Petitions for Modification of Application of Existing Mandatory Safety Standards, 45465-45468 [2014-18427]
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Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Notices
Average Time per Response: 45
minutes.
Estimated Total Burden Hours: 30
hours.
Total Burden Cost: $0.
Affected Public: UCX Claimants in
four states.
Frequency: Once.
Total Responses: 16.
Average Time per Response: 90
minutes.
Estimated Total Burden Hours: 24
hours.
Total Burden Cost: $0.
Comments submitted in response to
this request will be summarized and/or
included in the request for Office of
Management and Budget approval; they
will also become a matter of public
record.
James H. Moore, Jr.,
Deputy Assistant Secretary for Policy, U.S.
Department of Labor.
BILLING CODE 4510–23–P
DEPARTMENT OF LABOR
Office of the Secretary
Bureau of International Labor Affairs;
Labor Advisory Committee for Trade
Negotiations and Trade Policy
Meeting Notice
Notice is hereby given of a
meeting of the Labor Advisory
Committee for Trade Negotiation and
Trade Policy. Date, Time, Place:
September 4, 2014; 10:00 a.m. to 11:30
a.m.; U.S. Department of Labor,
Secretary’s Conference Room, 200
Constitution Ave. NW., Washington,
DC.
Purpose: The meeting will include a
review and discussion of current issues
which influence U.S. trade policy.
Potential U.S. negotiating objectives and
bargaining positions in current and
anticipated trade negotiations will be
discussed. Pursuant to 19 U.S.C.
2155(f)(2)(A), it has been determined
that the meeting will be concerned with
matters the disclosure of which would
seriously compromise the Government’s
negotiating objectives or bargaining
positions. Therefore, the meeting is
exempt from the requirements of
subsections (a) and (b) of sections 10
and 11 of the Federal Advisory
Committee Act (relating to open
meetings, public notice, public
participation, and public availability of
documents). 5 U.S.C. app. Accordingly,
the meeting will be closed to the public.
FOR FURTHER INFORMATION CONTACT:
Anne M. Zollner, Chief, Trade Policy
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SUMMARY:
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Signed at Washington, DC, the 30th day of
July, 2014.
Carol Pier,
Deputy Undersecretary, International Affairs.
[FR Doc. 2014–18428 Filed 8–4–14; 8:45 am]
BILLING CODE 4510–28–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
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 September 4, 2014.
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: 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
SUMMARY:
[FR Doc. 2014–18429 Filed 8–4–14; 8:45 am]
ACTION:
and Negotiations Division; Phone: (202)
693–4890.
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(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–2014–022–C.
Petitioner: Mountain Coal Company,
P.O. Box 591, 5174 Highway 133,
Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No.
05–03672, located in Gunnison County,
Colorado.
Regulation Affected: 30 CFR
75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and
performance requirements).
Modification Request: The petitioner
requests that a previously granted
petition for modification, Docket No.
M–1999–113–C, be amended. The
petitioner proposes to add two
additional road Getman graders, model
RDG–1504 serial number 7004, and
model RDG–1504C serial number 6718.
The maximum speed on the Getman
graders will be limited to 10 miles per
hour or less by blocking out gear ratios
that would provide higher speeds.
Grader operators will be trained to
recognize appropriate levels of speed for
different road conditions and slopes.
Grader operators will be trained to
lower the moldboard (grader blade) to
provide additional stopping capability
in emergencies.
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.
These revisions will specify initial and
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
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The petitioner asserts that the
additional graders under the existing
terms and conditions of the petition for
modification will at all times guarantee
no less than the same measure of
protection afforded by the existing
standard.
Docket Number: M–2014–023–C.
Petitioner: ACI Tygart Valley, 1200
Tygart Drive, Grafton, West Virginia
26354.
Mine: Leer Mine, MSHA I.D. No. 46–
09192, located in Taylor 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 nonpermissible low-voltage or
battery-powered nonpermissible
electronic testing and diagnostic
equipment in or inby the last open
crosscut. The petitioner states that:
(1) Nonpermissible electronic testing
and diagnostic equipment to be used
includes: Laptop computers;
oscilloscopes; vibration analysis
machines; cable fault detectors; point
temperature probes; infrared
temperature devices; signal analyzer
devices; ultrasonic measuring devices;
electronic component testers; and
electronic tachometers. Other testing
and diagnostic equipment may be used
if approved in advance by MSHA’s
district office. Permissible approved
voltage measuring instruments are
available and will be used when
possible.
(2) All other testing and diagnostic
equipment used in or inby the last open
crosscut will be permissible.
(3) All nonpermissible low-voltage or
battery-powered nonpermissible
electronic testing and diagnostic
equipment used in or inby the last open
crosscut will be examined by a qualified
person prior to use to ensure the
equipment is being maintained in a safe
operating condition. These examination
results will be recorded and retained for
one year and will be made available to
MSHA on request.
(4) A qualified person as defined in 30
CFR 75.151 will continuously monitor
for methane immediately before and
during the use of nonpermissible
electronic testing and diagnostic
equipment in or inby the last open
crosscut.
(5) Nonpermissible electronic testing
and diagnostic equipment will not be
used if methane is detected in
concentrations at or above one percent.
When methane is detected while the
nonpermissible electronic equipment is
being used, the equipment will be
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deenergized immediately and the
nonpermissible electronic equipment
withdrawn outby the last open crosscut.
(6) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(7) Except for time necessary to
troubleshoot under actual mining
conditions, coal production in the
section will cease. However, coal may
remain in or on the equipment to test
and diagnose the equipment under load.
This change will require production to
cease except during actual testing.
Accumulations of coal and combustible
materials referenced in 30 CFR 75.400
will be removed before testing begins to
provide additional safety to miners.
(8) Nonpermissible electronic testing
and diagnostic equipment will not be
used to test equipment when float coal
dust is in suspension.
(9) All electronic testing and
diagnostic equipment will be used in
accordance with the safe use procedures
recommended by the manufacturer.
(10) Qualified personnel who use
electronic testing and diagnostic
equipment will be properly trained to
recognize the hazards and limitations
associated with use of the equipment.
(11) Any piece of equipment subject
to this petition will be inspected by
MSHA prior to initially placing it in
service underground.
(12) Cables supplying power to lowvoltage test and diagnostic equipment
will only be used when permissible
testing and diagnostic equipment are
unavailable.
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
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 afforded by the
existing standard.
Docket Number: M–2014–024–C.
Petitioner: ACI Tygart Valley, 1200
Tygart Drive, Grafton, West Virginia
26354.
Mine: Leer Mine, MSHA I.D. No. 46–
09192, located in Taylor 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).
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Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to allow the use
of nonpermissible low-voltage or
battery-powered nonpermissible
electronic testing and diagnostic
equipment in return airways. The
petitioner states that:
(1) Nonpermissible electronic testing
and diagnostic equipment to be used
includes: Laptop computers;
oscilloscopes; vibration analysis
machines; cable fault detectors; point
temperature probes; infrared
temperature devices; signal analyzer
devices; ultrasonic measuring devices;
electronic component testers; and
electronic tachometers. Other testing
and diagnostic equipment may be used
if approved in advance by MSHA’s
district office. Permissible approved
voltage measuring instruments are
available and will be used when
possible.
(2) All other testing and diagnostic
equipment used in return airways will
be permissible.
(3) All nonpermissible low-voltage or
battery-powered nonpermissible
electronic testing and diagnostic used in
return airways will be examined by a
qualified person prior to use to ensure
the equipment is being maintained in a
safe operating condition. These
examination results will be recorded
and retained for one year and will be
made available to MSHA on request.
(4) A qualified person as defined in 30
CFR 75.151 will continuously monitor
for methane immediately before and
during the use of nonpermissible
electronic testing and diagnostic
equipment in return airways.
(5) Nonpermissible electronic testing
and diagnostic equipment will not be
used if methane is detected in
concentrations at or above one percent.
When 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 out of return airways.
(6) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(7) Except for time necessary to
troubleshoot under actual mining
conditions, coal production in the
section will cease. However, coal may
remain in or on the equipment to test
and diagnose the equipment under load.
This change will require production to
cease except during actual testing.
Accumulations of coal and combustible
materials referenced in 30 CFR 75.400
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will be removed before testing begins to
provide additional safety to miners.
(8) Nonpermissible electronic testing
and diagnostic equipment will not be
used to test equipment when float coal
dust is in suspension.
(9) All electronic testing and
diagnostic equipment will be used in
accordance with the safe use procedures
recommended by the manufacturer.
(10) Qualified personnel who use
electronic testing and diagnostic
equipment will be properly trained to
recognize the hazards and limitations
associated with use of the equipment.
(11) Any piece of equipment subject
to this petition will be inspected by
MSHA prior to initially placing it in
service underground.
(12) Cables supplying power to lowvoltage test and diagnostic equipment
will only be used when permissible
testing and diagnostic equipment are
unavailable.
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
refresher training regarding the terms
and conditions in the Proposed Decision
and Order.
The petitioner asserts that the
proposed alternative method in this will
at all times guarantee no less than the
same measure of protection afforded by
the existing standard.
Docket Number: M–2014–025–C.
Petitioner: ACI Tygart Valley, 1200
Tygart Drive, Grafton, West Virginia
26354.
Mine: Leer Mine, MSHA I.D. No. 46–
09192, located in Taylor 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 nonpermissible low-voltage or
battery-powered nonpermissible
electronic testing and diagnostic
equipment within 150 feet of pillar
workings. The petitioner states that:
(1) Nonpermissible electronic testing
and diagnostic equipment to be used
includes: Laptop computers;
oscilloscopes; vibration analysis
machines; cable fault detectors; point
temperature probes; infrared
temperature devices; signal analyzer
devices; ultrasonic measuring devices;
electronic component testers; and
electronic tachometers. Other testing
and diagnostic equipment may be used
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if approved in advance by MSHA’s
district office. Permissible approved
voltage measuring instruments are
available and will be used when
possible.
(2) All other testing and diagnostic
equipment used within 150 feet of pillar
workings or longwall faces will be
permissible.
(3) All nonpermissible low-voltage or
battery-powered nonpermissible
electronic testing and diagnostic
equipment used within 150 feet of pillar
workings will be examined by a
qualified person prior to use to ensure
the equipment is being maintained in a
safe operating condition. These
examination results will be recorded
and retained for one year and will be
made available to MSHA on request.
(4) A qualified person as defined in 30
CFR 75.151 will continuously monitor
for methane immediately before and
during the use of nonpermissible
electronic testing and diagnostic
equipment within 150 feet of pillar
workings.
(5) Nonpermissible electronic testing
and diagnostic equipment will not be
used if methane is detected in
concentrations at or above one percent.
When 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 further than 150 feet
from pillar workings.
(6) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(7) Except for time necessary to
troubleshoot under actual mining
conditions, coal production in the
section will cease. However, coal may
remain in or on the equipment to test
and diagnose the equipment under load.
This change will require production to
cease except during actual testing.
Accumulations of coal and combustible
materials referenced in 30 CFR 75.400
will be removed before testing begins to
provide additional safety to miners.
(8) Nonpermissible electronic testing
and diagnostic equipment will not be
used to test equipment when float coal
dust is in suspension.
(9) All electronic testing and
diagnostic equipment will be used in
accordance with the safe use procedures
recommended by the manufacturer.
(10) Qualified personnel who use
electronic testing and diagnostic
equipment will be properly trained to
recognize the hazards and limitations
associated with use of the equipment.
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(11) Any piece of equipment subject
to this petition will be inspected by
MSHA prior to initially placing it in
service underground.
(12) Cables supplying power to lowvoltage test and diagnostic equipment
will only be used when permissible
testing and diagnostic equipment are
unavailable. 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 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 afforded by the
existing standard.
Docket Number: M–2014–006–M.
Petitioner: Martin Marietta Kansas
City, LLC, 1099 18th Street, Suite 2150,
Denver, Colorado 80202.
Mine: Randolph Deep Mine, MSHA
I.D. No. 23–02308, located in Reynolds
County, Missouri.
Regulation Affected: 30 CFR
57.11052(d) (Refuge areas).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of
compressed air or oxygen in canisters,
cylinders, or bottles in lieu of
compressed air lines and the use of
sealed bottled water supply in lieu of
waterlines in the Randolph Deep Mine.
The petitioner states that:
(1) The Randolph Mine is an
underground limestone mine. The
active workings are accessed from the
surface via twin declines, located
adjacent to one another and each 6750
feet long.
(2) On the current mining level, there
is no surface access that would make it
feasible for air or waterlines from the
surface to reach the current mine
workings.
(3) Compressed air is not in use
underground except for small air
compressors in the maintenance
facilities.
(4) Potable water is currently supplied
via bottled water to the underground
workings. Due to the length of air and
waterline required from the mine
portals (i.e., 6750 feet) and the potential
of damage to either or both lines during
an emergency, the required method
would not provide adequate protection
for the miners.
The petitioner proposes to:
(a) Use a refuge chamber made of
steel. The refuge chamber has inside
dimensions of 8 feet wide x 19.5 feet
long x 7.75 feet high for a total of 1209
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cubic feet of space or 156 square feet of
floor space. This refuge chamber will be
located on the mining level within a 30minute walking distance from the
working face. The refuge chamber will
be equipped for a maximum of 20
miners. This capacity exceeds the
normal work crew on any given day.
(b) Use compressed air to the
following specifications:
(i) Only grade D breathing air will be
supplied;
(ii) A supply of no less than 2880
liters of compressed air per day per
person for a minimum of 4 days will be
provided;
(iii) Cylinders will be stored in a safe
manner and in compliance with MSHA
standards 30 CFR 57.16005 and
57.16006, away from flammable and
combustible materials;
(iv) A regulator system for regulating
the flow of compressed air at a rate of
2 liters per minute per person will be
provided with the refuge chamber
supplies, and an extra regulator will be
kept within the refuge chamber;
(v) Equipment designed for
monitoring the oxygen and carbon
dioxide level of the ambient air in the
refuge chamber will be provided with
the refuge chamber supplies;
(vi) The condition and pressure of the
cylinders will be inspected on a
monthly basis;
(vii) Tools and any repair parts
recommended by the manufacturer for
the compressed air system will be kept
within the refuge chamber; and
(viii) A ball valve air vent will be
installed in the wall of the refuge
chamber to relieve pressure buildup
from the use of the compressed air
inside the chamber.
(c) In the alternative, the refuge
chamber will be equipped with a
compressed oxygen supply to the
following specifications:
(i) Only medical or airline quality
(United States Pharmacopeia) oxygen
will be supplied in refuge chambers;
(ii) A supply of no less than 550 liters
of oxygen per day per person for a
minimum of 4 days will be provided;
(iii) Oxygen cylinders will be stored
in a safe manner, in compliance with
MSHA standards 30 CFR 57.16005 and
57.16006, away from flammable and
combustible materials;
(iv) An oxygen regulator for regulating
the flow of oxygen and monitoring the
reserve available will be provided with
the refuge chamber supplies, and an
extra oxygen regulator will be kept
within the refuge chamber;
(v) Equipment designed for
monitoring the oxygen and carbon
dioxide level of the ambient air in the
refuge chamber will be provided with
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the refuge chamber supplies. Oxygen
levels will not exceed 23 percent inside
the refuge chamber;
(vi) The condition and pressure of the
cylinders will be inspected on a
monthly basis;
(vii) Tools and any repair parts
recommended by the manufacturer for
the compressed oxygen system will be
kept within the refuge chamber;
(viii) An electric-powered CO2
scrubbing system will be included
within the refuge chamber which will
be provided with a 96 hour battery
backup in the event of lost power.
Sufficient CO2 scrubbing cartridges will
be provided for 20 miners for up to 96
hours to maintain a carbon dioxide level
below 1 percent; and
(ix) A ball valve air vent will be
installed in the wall of the refuge
chamber to relieve pressure buildup
from the use of the compressed air
inside the chamber.
(d) The oxygen supply and carbon
dioxide will be monitored via a handheld mine gas meter and kept in the
refuge chamber with battery backup to
ensure availability of use when
required. The refuge chamber will be
provided with a hand-held mine gas
meter for air monitoring and also have
a battery-powered mine telephone.
(e) Commercially purchased water
will be supplied in sealed individual
portion-sized bottles in the refuge
chamber. There will be a supply of 2.5
quarts of water per day per person for
four days, for a total of 50 gallons
minimum, with a shelf life of two years.
The condition and quantity of the water
will be confirmed by inspection on a
monthly basis. Written instructions for
conservation of water will be provided
with the refuge chamber supplies.
(f) A minimum of 2000 calories of
food per person per day sufficient for 20
miners for 96 hours will be included
within the refuge chamber.
(g) All miners affected will receive
training in the operation of the refuge
chamber and will receive refresher
training annually.
(h) The refuge chamber will be
inspected monthly and documented by
the mine Manager or designee.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded the
miners by the existing standard.
Dated: July 31, 2014.
Sheila McConnell,
Acting Director, Office of Standards,
Regulations and Variances.
[FR Doc. 2014–18427 Filed 8–4–14; 8:45 am]
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NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–2014–046]
Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments.
AGENCY:
The National Archives and
Records Administration (NARA)
publishes notice at least once monthly
of certain Federal agency requests for
records disposition authority (records
schedules). Once approved by NARA,
records schedules provide mandatory
instructions on what happens to records
when no longer needed for current
Government business. They authorize
the preservation of records of
continuing value in the National
Archives of the United States and the
destruction, after a specified period, of
records lacking administrative, legal,
research, or other value. Notice is
published for records schedules in
which agencies propose to destroy
records not previously authorized for
disposal or reduce the retention period
of records already authorized for
disposal. NARA invites public
comments on such records schedules, as
required by 44 U.S.C. 3303a(a).
DATES: Requests for copies must be
received in writing on or before
September 4, 2014. Once the appraisal
of the records is completed, NARA will
send a copy of the schedule. NARA staff
usually prepare appraisal
memorandums that contain additional
information concerning the records
covered by a proposed schedule. These,
too, may be requested and will be
provided once the appraisal is
completed. Requesters will be given 30
days to submit comments.
ADDRESSES: You may request a copy of
any records schedule identified in this
notice by contacting Records
Management Services (ACNR) using one
of the following means:
Mail: NARA (ACNR), 8601 Adelphi
Road, College Park, MD 20740–6001.
Email: request.schedule@nara.gov.
FAX: 301–837–3698.
Requesters must cite the control
number, which appears in parentheses
after the name of the agency which
submitted the schedule, and must
provide a mailing address. Those who
desire appraisal reports should so
indicate in their request.
FOR FURTHER INFORMATION CONTACT:
Margaret Hawkins, Director, Records
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45465-45468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18427]
-----------------------------------------------------------------------
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 September 4, 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-2014-022-C.
Petitioner: Mountain Coal Company, P.O. Box 591, 5174 Highway 133,
Somerset, Colorado 81434.
Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner requests that a previously
granted petition for modification, Docket No. M-1999-113-C, be amended.
The petitioner proposes to add two additional road Getman graders,
model RDG-1504 serial number 7004, and model RDG-1504C serial number
6718. The maximum speed on the Getman graders will be limited to 10
miles per hour or less by blocking out gear ratios that would provide
higher speeds. Grader operators will be trained to recognize
appropriate levels of speed for different road conditions and slopes.
Grader operators will be trained to lower the moldboard (grader blade)
to provide additional stopping capability in emergencies.
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. These revisions will
specify initial and refresher training regarding the terms and
conditions in the Proposed Decision and Order.
[[Page 45466]]
The petitioner asserts that the additional graders under the
existing terms and conditions of the petition for modification will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2014-023-C.
Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor 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 nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment in or inby
the last open crosscut. The petitioner states that:
(1) Nonpermissible electronic testing and diagnostic equipment to
be used includes: Laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; signal analyzer devices; ultrasonic measuring
devices; electronic component testers; and electronic tachometers.
Other testing and diagnostic equipment may be used if approved in
advance by MSHA's district office. Permissible approved voltage
measuring instruments are available and will be used when possible.
(2) All other testing and diagnostic equipment used in or inby the
last open crosscut will be permissible.
(3) All nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment used in or
inby the last open crosscut will be examined by a qualified person
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examination results will be recorded and
retained for one year and will be made available to MSHA on request.
(4) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment in or
inby the last open crosscut.
(5) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When methane is detected while the nonpermissible electronic
equipment is being used, the equipment will be deenergized immediately
and the nonpermissible electronic equipment withdrawn outby the last
open crosscut.
(6) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(7) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the section will cease. However, coal
may remain in or on the equipment to test and diagnose the equipment
under load. This change will require production to cease except during
actual testing. Accumulations of coal and combustible materials
referenced in 30 CFR 75.400 will be removed before testing begins to
provide additional safety to miners.
(8) Nonpermissible electronic testing and diagnostic equipment will
not be used to test equipment when float coal dust is in suspension.
(9) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(10) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(11) Any piece of equipment subject to this petition will be
inspected by MSHA prior to initially placing it in service underground.
(12) Cables supplying power to low-voltage test and diagnostic
equipment will only be used when permissible testing and diagnostic
equipment are unavailable.
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 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
afforded by the existing standard.
Docket Number: M-2014-024-C.
Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor 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 nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment in return
airways. The petitioner states that:
(1) Nonpermissible electronic testing and diagnostic equipment to
be used includes: Laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; signal analyzer devices; ultrasonic measuring
devices; electronic component testers; and electronic tachometers.
Other testing and diagnostic equipment may be used if approved in
advance by MSHA's district office. Permissible approved voltage
measuring instruments are available and will be used when possible.
(2) All other testing and diagnostic equipment used in return
airways will be permissible.
(3) All nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic used in return airways
will be examined by a qualified person prior to use to ensure the
equipment is being maintained in a safe operating condition. These
examination results will be recorded and retained for one year and will
be made available to MSHA on request.
(4) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment in return
airways.
(5) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When 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 out of
return airways.
(6) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(7) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the section will cease. However, coal
may remain in or on the equipment to test and diagnose the equipment
under load. This change will require production to cease except during
actual testing. Accumulations of coal and combustible materials
referenced in 30 CFR 75.400
[[Page 45467]]
will be removed before testing begins to provide additional safety to
miners.
(8) Nonpermissible electronic testing and diagnostic equipment will
not be used to test equipment when float coal dust is in suspension.
(9) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(10) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(11) Any piece of equipment subject to this petition will be
inspected by MSHA prior to initially placing it in service underground.
(12) Cables supplying power to low-voltage test and diagnostic
equipment will only be used when permissible testing and diagnostic
equipment are unavailable.
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 refresher training regarding the terms and
conditions in the Proposed Decision and Order.
The petitioner asserts that the proposed alternative method in this
will at all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2014-025-C.
Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West
Virginia 26354.
Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor 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 nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment within 150
feet of pillar workings. The petitioner states that:
(1) Nonpermissible electronic testing and diagnostic equipment to
be used includes: Laptop computers; oscilloscopes; vibration analysis
machines; cable fault detectors; point temperature probes; infrared
temperature devices; signal analyzer devices; ultrasonic measuring
devices; electronic component testers; and electronic tachometers.
Other testing and diagnostic equipment may be used if approved in
advance by MSHA's district office. Permissible approved voltage
measuring instruments are available and will be used when possible.
(2) All other testing and diagnostic equipment used within 150 feet
of pillar workings or longwall faces will be permissible.
(3) All nonpermissible low-voltage or battery-powered
nonpermissible electronic testing and diagnostic equipment used within
150 feet of pillar workings will be examined by a qualified person
prior to use to ensure the equipment is being maintained in a safe
operating condition. These examination results will be recorded and
retained for one year and will be made available to MSHA on request.
(4) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic testing and diagnostic equipment within
150 feet of pillar workings.
(5) Nonpermissible electronic testing and diagnostic equipment will
not be used if methane is detected in concentrations at or above one
percent. When 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 further
than 150 feet from pillar workings.
(6) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(7) Except for time necessary to troubleshoot under actual mining
conditions, coal production in the section will cease. However, coal
may remain in or on the equipment to test and diagnose the equipment
under load. This change will require production to cease except during
actual testing. Accumulations of coal and combustible materials
referenced in 30 CFR 75.400 will be removed before testing begins to
provide additional safety to miners.
(8) Nonpermissible electronic testing and diagnostic equipment will
not be used to test equipment when float coal dust is in suspension.
(9) All electronic testing and diagnostic equipment will be used in
accordance with the safe use procedures recommended by the
manufacturer.
(10) Qualified personnel who use electronic testing and diagnostic
equipment will be properly trained to recognize the hazards and
limitations associated with use of the equipment.
(11) Any piece of equipment subject to this petition will be
inspected by MSHA prior to initially placing it in service underground.
(12) Cables supplying power to low-voltage test and diagnostic
equipment will only be used when permissible testing and diagnostic
equipment are unavailable. 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 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
afforded by the existing standard.
Docket Number: M-2014-006-M.
Petitioner: Martin Marietta Kansas City, LLC, 1099 18th Street,
Suite 2150, Denver, Colorado 80202.
Mine: Randolph Deep Mine, MSHA I.D. No. 23-02308, located in
Reynolds County, Missouri.
Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of compressed air or oxygen in
canisters, cylinders, or bottles in lieu of compressed air lines and
the use of sealed bottled water supply in lieu of waterlines in the
Randolph Deep Mine. The petitioner states that:
(1) The Randolph Mine is an underground limestone mine. The active
workings are accessed from the surface via twin declines, located
adjacent to one another and each 6750 feet long.
(2) On the current mining level, there is no surface access that
would make it feasible for air or waterlines from the surface to reach
the current mine workings.
(3) Compressed air is not in use underground except for small air
compressors in the maintenance facilities.
(4) Potable water is currently supplied via bottled water to the
underground workings. Due to the length of air and waterline required
from the mine portals (i.e., 6750 feet) and the potential of damage to
either or both lines during an emergency, the required method would not
provide adequate protection for the miners.
The petitioner proposes to:
(a) Use a refuge chamber made of steel. The refuge chamber has
inside dimensions of 8 feet wide x 19.5 feet long x 7.75 feet high for
a total of 1209
[[Page 45468]]
cubic feet of space or 156 square feet of floor space. This refuge
chamber will be located on the mining level within a 30-minute walking
distance from the working face. The refuge chamber will be equipped for
a maximum of 20 miners. This capacity exceeds the normal work crew on
any given day.
(b) Use compressed air to the following specifications:
(i) Only grade D breathing air will be supplied;
(ii) A supply of no less than 2880 liters of compressed air per day
per person for a minimum of 4 days will be provided;
(iii) Cylinders will be stored in a safe manner and in compliance
with MSHA standards 30 CFR 57.16005 and 57.16006, away from flammable
and combustible materials;
(iv) A regulator system for regulating the flow of compressed air
at a rate of 2 liters per minute per person will be provided with the
refuge chamber supplies, and an extra regulator will be kept within the
refuge chamber;
(v) Equipment designed for monitoring the oxygen and carbon dioxide
level of the ambient air in the refuge chamber will be provided with
the refuge chamber supplies;
(vi) The condition and pressure of the cylinders will be inspected
on a monthly basis;
(vii) Tools and any repair parts recommended by the manufacturer
for the compressed air system will be kept within the refuge chamber;
and
(viii) A ball valve air vent will be installed in the wall of the
refuge chamber to relieve pressure buildup from the use of the
compressed air inside the chamber.
(c) In the alternative, the refuge chamber will be equipped with a
compressed oxygen supply to the following specifications:
(i) Only medical or airline quality (United States Pharmacopeia)
oxygen will be supplied in refuge chambers;
(ii) A supply of no less than 550 liters of oxygen per day per
person for a minimum of 4 days will be provided;
(iii) Oxygen cylinders will be stored in a safe manner, in
compliance with MSHA standards 30 CFR 57.16005 and 57.16006, away from
flammable and combustible materials;
(iv) An oxygen regulator for regulating the flow of oxygen and
monitoring the reserve available will be provided with the refuge
chamber supplies, and an extra oxygen regulator will be kept within the
refuge chamber;
(v) Equipment designed for monitoring the oxygen and carbon dioxide
level of the ambient air in the refuge chamber will be provided with
the refuge chamber supplies. Oxygen levels will not exceed 23 percent
inside the refuge chamber;
(vi) The condition and pressure of the cylinders will be inspected
on a monthly basis;
(vii) Tools and any repair parts recommended by the manufacturer
for the compressed oxygen system will be kept within the refuge
chamber;
(viii) An electric-powered CO2 scrubbing system will be
included within the refuge chamber which will be provided with a 96
hour battery backup in the event of lost power. Sufficient
CO2 scrubbing cartridges will be provided for 20 miners for
up to 96 hours to maintain a carbon dioxide level below 1 percent; and
(ix) A ball valve air vent will be installed in the wall of the
refuge chamber to relieve pressure buildup from the use of the
compressed air inside the chamber.
(d) The oxygen supply and carbon dioxide will be monitored via a
hand-held mine gas meter and kept in the refuge chamber with battery
backup to ensure availability of use when required. The refuge chamber
will be provided with a hand-held mine gas meter for air monitoring and
also have a battery-powered mine telephone.
(e) Commercially purchased water will be supplied in sealed
individual portion-sized bottles in the refuge chamber. There will be a
supply of 2.5 quarts of water per day per person for four days, for a
total of 50 gallons minimum, with a shelf life of two years. The
condition and quantity of the water will be confirmed by inspection on
a monthly basis. Written instructions for conservation of water will be
provided with the refuge chamber supplies.
(f) A minimum of 2000 calories of food per person per day
sufficient for 20 miners for 96 hours will be included within the
refuge chamber.
(g) All miners affected will receive training in the operation of
the refuge chamber and will receive refresher training annually.
(h) The refuge chamber will be inspected monthly and documented by
the mine Manager or designee.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded the miners by the existing standard.
Dated: July 31, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-18427 Filed 8-4-14; 8:45 am]
BILLING CODE 4510-43-P
