Petitions for Modification of Application of Existing Mandatory Safety Standards, 19391-19394 [2014-07764]

Agencies

• DEPARTMENT OF LABOR
• Mine Safety and Health Administration

[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Pages 19391-19394]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07764]


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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 May 8, 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-2014-005-C.
    Petitioner: Brody Mining, LLC, Three Gateway Center, 401 Liberty 
Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Brody Mine, No. 1, MSHA I.D. No. 46-09086, located in Boone 
Greene County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    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 
or inby the last open crosscut, 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 
or inby the last open crosscut will be examined prior to use to ensure 
the equipment is being maintained in a safe operating condition. These

[[Page 19392]]

examinations will include the following steps:
    (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 in or inby the last open 
crosscut.
    (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 outby the last open crosscut.
    (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 outby the last open crosscut.
    (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-2014-006-C.
    Petitioner: Brody Mining, LLC, Three Gateway Center, 401 Liberty 
Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Brody Mine No. 1, MSHA I.D. No. 46-09086, located in Boone 
County, West Virginia.
    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 the following steps:
    (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 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-2014-007-C.
    Petitioner: Brody Mining, LLC, Three Gateway Center, 401 Liberty 
Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Brody Mine No. 1, MSHA I.D. No. 46-09086, located in Boone 
County, West Virginia.
    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, 75.1002(a), 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

[[Page 19393]]

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 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 
within 150 feet of pillar workings faces 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 the following 
steps:
    (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-2014-008-C.
    Petitioner: Aracoma Coal Company, Inc., Three Gateway Center, 401 
Liberty Avenue, Suite 1500, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Alma No. 1 Mine, MSHA I.D. No. 46-08801, located in Logan 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
the standard with respect to mining through gas wells. This petition is 
limited to gas well No. DR W958. The following methods will be used 
when mining through vertically drilled degasification boreholes with 
horizontal laterals:
    (a) The terms and conditions of this petition apply to mining with 
a continuous miner:
    (i) A safety barrier of 300 feet in diameter (150 feet between any 
mined area and a well) will be maintained around the well until 
approval to proceed with mining has been obtained from the District 
Manager (DM).
    (ii) Prior to mining within the safety barrier around any well that 
is intended to be mined through, the mine operator will provide to the 
DM a certification from a company official stating that all mandatory 
procedures for cleaning out, preparing, and plugging each gas or oil 
well have been completed as described by the terms and conditions of 
this petition.
    (b) The petitioner will use the following procedures after approval 
has been granted by the DM to mine within the safety barrier, or to 
mine through a plugged or replugged well.
    (1) Prior to cutting-through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) The operator will mine through a well on a shift approved by 
the DM. The operator will notify the DM and the miners' representative 
in sufficient time prior to mining-through a well in order to provide 
an opportunity to have representatives present.
    (3) Install drivage sights at the last open crosscut near the place 
to be mined to ensure intersection of the well when mining through 
wells using continuous mining methods. The drivage sites will not be 
more than 100 feet from the well.
    (4) Firefighting equipment, roof support supplies, and ventilation 
materials will be available and located at the last open crosscut on 
the intake side of the entry to cut into the well; three 20 pound 
CO2 fire extinguishers, 20 bags of rock dust, sufficient 
fire hose to reach the working face, one hand-held methane monitor 
capable of reading high percentages of methane, a multi-gas detector 
carried by both the foreman and the continuous miner operator, 
sufficient curtain to reach the working face, eight timbers with 
headers and wedges, and two emergency plugs. Additionally, the water 
line will be maintained to the belt conveyor tailpiece along with a 
sufficient amount of fire hose to reach the farthest point of 
penetration on the section.
    (5) Check equipment for permissibility and service no earlier than 
the shift prior to mining through the well. Water sprays, water 
pressures, and water flow rates used for dust and spark suppression 
will be examined and any deficiencies will be corrected
    (6) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (7) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
it. No individual is allowed on the return side during the actual 
cutting process until the mine-through has been completed and the area 
examined and declared safe. All workplace examinations will be 
conducted on the return side of the shearer while the shearer is idle.
    (8) Keep the working place free from accumulations of coal dust and 
coal spillages, and place rock dust on the roof, rib, and floor to 
within 20 feet of

[[Page 19394]]

the face when mining through the well when using continuous mining 
methods. Conduct rock dusting on longwall sections on the roof, rib, 
and floor up to both the headgate and tailgate gob.
    (9) Deenergize all equipment when the wellbore is intersected and 
thoroughly examine the place and determined it safe before resuming 
mining.
    (10) After a well has been intersected and the working place 
determined safe, continue mining inby the well at a distance sufficient 
to permit adequate ventilation around the area of the well.
    (11) If the casing is cut or milled at the coal seam level, the use 
of torches should not be necessary. In rare instances, torches may be 
used for inadequately or inaccurately cut or milled casings. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less than 1.0 
percent in all areas that will be exposed to flames and sparks from the 
torch. Apply a thick layer of rock dust to the roof, face, floor, ribs, 
and any exposed coal within 20 feet of the casing prior to any use of 
torches.
    (12) Locate non-sparking (brass) tools on the working section in 
the event they are needed to expose and examine cased wells.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, 
company personnel, representative of the miners, personnel from MSHA, 
and personnel from the appropriate State agency.
    (14) Alert all personnel in the mine to the planned intersection of 
the well prior to their going underground if the planned intersection 
is to occur during their shift. Repeat this warning for all shifts 
until the well has been mined through.
    (15) The mine-through operation will be under the direct 
supervision of a certified official. Instructions concerning the mine-
through operation will be issued only by the certified official in 
charge.
    (16) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
should review the well intersection procedures prior to any planned 
intersection.
    (17) Within 30 days after this petition becomes final, the 
petitioner will submit proposed revisions for its approved part 48 
training plan to the DM.
    (18) Within 30 days after this petition becomes final, the 
petitioner will submit proposed revisions for its approved mine 
emergency evacuation and firefighting plan required in 30 CFR 75.1501. 
The petitioner will revise the plans to include the hazards and 
evacuation procedures to be used for well intersections. All 
underground miners will be trained in this revised plan within 30 days 
of the DM's approval of the revised evacuation plan.
    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: April 2, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014-07764 Filed 4-7-14; 8:45 am]
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