Decree Library, P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611 or by faxing or emailing a
request to ‘‘Consent Decree Copy’’
(EESCDCopy.enrd@usdoj.gov), fax no.
(202) 514–0097, phone confirmation
number (202) 514–5271. If requesting a
copy from the Consent Decree Library
by mail, please enclose a check in the
amount of $11.00 ($.25 per page)
payable to the U.S. Treasury or, if by
email or fax, forward a check in that
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amount to the Consent Decree Library at
the address given above.
Robert Brook,
Assistant Chief, Environmental Enforcement
Section, Environment and Natural Resources
Division.
[FR Doc. 2012–12476 Filed 5–22–12; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
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 June 22, 2012.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail or Hand Delivery:
MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: George F. Triebsch,
Director, Office of Standards,
Regulations and Variances. Persons
delivering documents are required to
check in at the receptionist’s desk on
the 21st floor. Individuals may inspect
copies of the petitions and comments
during normal business hours at the
address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
SUMMARY:
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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
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.
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II. Petitions for Modification
Docket Number: M–2012–074–C.
Petitioner: Brooks Run Mining
Company, 208 Business Street, Beckley,
West Virginia 25801.
Mine: Marianna No. 1 Mine, MSHA
I.D. No. 46–09391, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR
75.1914(a) (Maintenance of dieselpowered equipment) .
Modification Request: The petitioner
requests a modification of the existing
standard for the Marianna No. 1 Mine
for duration of the approved slope
development plan. The petitioner states
that:
(1) Development of a slope from the
surface to the Pocahontas No. 3 coal
seam is currently in process at its
Marianna No. 1 Mine operation. A
proposed change to the existing
approved slope plan has been reviewed
by MSHA. This proposal entails making
two 90-degree turns in the projection of
the slope as identified in drawing No. 1
attached to the petition.
(2) Benefits of this change would
include eliminating the necessity for
developing vertical shafts through old
works of the Sewell coal seam, a task
that involves drilling and developing
the shaft into a pillar block identified as
left from the previous mining.
Additionally, the current proposal
allows for the construction of a shaft
with elevator access and portal
facilities, constituting a significant and
permanent safety benefit.
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(3) This proposed change would
require the installation of two belt
drives, one located at each of the turns.
These drives and associated control
units would have to be permissible
under the current standard. Time
allowances for acquisition of the
necessary permissible motors currently
prohibit the execution of this proposal
due to the development schedule and
the need to obtain a coinciding
projection approval from MSHA before
committing to the new projection.
(4) To alleviate the conflict noted
above and facilitate approval and
implementation of the alternative plan
and its associated safety benefits,
insofar, as it requires that permissible
equipment be employed in the slope
and that the drives and associated
control units be permissible, the
petitioner proposes to:
(a) Install each nonpermissible drive
on a separate air-split as shown in
drawing No. 2 attached to the petition.
(b) Install methane monitors at the
locations identified in drawing No. 2
attached to the petition (mirror image
for second turn would apply). The
monitors will be set to alarm both
visually and audibly upon detection of
methane concentration of 0.8 percent or
more. If an alarm occurs, all power will
be removed from the slope until
ventilation adjustments are made and
the methane concentration is below 0.5
percent.
To examine or obtain a copy of the
petition and drawings, contact MSHA
using the information in the FOR
FURTHER INFORMATION CONTACT section of
this notice.
The petitioner asserts that the
proposed alternative method would
achieve the results of the existing
standard insofar as it requires that
permissible equipment be employed in
the slope and requires that the drives
and associated control units be
permissible.
Docket Number: M–2012–075–C.
Petitioner: Mountain Coal Company,
LLC, P.O. Box 591, 5174 Highway 133,
Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No.
05–03672, located in Gunnison County,
Colorado.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests that Stipulation #1 of the
Proposed Decision and Order for its
previous petition for modification,
docket number M–95–184–C, be
amended. The petitioner states that:
(1) Stipulation #1 limits the
nonpermissible low-voltage or batterypowered electronic testing and
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diagnostic equipment to laptop
computers, oscilloscopes, vibration
analysis machines, insulation testers
(meggers), and cable fault detectors
(impulse generators and detectors).
(2) Since the Proposed Decision and
Order was granted, additional and more
technologically advanced low-voltage
and/or battery-powered electronic
testing and diagnostic equipment has
been developed. Such equipment can
and has been safely used in or by the
last open crosscut in underground coal
mines, thereby enhancing the safety of
the miners.
(3) With the advance of this proven
and effective technology, the petitioner
proposes to amend Stipulation #1 of its
previous petition to include point
temperature probes; infrared
temperature devices and recorders;
insulation testers (meggers); voltage,
current, and power measurement
devices; ultrasonic measuring devices;
electronic component testers and
electronic tachometers in addition to the
currently approved equipment.
The petitioner asserts that with the
existing terms and conditions of the
petition for modification, the use of
additional nonpermissible electronic
testing and diagnostic equipment will at
all times guarantee no less than the
same measure of protection afforded by
the existing standard.
Docket Number: M–2012–076–C.
Petitioner: Mountain Coal Company,
LLC, P.O. Box 591, 5174 Highway 133,
Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No.
05–03672, located in Gunnison County,
Colorado.
Regulation Affected: 30 CFR 75.1002
(Installation of electric equipment and
conductors; permissibility); Previously
30 CFR 75.1002–1(a) (Location of other
electric equipment; requirements for
permissibility).
Modification Request: The petitioner
requests that Stipulation #1 of the
Proposed Decision and Order for its
previous petition for modification,
docket number M–97–148–C, be
amended. The petitioner states that:
(1) Stipulation #1 limits the
nonpermissible low-voltage or batterypowered electronic testing and
diagnostic equipment to laptop
computers, oscilloscopes, vibration
analysis machines, insulation testers
(meggers), and cable fault detectors
(impulse generators and detectors).
(2) Since the Proposed Decision and
Order was granted, additional and more
technologically advanced low-voltage
and/or battery-powered electronic
testing and diagnostic equipment has
been developed. Such equipment can
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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
and has been safely used within 150 feet
of pillar workings in underground coal
mines, thereby enhancing the safety of
the miners.
(3) With the advance of this proven
and effective technology, the petitioner
proposes to amend Stipulation #1 of its
previous petition to include point
temperature probes; infrared
temperature devices and recorders;
insulation testers (meggers); voltage,
current, and power measurement
devices; ultrasonic measuring devices;
electronic component testers and
electronic tachometers in addition to the
currently approved equipment.
The petitioner asserts that with the
existing terms and conditions of the
petition for modification, the use of
additional nonpermissible electronic
testing and diagnostic equipment will at
all times guarantee no less than the
same measure of protection afforded by
the existing standard.
Docket Number: M–2012–077–C.
Petitioner: CEI Anthracite, 603 South
Church Street, Hazelton, Pennsylvania
18201.
Mine: CEI Anthracite Mine, MSHA
I.D. No. 36–08598, located in Luzerne
County, Pennsylvania.
Regulation Affected: 30 CFR 77.308
(Structures housing other facilities; use
of partitions).
Modification Request: The petitioner
requests a modification of the existing
standard to eliminate the use of
explosion-proof enclosures for their
thermal dryer units. The petitioner
states that:
(1) Anthracite dust has consistently
proven to be non-explosive and to have
low volatility.
(2) The indirect heat thermal dryer
provides protection by eliminating the
risk of explosion.
(3) The thermal dryer is equipped
with safety devices that automatically
shut the heat source off while allowing
airflow to continue, effectively cooling
the entire system.
(4) All of these devices are monitored
prior to start up each day and controls
are calibrated every month to assure
correct reading by sensors.
(5) Given the sensitivity of these
safety devices, greater protection would
be provided than if an explosion-proof
enclosure is used.
(6) The Carmen Dryer was originally
installed in January 1996. In 1997, the
question of an enclosure was raised and
it was decided at that point that an
enclosure was not necessary.
(7) In 2006, the petitioner purchased
the assets of Lang Filter Media (previous
owner) and continued operating until
the present. This system has never
malfunctioned or presented any safety
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issues, and has operated through MSHA
inspections during the past 14 years
without any risk of explosion.
(8) The petitioner has always kept the
safety of the employees at the forefront
and will continue to do so. There is no
likelihood of an explosion based on
research provided.
The petitioner further states that this
plant has run over 200,000 tons of
material since its construction. Safety is
the first consideration, and the
petitioner believes that this regulation is
inappropriate for their system.
Docket Number: M–2012–078–C.
Petitioner: Mountaintop Anthracite
Inc., 1550 Crestwood Drive,
Mountaintop, Pennsylvania 18707.
Mine: Mountaintop Anthracite Inc.
Mine, MSHA I.D. No. 36–09445, located
in Luzerne County, Pennsylvania.
Regulation Affected: 30 CFR 77.307
(Thermal dryer; location and
installation; general).
Modification Request: The petitioner
requests a modification of the existing
standard to eliminate the use of
explosion-proof enclosures for their
thermal dryer units. The petitioner
states that:
(1) The indirect heat thermal dryer
(manufactured by Carmen Industries)
used in the dryer process provides
protection with the equipped safety
features and controls on the dryer unit.
The biggest feature eliminates the risk of
explosion by automatically shutting off
the heat sources while allowing airflow
to continue, effectively cooling the
entire system.
(2) All of the controls are checked
each day at start up and monitored
throughout the day. The controls are
calibrated monthly ensuring that the
sensors are representing accurate
readings.
The petitioner further states that
anthracite dust is considered nonexplosive and, given the sensitivity of
the safety devices and the close
monitoring of the controls, protection of
the dryer process meets and potentially
exceeds that of an explosion-proof
enclosure.
Docket Number: M–2012–079–C.
Petitioner: CEI Anthracite, 603 South
Church Street, Hazelton, Pennsylvania
18201.
Mine: CEI Anthracite Mine, MSHA
I.D. No. 36–08598, located in Luzerne
County, Pennsylvania.
Regulation Affected: 30 CFR 77.307
(Thermal dryer; location and
installation; general).
Modification Request: The petitioner
requests a modification of the existing
standard to eliminate the use of
explosion-proof enclosures for their
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30557
thermal dryer units. The petitioner
states that:
(1) The indirect heat thermal dryer
provides protection by eliminating the
risk of explosion.
(2) The thermal dryer is equipped
with safety devices that automatically
shut the heat source off while allowing
airflow to continue, effectively cooling
the entire system.
(3) All of these devices are monitored
prior to start up each day, and controls
are calibrated every month to assure
correct reading by sensors.
(4) Given the sensitivity of the safety
devices, greater protection would be
provided than if an explosion-proof
enclosure is used.
(5) The Carmen Dryer was originally
installed in January 1996. In 1997, the
question of an enclosure was raised and
it was decided at that point that an
enclosure was not necessary.
(6) In 2006, the petitioner purchased
the assets of Lang Filter Media (previous
owner) and continued operating until
present. This system has never
malfunctioned or presented any safety
issues and has operated through MSHA
inspections during the past 14 years
without any violation referring to risk of
explosion.
(7) The petitioner has always kept the
safety of the employees at the forefront
and will continue to do so. There is no
likelihood of an explosion based on
research provided.
The petitioner further states that this
plant has run over 200,000 tons of
material since its construction. Safety is
the first consideration, and the
petitioner believes that this regulation is
inappropriate for their system.
Docket Number: M–2012–080–C.
Petitioner: Mountaintop Anthracite
Inc., 1550 Crestwood Drive,
Mountaintop, Pennsylvania 18707.
Mine: Mountaintop Anthracite Inc.
Mine, MSHA I.D. No. 36–09445, located
in Luzerne County, Pennsylvania.
Regulation Affected: 30 CFR 77.308
(Thermal dryer; location and
installation; general).
Modification Request: The petitioner
requests a modification of the existing
standard to eliminate the use of
explosion-proof enclosures for their
thermal dryer units. The petitioner
states that:
(1) The indirect heat thermal dryer
(manufactured by Carmen Industries)
used in the dryer process provides
protection with the equipped safety
features and controls on the dryer unit.
The biggest feature eliminates the risk of
explosion by automatically shutting off
the heat sources while allowing airflow
to continue, effectively cooling the
entire system.
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Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Notices
(2) All of the controls are checked
each day at start up and monitored
throughout the day. The controls are
calibrated monthly ensuring that the
sensors are representing accurate
readings.
The petitioner further states that
anthracite dust is considered nonexplosive and, given the sensitivity of
these safety devices and the close
monitoring of the controls, protection of
the dryer process meets and potentially
exceeds the protection provided by an
explosion-proof enclosure.
Dated: May 17, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. 2012–12417 Filed 5–22–12; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments.
AGENCY:
The National Archives and
Records Administration (NARA)
publishes notice at least once monthly
of certain Federal agency requests for
records disposition authority (records
schedules). Once approved by NARA,
records schedules provide mandatory
instructions on what happens to records
when no longer needed for current
Government business. They authorize
the preservation of records of
continuing value in the National
Archives of the United States and the
destruction, after a specified period, of
records lacking administrative, legal,
research, or other value. Notice is
published for records schedules in
which agencies propose to destroy
records not previously authorized for
disposal or reduce the retention period
of records already authorized for
disposal. NARA invites public
comments on such records schedules, as
required by 44 U.S.C. 3303a(a).
DATES: Requests for copies must be
received in writing on or before June 22,
2012. Once the appraisal of the records
is completed, NARA will send a copy of
the schedule. NARA staff usually
prepare appraisal memorandums that
contain additional information
concerning the records covered by a
proposed schedule. These, too, may be
requested and will be provided once the
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SUMMARY:
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appraisal is completed. Requesters will
be given 30 days to submit comments.
ADDRESSES: You may request a copy of
any records schedule identified in this
notice by contacting Records
Management Services (ACNR) using one
of the following means:
Mail: NARA (ACNR), 8601 Adelphi
Road, College Park, MD 20740–6001.
Email: request.schedule@nara.gov.
FAX: 301–837–3698.
Requesters must cite the control
number, which appears in parentheses
after the name of the agency which
submitted the schedule, and must
provide a mailing address. Those who
desire appraisal reports should so
indicate in their request.
FOR FURTHER INFORMATION CONTACT:
Margaret Hawkins, Director, National
Records Management Program (ACNR),
National Archives and Records
Administration, 8601 Adelphi Road,
College Park, MD 20740–6001.
Telephone: 301–837–1799. Email:
request.schedule@nara.gov.
SUPPLEMENTARY INFORMATION: Each year
Federal agencies create billions of
records on paper, film, magnetic tape,
and other media. To control this
accumulation, agency records managers
prepare schedules proposing retention
periods for records and submit these
schedules for NARA’s approval, using
the Standard Form (SF) 115, Request for
Records Disposition Authority. These
schedules provide for the timely transfer
into the National Archives of
historically valuable records and
authorize the disposal of all other
records after the agency no longer needs
them to conduct its business. Some
schedules are comprehensive and cover
all the records of an agency or one of its
major subdivisions. Most schedules,
however, cover records of only one
office or program or a few series of
records. Many of these update
previously approved schedules, and
some include records proposed as
permanent.
The schedules listed in this notice are
media neutral unless specified
otherwise. An item in a schedule is
media neutral when the disposition
instructions may be applied to records
regardless of the medium in which the
records are created and maintained.
Items included in schedules submitted
to NARA on or after December 17, 2007,
are media neutral unless the item is
limited to a specific medium. (See 36
CFR 1225.12(e).)
No Federal records are authorized for
destruction without the approval of the
Archivist of the United States. This
approval is granted only after a
thorough consideration of their
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administrative use by the agency of
origin, the rights of the Government and
of private persons directly affected by
the Government’s activities, and
whether or not they have historical or
other value.
Besides identifying the Federal
agencies and any subdivisions
requesting disposition authority, this
public notice lists the organizational
unit(s) accumulating the records or
indicates agency-wide applicability in
the case of schedules that cover records
that may be accumulated throughout an
agency. This notice provides the control
number assigned to each schedule, the
total number of schedule items, and the
number of temporary items (the records
proposed for destruction). It also
includes a brief description of the
temporary records. The records
schedule itself contains a full
description of the records at the file unit
level as well as their disposition. If
NARA staff has prepared an appraisal
memorandum for the schedule, it too
includes information about the records.
Further information about the
disposition process is available on
request.
Schedules Pending
1. Department of Defense, Office of
the Under Secretary of Defense
Personnel and Readiness, (N1–330–10–
3, 1 item, 1 temporary item). Records of
outpatient medical and dental care of all
service members, including summaries
of inpatient care. Records that support
compensation claims are retained
permanently in Department of Veteran
Affairs claims files.
2. Department of Health and Human
Services, Administration on Aging (N1–
439–11–1, 5 items, 4 temporary items).
Records documenting a discontinued
program created to provide a long-term
health insurance program, such as
correspondence, working papers, and
administrative records. Proposed for
permanent retention are final reports
and appendices produced to
recommend suspending the program
3. Department of Health and Human
Services, Centers for Medicare &
Medicaid Services (N1–440–9–4, 4
items, 3 temporary items). Master files
of electronic systems containing
prescription drug coverage information
including individual enrollment
information, prescription drug cost and
claims, and payment rate records.
Proposed as permanent are outputs
containing summary of annual
prescription approvals and expenditure
data.
4. Department of Health and Human
Services, Centers for Medicare &
Medicaid Services (N1–440–9–15, 1
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[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30555-30558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12417]
=======================================================================
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR Part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification submitted to the Mine Safety and Health
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified in Title 30
of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before June 22, 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 or Hand Delivery: MSHA, Office of Standards,
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington,
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of
Standards, Regulations and Variances. Persons delivering documents are
required to check in at the receptionist's desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-
[[Page 30556]]
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-2012-074-C.
Petitioner: Brooks Run Mining Company, 208 Business Street,
Beckley, West Virginia 25801.
Mine: Marianna No. 1 Mine, MSHA I.D. No. 46-09391, located in
Wyoming County, West Virginia.
Regulation Affected: 30 CFR 75.1914(a) (Maintenance of diesel-
powered equipment) .
Modification Request: The petitioner requests a modification of the
existing standard for the Marianna No. 1 Mine for duration of the
approved slope development plan. The petitioner states that:
(1) Development of a slope from the surface to the Pocahontas No. 3
coal seam is currently in process at its Marianna No. 1 Mine operation.
A proposed change to the existing approved slope plan has been reviewed
by MSHA. This proposal entails making two 90-degree turns in the
projection of the slope as identified in drawing No. 1 attached to the
petition.
(2) Benefits of this change would include eliminating the necessity
for developing vertical shafts through old works of the Sewell coal
seam, a task that involves drilling and developing the shaft into a
pillar block identified as left from the previous mining. Additionally,
the current proposal allows for the construction of a shaft with
elevator access and portal facilities, constituting a significant and
permanent safety benefit.
(3) This proposed change would require the installation of two belt
drives, one located at each of the turns. These drives and associated
control units would have to be permissible under the current standard.
Time allowances for acquisition of the necessary permissible motors
currently prohibit the execution of this proposal due to the
development schedule and the need to obtain a coinciding projection
approval from MSHA before committing to the new projection.
(4) To alleviate the conflict noted above and facilitate approval
and implementation of the alternative plan and its associated safety
benefits, insofar, as it requires that permissible equipment be
employed in the slope and that the drives and associated control units
be permissible, the petitioner proposes to:
(a) Install each nonpermissible drive on a separate air-split as
shown in drawing No. 2 attached to the petition.
(b) Install methane monitors at the locations identified in drawing
No. 2 attached to the petition (mirror image for second turn would
apply). The monitors will be set to alarm both visually and audibly
upon detection of methane concentration of 0.8 percent or more. If an
alarm occurs, all power will be removed from the slope until
ventilation adjustments are made and the methane concentration is below
0.5 percent.
To examine or obtain a copy of the petition and drawings, contact
MSHA using the information in the FOR FURTHER INFORMATION CONTACT
section of this notice.
The petitioner asserts that the proposed alternative method would
achieve the results of the existing standard insofar as it requires
that permissible equipment be employed in the slope and requires that
the drives and associated control units be permissible.
Docket Number: M-2012-075-C.
Petitioner: Mountain Coal Company, LLC, P.O. Box 591, 5174 Highway
133, Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests that Stipulation
1 of the Proposed Decision and Order for its previous petition
for modification, docket number M-95-184-C, be amended. The petitioner
states that:
(1) Stipulation 1 limits the nonpermissible low-voltage or
battery-powered electronic testing and diagnostic equipment to laptop
computers, oscilloscopes, vibration analysis machines, insulation
testers (meggers), and cable fault detectors (impulse generators and
detectors).
(2) Since the Proposed Decision and Order was granted, additional
and more technologically advanced low-voltage and/or battery-powered
electronic testing and diagnostic equipment has been developed. Such
equipment can and has been safely used in or by the last open crosscut
in underground coal mines, thereby enhancing the safety of the miners.
(3) With the advance of this proven and effective technology, the
petitioner proposes to amend Stipulation 1 of its previous
petition to include point temperature probes; infrared temperature
devices and recorders; insulation testers (meggers); voltage, current,
and power measurement devices; ultrasonic measuring devices; electronic
component testers and electronic tachometers in addition to the
currently approved equipment.
The petitioner asserts that with the existing terms and conditions
of the petition for modification, the use of additional nonpermissible
electronic testing and diagnostic equipment will at all times guarantee
no less than the same measure of protection afforded by the existing
standard.
Docket Number: M-2012-076-C.
Petitioner: Mountain Coal Company, LLC, P.O. Box 591, 5174 Highway
133, Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.1002 (Installation of electric
equipment and conductors; permissibility); Previously 30 CFR 75.1002-
1(a) (Location of other electric equipment; requirements for
permissibility).
Modification Request: The petitioner requests that Stipulation
1 of the Proposed Decision and Order for its previous petition
for modification, docket number M-97-148-C, be amended. The petitioner
states that:
(1) Stipulation 1 limits the nonpermissible low-voltage or
battery-powered electronic testing and diagnostic equipment to laptop
computers, oscilloscopes, vibration analysis machines, insulation
testers (meggers), and cable fault detectors (impulse generators and
detectors).
(2) Since the Proposed Decision and Order was granted, additional
and more technologically advanced low-voltage and/or battery-powered
electronic testing and diagnostic equipment has been developed. Such
equipment can
[[Page 30557]]
and has been safely used within 150 feet of pillar workings in
underground coal mines, thereby enhancing the safety of the miners.
(3) With the advance of this proven and effective technology, the
petitioner proposes to amend Stipulation 1 of its previous
petition to include point temperature probes; infrared temperature
devices and recorders; insulation testers (meggers); voltage, current,
and power measurement devices; ultrasonic measuring devices; electronic
component testers and electronic tachometers in addition to the
currently approved equipment.
The petitioner asserts that with the existing terms and conditions
of the petition for modification, the use of additional nonpermissible
electronic testing and diagnostic equipment will at all times guarantee
no less than the same measure of protection afforded by the existing
standard.
Docket Number: M-2012-077-C.
Petitioner: CEI Anthracite, 603 South Church Street, Hazelton,
Pennsylvania 18201.
Mine: CEI Anthracite Mine, MSHA I.D. No. 36-08598, located in
Luzerne County, Pennsylvania.
Regulation Affected: 30 CFR 77.308 (Structures housing other
facilities; use of partitions).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of explosion-proof enclosures
for their thermal dryer units. The petitioner states that:
(1) Anthracite dust has consistently proven to be non-explosive and
to have low volatility.
(2) The indirect heat thermal dryer provides protection by
eliminating the risk of explosion.
(3) The thermal dryer is equipped with safety devices that
automatically shut the heat source off while allowing airflow to
continue, effectively cooling the entire system.
(4) All of these devices are monitored prior to start up each day
and controls are calibrated every month to assure correct reading by
sensors.
(5) Given the sensitivity of these safety devices, greater
protection would be provided than if an explosion-proof enclosure is
used.
(6) The Carmen Dryer was originally installed in January 1996. In
1997, the question of an enclosure was raised and it was decided at
that point that an enclosure was not necessary.
(7) In 2006, the petitioner purchased the assets of Lang Filter
Media (previous owner) and continued operating until the present. This
system has never malfunctioned or presented any safety issues, and has
operated through MSHA inspections during the past 14 years without any
risk of explosion.
(8) The petitioner has always kept the safety of the employees at
the forefront and will continue to do so. There is no likelihood of an
explosion based on research provided.
The petitioner further states that this plant has run over 200,000
tons of material since its construction. Safety is the first
consideration, and the petitioner believes that this regulation is
inappropriate for their system.
Docket Number: M-2012-078-C.
Petitioner: Mountaintop Anthracite Inc., 1550 Crestwood Drive,
Mountaintop, Pennsylvania 18707.
Mine: Mountaintop Anthracite Inc. Mine, MSHA I.D. No. 36-09445,
located in Luzerne County, Pennsylvania.
Regulation Affected: 30 CFR 77.307 (Thermal dryer; location and
installation; general).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of explosion-proof enclosures
for their thermal dryer units. The petitioner states that:
(1) The indirect heat thermal dryer (manufactured by Carmen
Industries) used in the dryer process provides protection with the
equipped safety features and controls on the dryer unit. The biggest
feature eliminates the risk of explosion by automatically shutting off
the heat sources while allowing airflow to continue, effectively
cooling the entire system.
(2) All of the controls are checked each day at start up and
monitored throughout the day. The controls are calibrated monthly
ensuring that the sensors are representing accurate readings.
The petitioner further states that anthracite dust is considered
non-explosive and, given the sensitivity of the safety devices and the
close monitoring of the controls, protection of the dryer process meets
and potentially exceeds that of an explosion-proof enclosure.
Docket Number: M-2012-079-C.
Petitioner: CEI Anthracite, 603 South Church Street, Hazelton,
Pennsylvania 18201.
Mine: CEI Anthracite Mine, MSHA I.D. No. 36-08598, located in
Luzerne County, Pennsylvania.
Regulation Affected: 30 CFR 77.307 (Thermal dryer; location and
installation; general).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of explosion-proof enclosures
for their thermal dryer units. The petitioner states that:
(1) The indirect heat thermal dryer provides protection by
eliminating the risk of explosion.
(2) The thermal dryer is equipped with safety devices that
automatically shut the heat source off while allowing airflow to
continue, effectively cooling the entire system.
(3) All of these devices are monitored prior to start up each day,
and controls are calibrated every month to assure correct reading by
sensors.
(4) Given the sensitivity of the safety devices, greater protection
would be provided than if an explosion-proof enclosure is used.
(5) The Carmen Dryer was originally installed in January 1996. In
1997, the question of an enclosure was raised and it was decided at
that point that an enclosure was not necessary.
(6) In 2006, the petitioner purchased the assets of Lang Filter
Media (previous owner) and continued operating until present. This
system has never malfunctioned or presented any safety issues and has
operated through MSHA inspections during the past 14 years without any
violation referring to risk of explosion.
(7) The petitioner has always kept the safety of the employees at
the forefront and will continue to do so. There is no likelihood of an
explosion based on research provided.
The petitioner further states that this plant has run over 200,000
tons of material since its construction. Safety is the first
consideration, and the petitioner believes that this regulation is
inappropriate for their system.
Docket Number: M-2012-080-C.
Petitioner: Mountaintop Anthracite Inc., 1550 Crestwood Drive,
Mountaintop, Pennsylvania 18707.
Mine: Mountaintop Anthracite Inc. Mine, MSHA I.D. No. 36-09445,
located in Luzerne County, Pennsylvania.
Regulation Affected: 30 CFR 77.308 (Thermal dryer; location and
installation; general).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of explosion-proof enclosures
for their thermal dryer units. The petitioner states that:
(1) The indirect heat thermal dryer (manufactured by Carmen
Industries) used in the dryer process provides protection with the
equipped safety features and controls on the dryer unit. The biggest
feature eliminates the risk of explosion by automatically shutting off
the heat sources while allowing airflow to continue, effectively
cooling the entire system.
[[Page 30558]]
(2) All of the controls are checked each day at start up and
monitored throughout the day. The controls are calibrated monthly
ensuring that the sensors are representing accurate readings.
The petitioner further states that anthracite dust is considered
non-explosive and, given the sensitivity of these safety devices and
the close monitoring of the controls, protection of the dryer process
meets and potentially exceeds the protection provided by an explosion-
proof enclosure.
Dated: May 17, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-12417 Filed 5-22-12; 8:45 am]
BILLING CODE 4510-43-P
