Petitions for Modification of Application of Existing Mandatory Safety Standards, 4177-4178 [2014-01391]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Notices]
[Pages 4177-4178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-01391]


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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 February 24, 2014.

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: Sheila McConnell, Acting 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-2013-055-C.
    Petitioner: Signal Peak Energy, 100 Portal Drive, Roundup, Montana 
59072.
    Mine: Bull Mountain Mine 1, MSHA I.D. No. 24-01950, 
located in Musselshell County, Montana.
    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 the use of nonpermissible electronic 
testing or diagnostic equipment within 150 feet of pillar workings or 
longwall faces. The equipment to be used includes laptop computers, 
oscilloscopes, vibration analysis machines, cable fault detectors, 
point temperature probes, infrared temperature devices, insulating 
testers (meggers), voltage current and power measurement devices signal 
analyzer devices, ultrasonic thickness gauges, electronic component 
testers, electronic tachometers, total station laser distance meter, 36 
volt battery drills, and data collector. Other testing and diagnostic 
equipment may be used if approved in advance by the District Manager. 
The petitioner states that:
    (1) All other test and diagnostic equipment used within 150 feet of 
longwall faces and pillar workings will be permissible.
    (2) All nonpermissible testing and diagnostic equipment used within 
150 feet of longwall faces and pillar workings will be examined, by a 
qualified person as defined in 30 CFR 75.153, prior to being used to 
insure the equipment is being maintained in a safe operating condition. 
The examination results will be recorded in the weekly examination book 
and will be made available to an authorized representative of the 
Secretary and the miners at the mine.
    (3) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during use of 
nonpermissible electronic testing and diagnostic equipment within 150 
feet of the longwall faces and pillar workings.
    (4) Nonpermissible electronic test and diagnostic equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent methane. When 1.0 percent or more of methane is detected while 
the nonpermissible electronic equipment is being used, the equipment 
will be deenergized immediately, and the nonpermissible electronic 
equipment will be withdrawn to outby the last open crosscut.
    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (6) Except for time necessary to trouble shoot under actual mining 
conditions, coal production in the section will cease during use of the 
nonpermissible equipment. However, coal may remain in or on the 
equipment to test and diagnose the equipment under ``load''.
    (7) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (8) All electronic testing and diagnostic equipment will be used in 
accordance with the manufacturer's recommended safe use procedures.
    (9) Qualified personnel engaged in the use of electronic testing 
and diagnostic equipment will be properly trained to recognize the 
hazards and limitations associated with the use of electronic testing 
and diagnostic equipment.
    (10) Nonpermissible electronic testing and diagnostic equipment 
will not be put into service underground until MSHA has initially 
inspected the equipment.
    (11) Within 60 days after the Proposed Decision and Order becomes 
final, the petitioner will submit proposed revisions for its approved 
30 CFR part 48 training plan to the District Manager. The revisions 
will specify initial and

[[Page 4178]]

refresher training regarding the terms and conditions in the Proposed 
Decision and Order.
    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-2013-012-M.
    Petitioner: Carmeuse Lime & Stone--Luttrell Operation, 486 Clinch 
Valley Road, Luttrell, Tennessee 37779.
    Mine: Chesney Underground Mine, MSHA I.D. No. 40-02113, located in 
Union County, Tennessee.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to use a self-contained refuge chamber providing 
sufficient packaged water and aviation quality compressed air bottles 
to last no less than 48 hours for up to 20 miners. The petitioner 
states that:
    (1) The unit contains enough air, water, and nutriments at 
prescribed levels to sustain occupants for 48 hours. The source of both 
air and water would not be dependent on exterior air and water lines, 
which are inherently susceptible to external physical damage and 
deliver a substandard quality product.
    (2) The refuge chamber is constructed of airtight steel and 
designed to sustain up to 20 miners for a period of no less than 48 
hours by provision of fresh air, water, and food. The unit is portable, 
providing the ability to relocate as necessary during the advancement 
of mine workings. The unit is equipped with lights, a siren, and a 
carbon dioxide scrubber. Battery backup power is provided in case of 
electrical outage, and will provide standby power. The unit will also 
be provided with a fire extinguisher.
    (3) The ability to supply air, water, and reserve power within the 
refuge chamber itself reduces the susceptibility of the unit to damage 
from normal mining operations and conditions that may be found in an 
emergency where the severing of lines may be of concern. To ensure 
these stored supplies are readily available as needed, daily visual 
inspections will be performed to ensure that neither exterior damage 
nor unauthorized entry of the unit has occurred. Detailed monthly 
inspections will be performed to ensure supplies are within 
satisfactory expiration periods.
    (4) The self-contained properties of the refuge chamber will 
additionally increase the portability of the unit, providing the 
flexibility to continuously install the unit closer to working areas of 
the mine, as appropriate, while maintaining a sanitary environment for 
its occupants.
    (5) The Chesney Mine employs approximately 88 people. The mine 
produces a high quality, non-gassy limestone that is used in the 
production of lime via one kiln located on site. Due to the deposit's 
approximate dip of 35 degrees, a non-traditional room and pillar design 
is used in which multiple levels are developed in a stepped pattern.
    (6) Ordinarily, less than 20 miners are in the workings at any 
given moment. The operation uses 11 production miners and one 
supervisor on the day shift, and five production miners and one 
supervisor on the night shift. Three mechanical/electrical technicians 
may work in the mine on either shift and four additional managerial 
employees may be in the mine intermittently on an as needed basis. As 
the workings are readily accessible via a traversable slope and portal, 
the facility has not located office or maintenance shops underground. 
There is no established access to potable water or compressed air in 
the mine
    (7) The mine is naturally ventilated, and has no significant 
history of gas liberation. A 13-foot diameter airshaft and fan located 
atop the eastern portion of the mine, aid ventilation and is capable of 
exhausting approximately 160,000 cubic feet per minute. An assortment 
of auxiliary fans is used underground for localized air control. The 
mine also has a history of stable roof conditions and, while not 
required, installs 8-foot grouted roof bolts in a 5x5 foot pattern as 
part of the regular mining cycle.
    (8) A water source delivered in any form of conduit of pipeline has 
the potential to be damaged in a geologic event or equipment activity. 
As pipes age, contamination is possible and stagnated water has the 
potential to deliver bacterial agents to the recipient. Air from the 
surface would require a compressor to deliver air to the chamber at an 
elevated pressure. Air from a compressor may be laden with water vapor 
and lubricants that may reduce its purity. An underground refuge 
chamber will be fitted with compressed air and sealed water provides 
remediation to both of these problems.
    (9) Training on proper use of the refuge chamber will be provided 
for all affected personnel annually and additionally upon any 
relocation of the chamber.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.

    Dated: January 17, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014-01391 Filed 1-23-14; 8:45 am]
BILLING CODE 4510-43-P