Petitions for Modification of Application of Existing Mandatory Safety Standards, 59723-59725 [2013-23568]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Notices]
[Pages 59723-59725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23568]


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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 28, 2013.

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-2013-045-C.
    Petitioner: Bowie Resources, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mines: No. 2 Mine, MSHA I.D. No. 05-04591, located in Delta County, 
Colorado.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment in 
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance 
meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining, by its nature 
and size and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment may be used. Such 
nonpermissible surveying equipment includes portable battery-operated 
total station surveying equipment, mine transits, distance meters, and 
data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by surveying personnel prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.

[[Page 59724]]

    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in return airways.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn out of the return airways.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment will be changed out or 
charged in fresh air out of the return.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of nonpermissible surveying equipment in areas where 
methane could be present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection as that 
afforded by the existing standard.
    Docket Number: M-2013-046-C.
    Petitioner: Bowie Resources, LLC, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: No. 2 Mine, MSHA I.D. No. 05-04591, located in Delta County, 
Colorado.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible surveying equipment 
within 150 feet of pillar workings, including, but not limited to, 
portable battery-operated mine transits, total station surveying 
equipment, distance meters, and data loggers. The petitioner states 
that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372, and 75.1200, use of the most practical and 
accurate surveying equipment is necessary. To ensure the safety of the 
miners in active mines and to protect miners in future mines that may 
mine in close proximity to these same active mines, it is necessary to 
determine the exact location and extent of the mine workings.
    (2) Application of the existing standard would result in a 
diminution of safety to the miners. Underground mining by its nature 
and size, and the complexity of mine plans, requires that accurate and 
precise measurements be completed in a prompt and efficient manner. The 
petitioner proposes the following as an alternative to the existing 
standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings will be examined prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment within 150 feet of pillar 
workings.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn further than 150 feet from pillar workings.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment will be changed out or 
charged in fresh air more than 150 feet from pillar workings.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards and limitations associated 
with the use of nonpermissible surveying equipment in areas where 
methane could be present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection as that 
afforded by the existing standard.
    Docket Number: M-2013-010-M
    Petitioner: U.S. Silica Company, 105 Burkett Switch Road, Jackson, 
Tennessee 38301.
    Mine: Jackson Plant, MSHA I.D. No. 40-02937, located in Madison 
County, Tennessee.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for implementing 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 miners' 
exposure to respirable dust, thus reducing their health risks while 
providing no less than the same degree of safety provided by the 
existing standard.
    2. The alternative method has been jointly developed between Unimin 
Corporation and the National Institute for Occupational Safety and 
Health (NIOSH) and successfully tested by NIOSH.

[[Page 59725]]

    3. Only miners trained in the operation of the clothes cleaning 
booth will be permitted to use the booth to clean their clothes.
    4. The petitioner will incorporate the NIOSH Clothes Cleaning 
Process and Manufacturer's Instruction Manuals into their MSHA Part 46 
Training Plan and train affected miners in the process.
    5. 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.
    6. Miners entering the booth will wear eye protection; ear plugs or 
muffs for hearing protection; and, 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. As an alternative, the use of a full-
face respirator will meet the requirement for eye protection. A sign 
will be conspicuously posted requiring the use of personal protective 
equipment when entering the booth.
    7. 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.
    8. Air pressure through the spray manifold will be limited to 30 
pounds per square inch or less. A lock box with a single key controlled 
by the plant manager will be used to prevent regulator tampering.
    9. The air spray manifold will consist of a schedule 80 steel pipe 
that has a failure pressure of 1,300 pounds per square inch, be capped 
at the base and actuated by an electrically controlled ball valve at 
the top.
    10. Air nozzles will not exceed 30 pounds per square inch gauge.
    11. The uppermost spray of the spray manifold will be located below 
the booth users' breathing zone. Deflection covers will be used over 
the upper air nozzles if necessary to meet the specific height of the 
user.
    12. 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.
    13. The petitioner will conduct periodic maintenance checks of the 
booth according to the recommendations contained in the Manufacturer's 
Instruction Manual.
    14. 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.
    15. An appropriate hazard warning sign will be posted on the booth 
to state, at a minimum, ``Compressed Air'' and ``Respirable Dust''.
    16. A pressure relief valve designed for the booth's air reservoir 
will be installed.
    17. 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 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, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-23568 Filed 9-26-13; 8:45 am]
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