Petitions for Modification of Application of Existing Mandatory Safety Standards, 69135-69137 [2013-27546]
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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Notices
information collection. The BLS
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Displaced Worker, Job Tenure, and
Occupational Mobility supplement
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Information collected by this survey
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collection of information that does not
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CFR 1320.5(a) and 1320.6. For
additional information, see the related
notice published in the Federal Register
on July 29, 2013 (78 FR 50450).
Interested parties are encouraged to
send comments to the OMB, Office of
Information and Regulatory Affairs at
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69135
the address shown in the ADDRESSES
section within 30 days of publication of
this notice in the Federal Register. In
order to help ensure appropriate
consideration, comments should
mention OMB Control Number 1220–
0104. The OMB is particularly
interested in comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
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technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–BLS.
Title of Collection: Current Population
Survey—Displaced Worker, Job Tenure,
and Occupational Mobility Supplement.
OMB Control Number: 1220–0104.
Affected Public: Individuals or
households.
Total Estimated Number of
Respondents: 55,000.
Total Estimated Number of
Responses: 55,000.
Total Estimated Annual Burden
Hours: 7,333.
Total Estimated Annual Other Costs
Burden: $0.
Dated: November 12, 2013.
Michel Smyth,
Departmental Clearance Officer.
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 18, 2013.
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–
9447 (Voice), barron.barbara@dol.gov
(Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
I. Background
[FR Doc. 2013–27424 Filed 11–15–13; 8:45 am]
BILLING CODE 4510–24–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
SUMMARY:
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Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Notices
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requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Docket Number: M–2013–047–C.
Petitioner: Carter Roag Coal Company,
LLC, 1023 Lanham Cemetery Road,
Tallmansville, West Virginia 26237.
Mine: Pleasant Hill Mine, MSHA I.D.
No.46–08194, located in Randolph
County, West Virginia.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray systems).
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. In
support of the alternative method, the
petitioner proposes to continue
performing the weekly examinations
and functional testing of the deluge fire
suppression systems installed at
conveyor belt drives. The petitioner
states that:
(1) A person trained in the testing
procedures specific to the water delugetype fire suppression systems utilized at
each belt drive of the mine affected by
this petition will conduct an
examination, functional test, and
residual pressure measurements
consisting of the following:
(a) A visual examination of each of
the water deluge-type fire suppression
systems in the affected mine.
(b) A functional test of the water
deluge-type fire suppression systems by
actuating the system and observing its
performance.
(c) Taking residual pressure
measurements at the most hydraulically
demanding nozzle to determine whether
the system meets the manufacturer’s
specifications.
(d) Keeping a record of the results of
the examinations, function tests, and
residual pressure measurements in a
book maintained on the surface for that
purpose. Such record book will be made
available to the authorized
representative of the Secretary and
retained at the mine for one year after
the last recorded examination.
(2) Any malfunctioning or clogged
nozzle(s) detected as a result of the
weekly examination or functional test
will be corrected immediately.
(3) The procedure used to perform the
functional test will be posted at or near
each belt drive that utilizes a delugetype water spray fire suppression
system.
The petitioner will submit to the
District Manager proposed provisions
for each applicable 30 CFR part 48
training plan specifying the procedures
to be used to conduct the weekly
functional test, as well as initial and
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refresher training (including addressing
any necessary conditions specified in
the proposed decision and order
granting approval).
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–2013–048–C.
Petitioner: Pocahontas Coal Company,
LLC, 109 Appalachian Drive, Beckley,
West Virginia 25801.
Mine: Josephine 2 Mine, MSHA I.D.
No. 46–07191, located in Raleigh
County, West Virginia.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray systems).
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. In
support of the alternative method, the
petitioner proposes to continue
performing the weekly examinations
and functional testing of the deluge fire
suppression systems installed at
conveyor belt drives. The petitioner
states that:
(1) A person trained in the testing
procedures specific to the water delugetype fire suppression systems utilized at
each belt drive of the mine affected by
this petition will conduct an
examination, functional test, and
residual pressure measurements
consisting of the following:
(a) A visual examination of each of
the water deluge-type fire suppression
systems in the affected mine.
(b) A functional test of the water
deluge-type fire suppression systems by
actuating the system and observing its
performance.
(c) Taking residual pressure
measurements at the most hydraulically
demanding nozzle to determine whether
the system meets the manufacturer’s
specifications.
(d) Keeping a record of the results of
the examinations, function tests, and
residual pressure measurements in a
book maintained on the surface for that
purpose. Such record book will be made
available to the authorized
representative of the Secretary and
retained at the mine for one year after
the last recorded examination.
(2) Any malfunctioning or clogged
nozzle(s) detected as a result of the
weekly examination or functional test
will be corrected immediately.
(3) The procedure used to perform the
functional test will be posted at or near
each belt drive that utilizes a delugetype water spray fire suppression
system.
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Fmt 4703
Sfmt 4703
The petitioner will submit to the
District Manager proposed provisions
for each applicable 30 CFR part 48
training plan specifying the procedures
to be used to conduct the weekly
functional test, as well as initial and
refresher training (including addressing
any necessary conditions specified in
the proposed decision and order
granting approval).
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–2013–049–C.
Petitioner: Affinity Coal Company,
LLC, 111 Affinity Complex Road,
Sophia, West Virginia 25921.
Mine: Affinity Mine, MSHA I.D. No.
46–08878, located in Raleigh County,
West Virginia.
Regulation Affected: 30 CFR 75.1101–
1(b) (Deluge-type water spray systems).
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. In
support of the alternative method, the
petitioner proposes to continue
performing the weekly examinations
and functional testing of the deluge fire
suppression systems installed at
conveyor belt drives. The petitioner
states that:
(1) A person trained in the testing
procedures specific to the water delugetype fire suppression systems utilized at
each belt drive of the mine affected by
this petition will conduct an
examination, functional test, and
residual pressure measurements
consisting of the following:
(a) A visual examination of each of
the water deluge-type fire suppression
systems in the affected mine.
(b) A functional test of the water
deluge-type fire suppression systems by
actuating the system and observing its
performance.
(c) Taking residual pressure
measurements at the most hydraulically
demanding nozzle to determine whether
the system meets the manufacturer’s
specifications.
(d) Keeping a record of the results of
the examinations, function tests, and
residual pressure measurements in a
book maintained on the surface for that
purpose. Such record book will be made
available to the authorized
representative of the Secretary and
retained at the mine for one year after
the last recorded examination.
(2) Any malfunctioning or clogged
nozzle(s) detected as a result of the
weekly examination or functional test
will be corrected immediately.
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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Notices
(3) The procedure used to perform the
functional test will be posted at or near
each belt drive that utilizes a delugetype water spray fire suppression
system.
The petitioner will submit to the
District Manager proposed provisions
for each applicable 30 CFR part 48
training plan specifying the procedures
to be used to conduct the weekly
functional test, as well as initial and
refresher training (including addressing
any necessary conditions specified in
the proposed decision and order
granting approval).
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–2013–011–M.
Petitioner: Ruby Gold, Inc., P.O. Box
1241, Grass Valley, California 95945.
Mine: Ruby Mine, MSHA I.D. No. 04–
03108, located in Nevada County,
California.
Regulation Affected: 30 CFR
57.11052(d) (Refuge areas).
Modification Request: The petitioner
requests a modification of the existing
standard to permit 12 gallons of bottled
water to be stored inside the refuge
chamber of the Ruby Mine for use in an
emergency. The petitioner states that:
(1) The mention of waterlines in the
standard implies that there must be a
steady flow of drinking water from an
outside source. The house and fire
protection water for the Ruby Mine
currently taps a spring located above the
portal. This water and conveyance
pipeline has not yet been tested for
potability.
(2) The refuge chamber is
approximately 3,000 feet from the
nearest exit at the Ruby portal, running
a dedicated potable water line to the
refuge chamber will incur considerable
expense.
(3) There is no mention of 30 CFR
57.11052 in the Program Policy Manual
to provide further guidance to the
standard. Procedures pertaining to
drinking water are mentioned in 30 CFR
71.602(a) and (b).
(4) Bottled water would be just as safe
if not safer than a waterline, because
there is a chance that the water can
become polluted from some external
event such as a fire or some other
situation that causes the source of a
waterline to become undrinkable or
unavailable for any number of possible
reasons.
(5) No more than five miners are
anticipated to seek refuge in the
chamber during a mine emergency. The
duration of any mine emergency is not
expected to exceed one or two days.
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Each miner would require up to 64
ounces of water per day, so that over a
2-day period five miners would require
an aggregate of five gallons of water.
(6) The refuge chamber at the Ruby
Mine is expected to be only a temporary
facility since a primary project of the
current operation is the restoration of a
safe and usable second exit for the mine.
(7) The current operations at the mine
are extremely low risk for the
occurrence of any incident which could
require the need to use the refuge
chamber for the following reasons:
(a) There are no electrical power lines
underground;
(b) No internal combustion equipment
is in use underground; and
(c) The tunnel is being rehabilitated.
All activities are being conducted in, as
well as immediately adjacent to, the
sections of the tunnel that have been
recently retimbered to provide new and
reinforced ground support.
(8) While it appears that the standard
in 30 CFR 71.602 provides an acceptable
alternative to the use of a dedicated
waterline in a refuge chamber, we are
respectively requesting a variance of 30
CFR 57.11052(d) so that bottled water
may be stored for use in the refuge
chamber at the Ruby Mine.
(9) Application of the standard will
reduce the safety of the miners affected,
as a dedicated waterline extending from
the portal to the refuge chamber is
subject to interruption and is inherently
less safe than sanitary bottled water
stored inside the refuge chamber.
(10) An external water supply could
be interrupted from any number of
conditions within or outside the mine.
(11) The nature of any emergency
itself could cause an external water
supply to be polluted, choked, or cutoff
entirely if the pipeline were to be
compromised. If the external supply of
water is interrupted for any reason the
miners will be at extreme risk with no
other sources of drinking water
available.
The petitioner further states that:
(1) As an alternative method, a
sufficient supply of bottled water stored
in the refuge chamber for use in an
emergency represents 100 percent
certainty that the miners will have
sanitary drinking water available to
them regardless of the nature of any
emergency that might require the use of
the refuge chamber.
(2) Bottled water is sanitary and
cannot be compromised by any
emergency situation outside of the
refuge chamber.
(3) By having bottled water stored
inside the chamber there is virtually no
opportunity for the water supply to be
compromised from normal mining
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69137
operations (e.g., blasting, scaling, etc.)
such as what could potentially occur
with an external water line, and thus
stored bottled water represents a
significant safety improvement.
(4) We understand that the intent of
the standard is to provide a supply of
drinking water in the event of an
emergency that may last for an extended
period of time beyond a few days, but
as stated, in the event an external water
line is compromised then water will be
unavailable from the very outset of an
emergency let alone whatever may
develop over the course of time.
(5) Stored bottled water provides
miners with the absolute certainty that
water will be available immediately
whenever needed, and in the very first
hours of an emergency that are often the
most critical.
(6) The Ruby Mine is not a shaft that
extends vertically to depth. It is a drift
mine that extends by way of flat tunnel
into the earth laterally to follow the
course of ancient river channels. In the
event of an emergency requiring the use
of the refuge chamber, we believe a
rescue can be effected within a
relatively short period of time such that
any emergency would not have a long
duration.
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.
Dated: November 13, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and
Variances.
[FR Doc. 2013–27546 Filed 11–15–13; 8:45 am]
BILLING CODE 4510–43–P
NATIONAL CREDIT UNION
ADMINISTRATION
Sunshine Act; Notice of Agency
Meeting
STATUS:
Open.
10:00 a.m., Thursday,
November 21, 2013.
PLACE: Board Room, 7th Floor, Room
7047, 1775 Duke Street (All visitors
must use Diagonal Road Entrance),
Alexandria, VA 22314–3428.
MATTERS TO BE CONSIDERED:
1. Quarterly Report on Corporate
Stabilization Fund.
2. Board Briefing, Estimated Range of
Premiums for the NCUSIF and
Assessment for the Corporate
Stabilization Fund.
3. NCUA’s Rules and Regulations,
Credit Union Service Organizations.
4. 2014 Operating Budget.
TIME AND DATE:
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]]>Agencies
[Federal Register Volume 78, Number 222 (Monday, November 18, 2013)]
[Notices]
[Pages 69135-69137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27546]
-----------------------------------------------------------------------
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 18, 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
[[Page 69136]]
requirements and procedures for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2013-047-C.
Petitioner: Carter Roag Coal Company, LLC, 1023 Lanham Cemetery
Road, Tallmansville, West Virginia 26237.
Mine: Pleasant Hill Mine, MSHA I.D. No.46-08194, located in
Randolph County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
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. In support of the
alternative method, the petitioner proposes to continue performing the
weekly examinations and functional testing of the deluge fire
suppression systems installed at conveyor belt drives. The petitioner
states that:
(1) A person trained in the testing procedures specific to the
water deluge-type fire suppression systems utilized at each belt drive
of the mine affected by this petition will conduct an examination,
functional test, and residual pressure measurements consisting of the
following:
(a) A visual examination of each of the water deluge-type fire
suppression systems in the affected mine.
(b) A functional test of the water deluge-type fire suppression
systems by actuating the system and observing its performance.
(c) Taking residual pressure measurements at the most hydraulically
demanding nozzle to determine whether the system meets the
manufacturer's specifications.
(d) Keeping a record of the results of the examinations, function
tests, and residual pressure measurements in a book maintained on the
surface for that purpose. Such record book will be made available to
the authorized representative of the Secretary and retained at the mine
for one year after the last recorded examination.
(2) Any malfunctioning or clogged nozzle(s) detected as a result of
the weekly examination or functional test will be corrected
immediately.
(3) The procedure used to perform the functional test will be
posted at or near each belt drive that utilizes a deluge-type water
spray fire suppression system.
The petitioner will submit to the District Manager proposed
provisions for each applicable 30 CFR part 48 training plan specifying
the procedures to be used to conduct the weekly functional test, as
well as initial and refresher training (including addressing any
necessary conditions specified in the proposed decision and order
granting approval).
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-2013-048-C.
Petitioner: Pocahontas Coal Company, LLC, 109 Appalachian Drive,
Beckley, West Virginia 25801.
Mine: Josephine 2 Mine, MSHA I.D. No. 46-07191, located in Raleigh
County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
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. In support of the
alternative method, the petitioner proposes to continue performing the
weekly examinations and functional testing of the deluge fire
suppression systems installed at conveyor belt drives. The petitioner
states that:
(1) A person trained in the testing procedures specific to the
water deluge-type fire suppression systems utilized at each belt drive
of the mine affected by this petition will conduct an examination,
functional test, and residual pressure measurements consisting of the
following:
(a) A visual examination of each of the water deluge-type fire
suppression systems in the affected mine.
(b) A functional test of the water deluge-type fire suppression
systems by actuating the system and observing its performance.
(c) Taking residual pressure measurements at the most hydraulically
demanding nozzle to determine whether the system meets the
manufacturer's specifications.
(d) Keeping a record of the results of the examinations, function
tests, and residual pressure measurements in a book maintained on the
surface for that purpose. Such record book will be made available to
the authorized representative of the Secretary and retained at the mine
for one year after the last recorded examination.
(2) Any malfunctioning or clogged nozzle(s) detected as a result of
the weekly examination or functional test will be corrected
immediately.
(3) The procedure used to perform the functional test will be
posted at or near each belt drive that utilizes a deluge-type water
spray fire suppression system.
The petitioner will submit to the District Manager proposed
provisions for each applicable 30 CFR part 48 training plan specifying
the procedures to be used to conduct the weekly functional test, as
well as initial and refresher training (including addressing any
necessary conditions specified in the proposed decision and order
granting approval).
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-2013-049-C.
Petitioner: Affinity Coal Company, LLC, 111 Affinity Complex Road,
Sophia, West Virginia 25921.
Mine: Affinity Mine, MSHA I.D. No. 46-08878, located in Raleigh
County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
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. In support of the
alternative method, the petitioner proposes to continue performing the
weekly examinations and functional testing of the deluge fire
suppression systems installed at conveyor belt drives. The petitioner
states that:
(1) A person trained in the testing procedures specific to the
water deluge-type fire suppression systems utilized at each belt drive
of the mine affected by this petition will conduct an examination,
functional test, and residual pressure measurements consisting of the
following:
(a) A visual examination of each of the water deluge-type fire
suppression systems in the affected mine.
(b) A functional test of the water deluge-type fire suppression
systems by actuating the system and observing its performance.
(c) Taking residual pressure measurements at the most hydraulically
demanding nozzle to determine whether the system meets the
manufacturer's specifications.
(d) Keeping a record of the results of the examinations, function
tests, and residual pressure measurements in a book maintained on the
surface for that purpose. Such record book will be made available to
the authorized representative of the Secretary and retained at the mine
for one year after the last recorded examination.
(2) Any malfunctioning or clogged nozzle(s) detected as a result of
the weekly examination or functional test will be corrected
immediately.
[[Page 69137]]
(3) The procedure used to perform the functional test will be
posted at or near each belt drive that utilizes a deluge-type water
spray fire suppression system.
The petitioner will submit to the District Manager proposed
provisions for each applicable 30 CFR part 48 training plan specifying
the procedures to be used to conduct the weekly functional test, as
well as initial and refresher training (including addressing any
necessary conditions specified in the proposed decision and order
granting approval).
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-2013-011-M.
Petitioner: Ruby Gold, Inc., P.O. Box 1241, Grass Valley,
California 95945.
Mine: Ruby Mine, MSHA I.D. No. 04-03108, located in Nevada County,
California.
Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
Modification Request: The petitioner requests a modification of the
existing standard to permit 12 gallons of bottled water to be stored
inside the refuge chamber of the Ruby Mine for use in an emergency. The
petitioner states that:
(1) The mention of waterlines in the standard implies that there
must be a steady flow of drinking water from an outside source. The
house and fire protection water for the Ruby Mine currently taps a
spring located above the portal. This water and conveyance pipeline has
not yet been tested for potability.
(2) The refuge chamber is approximately 3,000 feet from the nearest
exit at the Ruby portal, running a dedicated potable water line to the
refuge chamber will incur considerable expense.
(3) There is no mention of 30 CFR 57.11052 in the Program Policy
Manual to provide further guidance to the standard. Procedures
pertaining to drinking water are mentioned in 30 CFR 71.602(a) and (b).
(4) Bottled water would be just as safe if not safer than a
waterline, because there is a chance that the water can become polluted
from some external event such as a fire or some other situation that
causes the source of a waterline to become undrinkable or unavailable
for any number of possible reasons.
(5) No more than five miners are anticipated to seek refuge in the
chamber during a mine emergency. The duration of any mine emergency is
not expected to exceed one or two days. Each miner would require up to
64 ounces of water per day, so that over a 2-day period five miners
would require an aggregate of five gallons of water.
(6) The refuge chamber at the Ruby Mine is expected to be only a
temporary facility since a primary project of the current operation is
the restoration of a safe and usable second exit for the mine.
(7) The current operations at the mine are extremely low risk for
the occurrence of any incident which could require the need to use the
refuge chamber for the following reasons:
(a) There are no electrical power lines underground;
(b) No internal combustion equipment is in use underground; and
(c) The tunnel is being rehabilitated. All activities are being
conducted in, as well as immediately adjacent to, the sections of the
tunnel that have been recently retimbered to provide new and reinforced
ground support.
(8) While it appears that the standard in 30 CFR 71.602 provides an
acceptable alternative to the use of a dedicated waterline in a refuge
chamber, we are respectively requesting a variance of 30 CFR
57.11052(d) so that bottled water may be stored for use in the refuge
chamber at the Ruby Mine.
(9) Application of the standard will reduce the safety of the
miners affected, as a dedicated waterline extending from the portal to
the refuge chamber is subject to interruption and is inherently less
safe than sanitary bottled water stored inside the refuge chamber.
(10) An external water supply could be interrupted from any number
of conditions within or outside the mine.
(11) The nature of any emergency itself could cause an external
water supply to be polluted, choked, or cutoff entirely if the pipeline
were to be compromised. If the external supply of water is interrupted
for any reason the miners will be at extreme risk with no other sources
of drinking water available.
The petitioner further states that:
(1) As an alternative method, a sufficient supply of bottled water
stored in the refuge chamber for use in an emergency represents 100
percent certainty that the miners will have sanitary drinking water
available to them regardless of the nature of any emergency that might
require the use of the refuge chamber.
(2) Bottled water is sanitary and cannot be compromised by any
emergency situation outside of the refuge chamber.
(3) By having bottled water stored inside the chamber there is
virtually no opportunity for the water supply to be compromised from
normal mining operations (e.g., blasting, scaling, etc.) such as what
could potentially occur with an external water line, and thus stored
bottled water represents a significant safety improvement.
(4) We understand that the intent of the standard is to provide a
supply of drinking water in the event of an emergency that may last for
an extended period of time beyond a few days, but as stated, in the
event an external water line is compromised then water will be
unavailable from the very outset of an emergency let alone whatever may
develop over the course of time.
(5) Stored bottled water provides miners with the absolute
certainty that water will be available immediately whenever needed, and
in the very first hours of an emergency that are often the most
critical.
(6) The Ruby Mine is not a shaft that extends vertically to depth.
It is a drift mine that extends by way of flat tunnel into the earth
laterally to follow the course of ancient river channels. In the event
of an emergency requiring the use of the refuge chamber, we believe a
rescue can be effected within a relatively short period of time such
that any emergency would not have a long duration.
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.
Dated: November 13, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-27546 Filed 11-15-13; 8:45 am]
BILLING CODE 4510-43-P
