Petitions for Modification of Application of Existing Mandatory Safety Standards, 59673-59674 [2012-23852]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Notices]
[Pages 59673-59674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23852]


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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 October 29, 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 202-693-9447 (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-2012-006-M.
    Petitioner: Vulcan Construction Materials, L.P., 1 Glenlake Parkway 
NE., Suite 600, Atlanta, Georgia 30328.
    Mine: Manassas Quarry, MSHA I.D. No. 44-00159, located in Prince 
William County, Virginia; Jack Plant, MSHA I.D. No. 44-00109, located 
in Dinwiddie County, Virginia; Lawrenceville Quarry, MSHA I.D. No. 44-
00150, located in Brunswick County, Virginia; Skippers Quarry, MSHA 
I.D. No. 44-00136, located in Greensville County, Virginia; Hanover 
Quarry, MSHA I.D. No. 36-00015, located in Adams County, Pennsylvania; 
Pacolet Quarry, MSHA I.D. 38-00004, located in Spartanburg County, 
South Carolina; Enka Quarry, MSHA I.D. 31-00084, located in Buncombe 
County, North Carolina; Rockingham Quarry, MSHA I.D. No. 31-00198, 
located in Richmond County, North Carolina; Barin Quarry, MSHA I.D. No. 
09-00072, located in Muscogee County, Georgia; and Macon Quarry, MSHA 
I.D. No. 09-00015, located in Monroe County, Georgia.
    Regulation Affected: 30 CFR 56.14100(b) (Safety defects; 
examination, correction and records).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit designated locomotives to be operated with 
four functional track sanders. This includes two sets of sanders 
located on opposite ends of each locomotive regardless of the amount of 
sanders that may have been present originally or could be added. The 
petitioner also requests that sand not be present in the system unless 
deemed necessary for the sand to be used to assist with traction to 
allow the locomotive to move. This change would serve as direct 
guidance for Vulcan and MSHA in the future. This would be a great 
benefit for everyone involved since there is no standard that 
specifically addresses this issue in 30 CFR Part 56. This petition, if 
approved, would not

[[Page 59674]]

detract from worker safety. The petitioner states that:
    1. This is a complex issue and requires significant background 
information and material.
    2. The purpose of this petition is to obtain relief from MSHA's new 
position that track sanders on a locomotive are for braking and 
therefore a safety item.
    3. The manufacturer's intent of the track sanders are an optional 
feature designed to assist in locomotive traction when starting from a 
stopped position.
    4. Vulcan East Region is addressing multiple locomotives and 
locations to avoid further use of time and resources for both parties 
related to this topic.
    5. Vulcan and the rail industry consider the track sanders as an 
operational device rather than a safety item.
    The petitioner further states that the safety of employees and 
anyone that is exposed to their operations is of the utmost importance, 
and believes that the request in this petition would not distract from 
worker safety.
    Docket Number: M-2012-007-M.
    Petitioner: Rio Grande Mining Company, 97423 US Hwy 67, HCR67 Box 
109, Marfa, Texas 79843.
    Mine: Shafter Mine, MSHA I.D. No. 41-02905, located in Presidio 
County, Texas.
    Regulation Affected: 30 CFR 49.2(c) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit a miner with three months experience as a 
team member, instead of a miner with one year of experience.
    Further, the petitioner states that due to the remote location of 
the mine it has become burdensome to keep two certified teams with five 
members and one alternate. The shortest response time for the next 
closest mine rescue team is 4 hours for a team in New Mexico and 6 
hours for a team in Texas. The petitioner states that surface and 
underground personnel who do not have one year mining experience would 
have the following general certifications:
    1. DOT-First Responder, EMT, EMT-1, Paramedics.
    2. Certified surface firefighters.
    3. Personnel would still be trained with a Certified MSHA 
Instructor within the three months.
    4. With small and remote mines, three months would be an adequate 
amount of time for miners (Mine Rescue Team Members) to learn the mine 
and the mining methods.
    The petitioner asserts that the alternative method will at all 
times provide the same measure of protection as the existing standard.
    Docket Number: M-2012-008-M.
    Petitioner: U.S. Silica Company, 2496 Hancock Road, Berkeley 
Springs, West Virginia 25411.
    Mine: Berkeley Plant, MSHA I.D. No. 46-02805, located in Morgan 
County, West Virginia.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the miners to use a clothes cleaning booth 
for cleaning their clothes. The petitioner proposes to incorporate the 
National Institute for Occupational Safety and Health (NIOSH) Clothes 
Cleaning Process and Manufacturer's Instruction Manuals into their MSHA 
Part 46 Training Plan and train affected miners in the process. The 
petitioner states that:
    1. Miners entering the booth will examine valves and nozzles for 
damage malfunction and close the door fully before opening the air 
valve. Any defects will be repaired prior to the booth being used.
    2. Miners entering the booth will wear eye protection; ear plugs or 
muffs for hearing protection; a full-face or half-mask respirator that 
meets or exceeds the minimum requirements of a N95 filter to which the 
miner has been fit-tested for respiratory protection. As an 
alternative, the use of a full-face respirator will meet the 
requirement for both respiratory and eye protection. A sign will be 
conspicuously posted requiring the use of personal protective equipment 
when entering the booth.
    3. Airflow through the booth will be at least 2,000 cubic feet per 
minute to maintain negative pressure during use of the cleaning system, 
to prevent contamination of the environment outside the booth. Airflow 
will be in a downward direction to move contaminants away from the 
miner's breathing zone.
    4. Air pressure through the spray manifold will be limited to 30 
pounds per square inch or less. A lock box with a single plant manager 
controlled key will be used to prevent regulator tampering.
    5. The air spray manifold will consist of schedule 80 steel pipes 
that have failure pressure of 1,300 pounds per square inch, capped at 
the base, and actuated by an electrically controlled ball valve at the 
top.
    6. Air nozzles must not exceed 30 pounds per square inch gauge.
    7. The uppermost spray of the spray manifold will be located below 
the booth users breathing zone. Some type of mechanical device will be 
used to cover the upper air nozzles to meet the specific height of the 
user.
    8. Air nozzles will be guarded to eliminate the possibility of 
incidental contact that could create mechanical damage to the air 
nozzles during the clothes cleaning process.
    9. The petitioner will conduct periodic maintenance checks of the 
booth according to the recommendations contained in the Manufacturer's 
Instruction Manual.
    10. The air receiver tank supplying air to the manifold system will 
be of sufficient volume to permit no less than 20 seconds of continuous 
clothes cleaning time.
    11. An appropriate hazard warning sign will be posted on the booth 
that states, at a minimum, Compressed Air and Respirable Dust.
    12. A pressure relief valve designed for the booth's air reservoir 
will be installed.
    13. The mine will exhaust dust-laden air from the booth into a 
local exhaust ventilation system or duct outside the facility while 
ensuring there is no re-entrainment back into the structure.
    The petitioner further states that:
    1. The proposed alternative method provides a direct reduction of a 
miners' exposure to respirable dust, thus reducing their health risks 
while providing no less a degree of safety than that provided by the 
standard.
    2. The proposed alternative method has been jointly developed 
between Unimin Corporation and the National Institute for Occupational 
Safety and Health (NIOSH) and successfully tested by the NIOSH.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Dated: September 24, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-23852 Filed 9-27-12; 8:45 am]
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