Petitions for Modification of Application of Existing Mandatory Safety Standards, 17502-17506 [2015-07388]

Download as PDF 17502 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices for the webinar. They will participate in the webinar from their respective home jurisdictions. Written Comments: Interested parties may submit written comments by email message in advance of the webinar to Kathi Grasso, Designated Federal Official, at Kathi.Grasso@usdoj.gov, no later than Monday, April 20, 2015. In the alternative, interested parties may fax comments to 202–307–2819 and contact Joyce Mosso Stokes at 202–305– 4445 to ensure that they are received. [These are not toll-free numbers.] Robert L. Listenbee, Administrator, Office of Juvenile Justice and Delinquency Prevention. [FR Doc. 2015–07419 Filed 3–31–15; 8:45 am] BILLING CODE 4410–18–P DEPARTMENT OF JUSTICE Federal Bureau of Investigation Meeting of the Compact Council for the National Crime Prevention and Privacy Compact Federal Bureau of Investigation, Department of Justice. ACTION: Meeting notice. AGENCY: The purpose of this notice is to announce a meeting of the National Crime Prevention and Privacy Compact Council (Council) created by the National Crime Prevention and Privacy Compact Act of 1998 (Compact). Thus far, the Federal Government and 30 states are parties to the Compact which governs the exchange of criminal history records for licensing, employment, and similar purposes. The Compact also provides a legal framework for the establishment of a cooperative federalstate system to exchange such records. The United States Attorney General appointed 15 persons from state and federal agencies to serve on the Council. The Council will prescribe system rules and procedures for the effective and proper operation of the Interstate Identification Index system for noncriminal justice purposes. Matters for discussion are expected to include: (1) Bureau of Indian Affairs Purpose Code X Proposal (2) Proposed Changes to the Noncriminal Justice Rap Back Policy and Implementation Guide (3) National Crime Prevention and Privacy Compact Ratification Checklist The meeting will be open to the public on a first-come, first-seated basis. Any member of the public wishing to file a written statement with the Council or wishing to address this session of the mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 Council should notify the Federal Bureau Of Investigation (FBI) Compact Officer, Mr. Gary S. Barron at (304) 625– 2803, at least 24 hours prior to the start of the session. The notification should contain the individual’s name and corporate designation, consumer affiliation, or government designation, along with a short statement describing the topic to be addressed and the time needed for the presentation. Individuals will ordinarily be allowed up to 15 minutes to present a topic. Dates and Times: The Council will meet in open session from 9 a.m. until 5 p.m., on May 13–14, 2015. ADDRESSES: The meeting will take place at the Knoxville Marriott Hotel, 501 East Hill Avenue, Knoxville, Tennessee, telephone 865–637–1234. FOR FURTHER INFORMATION CONTACT: Inquiries may be addressed to Mr. Gary S. Barron, FBI Compact Officer, Module D3, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306, telephone (304) 625–2803, facsimile (304) 625–2868. Dated: March 24, 2015. Gary S. Barron, FBI Compact Officer, Criminal Justice Information, Services Division, Federal Bureau of Investigation. [FR Doc. 2015–07426 Filed 3–31–15; 8:45 am] BILLING CODE 4410–02–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 Title 30 of the Code of Federal Regulations, 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. DATES: All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before May 1, 2015. 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 SUMMARY: PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 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 Numbers: M–2015–003–C. Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern Cambria, Pennsylvania 15714. Mines: Coral-Graceton Mine, MSHA I.D. No. 36–09595 and Crooked Creek Mine, MSHA I.D. No. 36–09972, both located in Indiana County, Pennsylvania. Regulation Affected: 30 CFR 75.503 (Permissible electric face equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables and cords). E:\FR\FM\01APN1.SGM 01APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices Modification Request: The petitioner requests a modification of the existing standard to permit the use of 480-volt trailing cables with a maximum length of 1200 feet when No. 2 American Wire Gauge (AWG) cable is used and a maximum length of 950 feet when No. 4 AWG cable is used on roof bolters. The petitioner states that: (1) The trailing cables for the 480-volt bolters will not be smaller than No. 4 AWG cable. (2) All circuit breakers used to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable exceeding 700 feet in length will have instantaneous trip units calibrated to trip at 500 amperes. The trip setting of these circuit breakers will be sealed to ensure that the settings cannot be changed, and these circuit breakers will have permanent, legible labels. Each label will identify the circuit breaker as being suitable for protecting the cables. (3) Replacement circuit breakers and/ or instantaneous trip units used to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing cable will be calibrated to trip at 500 amperes and they will be sealed. (4) All components that provide shortcircuit protection will have a sufficient interruption rating in accordance with the maximum calculated fault currents available. (5) During each production day, the trailing cables and the circuit breakers will be examined in accordance with all 30 CFR provisions. (6) Permanent warning labels will be installed and maintained on the load center identifying the location of each short-circuit protection device. These labels will warn miners not to change or alter the settings of these devices. (7) If the affected trailing cables are damaged in any way during the shift, the cable will be de-energized and repairs made. (8) The alternative method will not be implemented until all miners who have been designated to operate the bolters, or any other person designated to examine the trailing cables or trip settings on the circuit breakers, have received the proper training as to the performance of their duties. (9) Within 60 days after the proposed decision and order becomes final, the petitioner will submit proposed revisions for their approved 30 CFR part 48 training plans to the District Manager. These revisions will specify task training for miners designated to examine the trailing cables for safe operating condition and verify that the short-circuit settings of the circuitinterrupting devices that protect the affected trailing cables do not exceed VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 the settings specified previously in this petition. The training will include the following elements: (a) The hazards of setting the shortcircuit interrupting device(s) too high to adequately protect the trailing cables. (b) How to verify that the circuit interrupting device(s) protecting the trailing cable(s) are properly set and maintained. (c) Mining methods and operating procedures that will protect the trailing cables against damage. (d) Proper procedures for examining the trailing cables to ensure that the cables are in safe operating condition by visually inspecting the entire cable, observing the insulation, the integrity of splices, nicks and abrasions. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the standard. Docket Numbers: M–2015–004–C. Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado 81428. Mine: Bowie No. 2 Mine, MSHA I.D. No. 05–04591, located in Delta County, Colorado. 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 infrared scanning and digital camera equipment in or inby the last open crosscut. The petitioner asserts that equivalent permissible equipment does not exist. The petitioner states that: (1) Prohibiting the use of an infrared (IR) digital camera under the existing standard will result in the reduction of safety for the miners at the Bowie No. 2 Mine. The use of the IR will provide an effective method to detect and identify small areas of higher than normal coal pillar oxidation that may lead to spontaneous combustion. (2) Using currently available means of detecting coal pillar oxidation, which is limited to hand-held carbon monoxide detectors, odor, or smoke is ineffective and may allow oxidation to become a heating or spontaneous combustion event. (3) In the alternative to compliance with the existing standard the petitioner proposes the following: (a) Nonpermissible infrared IR scanning and digital equipment will be used only when equivalent permissible equipment does not exist. (b) All nonpermissible battery operated IR equipment will be limited to: (i) Flir i50 7.2 volt Li/ion S/N 399002500. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 17503 (ii) Flir E5 3.6 volt Li/ion S/N 63913354. (iii) Flir E5 3.6 volt Li/ion S/N 63917252. (4) Nonpermissible IR equipment will only be used until equivalent permissible IR is available. (5) A logbook will be maintained for electronic IR and will be kept in the mine office where the equipment is located. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic IR equipment and will be made available to MSHA on request. (6) All nonpermissible electronic IR equipment to be used in or inby the last open crosscut will be examined by the person that will operate the equipment, prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These checks will include: (i) Checking the instrument for any physical damage and the integrity of the case. (ii) Removing the battery and inspecting for corrosion. (iii) Inspecting the contact points to ensure a secure connection to the battery. (iv) Reinserting the battery and powering up and shutting down to ensure proper connections. (v) Checking the battery compartment cover to ensure that it is securely fastened. (vi) Recording the results of the inspection in the equipment logbook. (7) The equipment will be examined at least weekly by a qualified person as defined in 30 CFR 75.153. The examination results will be recorded weekly in the logbook. Inspection entries in the logbook may be expunged after one year. (8) All nonpermissible electronic IR equipment will be serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment logbook and will include a description of the work performed. (9) The nonpermissible IR equipment that will be used in or inby the last open crosscut will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance. (10) Nonpermissible IR equipment will not be used if methane is detected in concentrations at or above one percent. When one percent or more of methane is detected while the nonpermissible IR equipment is being used, the equipment will be deenergized immediately and withdrawn outby the last open crosscut. Prior to returning inby the last open crosscut, all E:\FR\FM\01APN1.SGM 01APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 17504 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices requirements of 30 CFR 75.323 will be complied with. (11) As an additional safety check, prior to energizing nonpermissible IR equipment in or inby the last open crosscut, the operator of the equipment will conduct a visual examination of the immediate area for evidence that the area appears to be sufficiently rock dusted and for the presence of accumulated float coal dust. If the rock dusting appears insufficient or the presence of accumulated coal dust is observed, the equipment may not be energized until sufficient rock dust has been applied and/or the accumulations of coal dust have been cleaned up. If nonpermissible IR equipment is to be used in an area that is not rock dusted, within 40-feet of a working face where a continuous miner is used to extract coal, the area is to be rock dusted prior to energizing the electronic IR equipment. (12) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined by 30 CFR 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above one percent. (13) Prior to energizing the electronic IR equipment in or inby the last open crosscut, methane tests must be made no more than eight inches from the roof or floor in the area where the equipment is to be used. (14) All areas to be examined with nonpermissible IR equipment must be pre-shifted according to 30 CFR 75.360 prior to the IR examination. If the area is not pre-shifted a supplemental examination according to 30 CFR 75.361 must be performed before any noncertified person enters the area. If the area has been examined according to 30 CFR 75.360 or 75.361, an additional examination is not required. (15) A qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible IR equipment in or inby the last open crosscut. (16) Batteries contained in the IR equipment must be changed out or charged in intake air outby the last open crosscut. Replacement batteries for the electronic IR equipment will not be brought in or inby the last open crosscut. Upon entry into the mine, all batteries for the electronic infrared equipment must be fully charged. (17) When using nonpermissible electronic IR equipment in or inby the last open crosscut the operator must confirm by measurement or by inquiry of the person in charge of the section VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 that the air quantity on the section, on that shift, in the last open crosscut is the quantity that is required by the mine’s ventilation plan. (18) Personnel engaged in the use of IR equipment will be properly trained to recognize the hazards and limitations associated with the use of the equipment in areas where methane could be present. (19) All persons who operate nonpermissible electronic IR equipment will receive specific training on the terms and conditions of this petition before using nonpermissible electronic equipment in or inby the last open crosscut. A record of the training will be kept with other training records. (20) Within 60 days after the proposed decision and order (PDO) becomes final, the petitioner will submit proposed revisions for their approved 30 CFR part 48 training plans to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions of the PDO. When training is conducted an MSHA Certificate of Training (Form 5000–23) will be completed. Comments on the certificate of training will indicate IR operator training. 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 Numbers: M–2015–005–C. Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado 81428. Mine: Bowie No. 2 Mine, MSHA I.D. No. 05–04591, located in Delta County, Colorado. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible infrared scanning and digital camera equipment in return airways. The petitioner asserts that equivalent permissible equipment does not exist. The petitioner states that: (1) Prohibiting the use of an infrared (IR) digital camera under the existing standard will result in the reduction of safety for the miners at the Bowie No. 2 Mine. The use of the IR will provide an effective method to detect and identify small areas of higher than normal coal pillar oxidation that may lead to spontaneous combustion. (2) Using currently available means of detecting coal pillar oxidation, which is limited to hand-held carbon monoxide PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 detectors, odor, or smoke is ineffective and may allow oxidation to become a heating or spontaneous combustion event. (3) In the alternative to compliance with the existing standard the petitioner proposes the following: (a) Nonpermissible IR scanning and digital equipment will be used only when equivalent permissible equipment does not exist. (b) All nonpermissible battery operated IR equipment will be limited to: (i) Flir i50 7.2 volt Li/ion S/N 399002500. (ii) Flir E5 3.6 volt Li/ion S/N 63913354. (iii) Flir E5 3.6 volt Li/ion S/N 63917252. (4) Nonpermissible IR equipment will only be used until equivalent permissible IR is available. (5) A logbook will be maintained for electronic IR and will be kept in the mine office where the equipment is located. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic IR equipment and will be made available to MSHA on request. (6) All nonpermissible electronic IR equipment to be used in a return airway will be examined by the person that will operate the equipment, prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These checks will include: (i) Checking the instrument for any physical damage and the integrity of the case. (ii) Removing the battery and inspecting for corrosion. (iii) Inspecting the contact points to ensure a secure connection to the battery. (iv) Reinserting the battery and powering up and shutting down to ensure proper connections. (v) Checking the battery compartment cover to ensure that it is securely fastened. (vi) Recording the results of the inspection in the equipment logbook. (7) The equipment will be examined at least weekly by a qualified person as defined in 30 CFR 75.153. The examination results will be recorded weekly in the logbook. Inspection entries in the logbook may be expunged after one year. (8) All nonpermissible electronic IR equipment will be serviced according to the manufacturer’s recommendations. Dates of service will be recorded in the equipment logbook and will include a description of the work performed. (9) The nonpermissible IR equipment that will be used in return airways will E:\FR\FM\01APN1.SGM 01APN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance. (10) Nonpermissible IR equipment will not be used if methane is detected in concentrations at or above one percent. When one percent or more of methane is detected while the nonpermissible IR equipment is being used, the equipment will be deenergized immediately and withdrawn from the return airway. Prior to returning to the return airway, all requirements of 30 CFR 75.323 will be complied with. (11) As an additional safety check, prior to energizing nonpermissible IR equipment in a return airway, the operator of the equipment will conduct a visual examination of the immediate area for evidence that the area appears to be sufficiently rock dusted and for the presence of accumulated float coal dust. If the rock dusting appears insufficient or the presence of accumulated coal dust is observed, the equipment may not be energized until sufficient rock dust has been applied and/or the accumulations of coal dust have been cleaned up. (12) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper condition as defined by 30 CFR 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above one percent. (13) Prior to energizing the electronic IR equipment in a return airway, methane tests must be made no more than eight inches from the roof or floor in the area where the equipment is to be used. (14) All areas to be examined with nonpermissible IR equipment must be pre-shifted according to 30 CFR 75.360 prior to the IR examination. If the area is not pre-shifted a supplemental examination according to 30 CFR 75.361 must be performed before any noncertified person enters the area. If the area has been examined according to 30 CFR 75.360 or 75.361, an additional examination is not required. (15) A qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible IR equipment in a return airway. (16) Batteries contained in the IR equipment must be changed out or charged in intake air outside of a return airway. Replacement batteries for the electronic IR equipment will not be brought into a return airway. Upon entry into the mine all batteries for the electronic IR equipment must be fully charged. VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 (17) When using nonpermissible electronic IR equipment in a return airway, the operator must confirm by measurement or by inquiry of the person in charge of the section that the air quantity in the return airway, on that shift, is the quantity that is required by the mine’s ventilation plan. (18) Personnel engaged in the use of IR equipment will be properly trained to recognize the hazards and limitations associated with the use of IR equipment in areas where methane could be present. (19) All persons who operate nonpermissible electronic IR equipment will receive specific training on the terms and conditions of this petition before using nonpermissible electronic equipment in a return airway. A record of the training will be kept with other training records. (20) Within 60 days after the proposed decision and order (PDO) becomes final, the petitioner will submit proposed revisions for their approved 30 CFR part 48 training plans to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions of the PDO. When training is conducted an MSHA Certificate of Training (Form 5000–23) will be completed. Comments on the certificate of training will indicate IR operator training. 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 Numbers: M–2015–006–C. Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado 81428. Mine: Bowie No. 2 Mine, MSHA I.D. No. 05–04591, located in Delta County, Colorado. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of battery-powered nonpermissible infrared scanning and digital camera equipment within 150 feet of a pillar line or longwall face. The petitioner asserts that equivalent permissible equipment does not exist. The petitioner states that: (1) Prohibiting the use of an infrared (IR) digital camera under the existing standard will result in the reduction of safety for the miners at the Bowie No. 2 Mine. The use of the IR will provide an effective method to detect and identify small areas of higher than PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 17505 normal coal pillar oxidation that may lead to spontaneous combustion. (2) Using currently available means of detecting coal pillar oxidation, which is limited to hand-held carbon monoxide detectors, odor, or smoke is ineffective and may allow oxidation to become a heating or spontaneous combustion event. (3) In the alternative to compliance with the existing standard the petitioner proposes the following: (a) Nonpermissible IR scanning and digital equipment will be used only when equivalent permissible equipment does not exist. (b) All nonpermissible battery operated IR equipment will be limited to: (i) Flir i50 7.2 volt Li/ion S/N 399002500. (ii) Flir E5 3.6 volt Li/ion S/N 63913354. (iii) Flir E5 3.6 volt Li/ion S/N 63917252. (4) Nonpermissible IR equipment will only be used until equivalent permissible IR is available. (5) A logbook will be maintained for electronic IR and will be kept in the mine office where the equipment is located. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic IR equipment and will be made available to MSHA on request. (6) All nonpermissible electronic IR equipment to be used within 150 feet of a pillar line or longwall face will be examined by the person that will operate the equipment, prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These checks will include: (i) Checking the instrument for any physical damage and the integrity of the case. (ii) Removing the battery and inspecting for corrosion. (iii) Inspecting the contact points to ensure a secure connection to the battery. (iv) Reinserting the battery and powering up and shutting down to ensure proper connections. (v) Checking the battery compartment cover to ensure that it is securely fastened. (vi) Recording the results of the inspection in the equipment logbook. (7) The equipment will be examined at least weekly by a qualified person as defined in 30 CFR 75.153. The examination results will be recorded weekly in the logbook. Inspection entries in the logbook may be expunged after one year. (8) All nonpermissible electronic IR equipment will be serviced according to E:\FR\FM\01APN1.SGM 01APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 17506 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Notices the manufacturer’s recommendations. Dates of service will be recorded in the equipment logbook and will include a description of the work performed. (9) The nonpermissible IR equipment that will be used within 150 feet of a pillar line or longwall face will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance. (10) Nonpermissible IR equipment will not be used if methane is detected in concentrations at or above one percent. When one percent or more of methane is detected while the nonpermissible IR equipment is being used, the equipment will be deenergized immediately and withdrawn from within 150 feet of the pillar line or longwall face. Prior to returning to within 150 feet of a pillar line or longwall face, all requirements of 30 CFR 75.323 will be complied with. (11) As an additional safety check, prior to energizing nonpermissible IR equipment within 150 feet of a pillar line or longwall face, the operator of the equipment will conduct a visual examination of the immediate area for evidence that the area appears to be sufficiently rock dusted and for the presence of accumulated float coal dust. If the rock dusting appears insufficient or the presence of accumulated coal dust is observed, the equipment may not be energized until sufficient rock dust has been applied and/or the accumulations of coal dust have been cleaned up. (12) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper condition as defined by 30 CFR 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above one percent. (13) Prior to energizing the electronic IR equipment within 150 feet of a pillar line or longwall face, methane tests must be made no more than eight inches from the roof or floor in the area where the equipment is to be used. (14) All areas to be examined with nonpermissible IR equipment must be pre-shifted according to 30 CFR 75.360 prior to the IR examination. If the area is not pre-shifted a supplemental examination according to 30 CFR 75.361 must be performed before any noncertified person enters the area. If the area has been examined according to 30 CFR 75.360 or 75.361, an additional examination is not required. (15) A qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible IR VerDate Sep<11>2014 18:37 Mar 31, 2015 Jkt 235001 equipment within 150 feet of a pillar line or longwall face. (16) Batteries contained in the IR equipment must be changed out or charged in intake air outside of 150 feet of a pillar line or longwall face. Replacement batteries for the electronic IR equipment will not be brought within 150 feet of a pillar line or longwall face. Upon entry into the mine all batteries for the electronic IR equipment must be fully charged. (17) When using nonpermissible electronic IR equipment within 150 feet of a pillar line or longwall face, the operator must confirm by measurement or by inquiry of the person in charge of the section that the intake air quantity to the pillar line or the longwall face, on that shift, is the quantity that is required by the mine’s ventilation plan. (18) Personnel engaged in the use of IR equipment will be properly trained to recognize the hazards and limitations associated with the use of IR equipment in areas where methane could be present. (19) All persons who operate nonpermissible electronic IR equipment will receive specific training on the terms and conditions of this petition before using nonpermissible electronic equipment within 150 feet of a pillar line or longwall face. A record of the training will be kept with other training records. (20) Within 60 days after the proposed decision and order (PDO) becomes final, the petitioner will submit proposed revisions for their approved 30 CFR part 48 training plans to the District Manager. These revisions will specify initial and refresher training regarding the terms and conditions of the PDO. When training is conducted an MSHA Certificate of Training (Form 5000–23) will be completed. Comments on the certificate of training will indicate IR operator training. 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 Numbers: M–2015–001–M. Petitioner: The Doe Run Company, Three Gateway Center, Suite 1500, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222–1000. Mines: Buick Mine/Mill, MSHA I.D. No. 23–00457 and Viburnum No. 35 (Casteel Mine), MSHA I.D. No. 23– 01800, located in Iron County, Missouri; Sweetwater Mine/Mill, MSHA I.D. No. 23–00458, Fletcher Mine/Mill, MSHA I.D. No. 23–00409, and Brushy Creek Mine/Mill, MSHA I.D. No. 23–00499, located in Reynolds County, Missouri; and Viburnum No. 29 Mine, MSHA I.D. PO 00000 Frm 00121 Fmt 4703 Sfmt 9990 No. 23–00495, located in Washington 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 cylinders and bottled water at its underground lead mines. The petitioner states that: (1) The mines consist of both development and production headings. Activities include drilling, blasting, scaling, loading and hauling of ore. (2) The compressed air and bottled water will be used in proposed refuge areas located at various locations. (3) The mines currently use designated points of safety (DPOS) located throughout the mine for areas of safe refuge in case of an emergency. The DPOS contains compressed air with a regulator, bottled water, first aid supplies, maps and a phone. (4) As an alternative to compliance with the existing standard, Doe Run proposes the following: (a) The proposed refuge chambers will be constructed out of fire resistant material. (b) The door to the proposed refuge chambers will have at least a fire rating of one and one-half hours. (c) The chamber will be equipped with at minimum three compressed air bottles each containing 7,929 liters at 310 cubic feet of Grade D breathing air; a regulator to meter the air; a minimum of 15 gallons of bottled water; first aid kit; stretcher; six tubes of latex caulk to seal around the door; one fire extinguisher; and a set of escape maps and an escape plan. (d) A pager phone will be used for communication. The phone line servicing the phone will be a heavy jacketed, shielded line that runs from the main shop area to the refuge area, and a second line will be installed. (e) The refuge chambers will be equipped with a ball valve located on the wall to relieve pressure build up from the use of the compressed air inside the chambers. (f) Two benches will be located along the walls to provide seating for the miners. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Dated: March 26, 2015. Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2015–07388 Filed 3–31–15; 8:45 am] BILLING CODE 4510–43–P E:\FR\FM\01APN1.SGM 01APN1

Agencies

[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Notices]
[Pages 17502-17506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07388]


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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 Title 30 of the Code of Federal Regulations, 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.

DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations, and Variances on or before May 1, 2015.

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 Numbers: M-2015-003-C.
    Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern 
Cambria, Pennsylvania 15714.
    Mines: Coral-Graceton Mine, MSHA I.D. No. 36-09595 and Crooked 
Creek Mine, MSHA I.D. No. 36-09972, both located in Indiana County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables 
and cords).

[[Page 17503]]

    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480-volt trailing cables with a 
maximum length of 1200 feet when No. 2 American Wire Gauge (AWG) cable 
is used and a maximum length of 950 feet when No. 4 AWG cable is used 
on roof bolters. The petitioner states that:
    (1) The trailing cables for the 480-volt bolters will not be 
smaller than No. 4 AWG cable.
    (2) All circuit breakers used to protect the No. 2 AWG trailing 
cable or the No. 4 AWG trailing cable exceeding 700 feet in length will 
have instantaneous trip units calibrated to trip at 500 amperes. The 
trip setting of these circuit breakers will be sealed to ensure that 
the settings cannot be changed, and these circuit breakers will have 
permanent, legible labels. Each label will identify the circuit breaker 
as being suitable for protecting the cables.
    (3) Replacement circuit breakers and/or instantaneous trip units 
used to protect the No. 2 AWG trailing cable or the No. 4 AWG trailing 
cable will be calibrated to trip at 500 amperes and they will be 
sealed.
    (4) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with the maximum 
calculated fault currents available.
    (5) During each production day, the trailing cables and the circuit 
breakers will be examined in accordance with all 30 CFR provisions.
    (6) Permanent warning labels will be installed and maintained on 
the load center identifying the location of each short-circuit 
protection device. These labels will warn miners not to change or alter 
the settings of these devices.
    (7) If the affected trailing cables are damaged in any way during 
the shift, the cable will be de-energized and repairs made.
    (8) The alternative method will not be implemented until all miners 
who have been designated to operate the bolters, or any other person 
designated to examine the trailing cables or trip settings on the 
circuit breakers, have received the proper training as to the 
performance of their duties.
    (9) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for their approved 
30 CFR part 48 training plans to the District Manager. These revisions 
will specify task training for miners designated to examine the 
trailing cables for safe operating condition and verify that the short-
circuit settings of the circuit-interrupting devices that protect the 
affected trailing cables do not exceed the settings specified 
previously in this petition. The training will include the following 
elements:
    (a) The hazards of setting the short-circuit interrupting device(s) 
too high to adequately protect the trailing cables.
    (b) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    (c) Mining methods and operating procedures that will protect the 
trailing cables against damage.
    (d) Proper procedures for examining the trailing cables to ensure 
that the cables are in safe operating condition by visually inspecting 
the entire cable, observing the insulation, the integrity of splices, 
nicks and abrasions.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.
    Docket Numbers: M-2015-004-C.
    Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado 
81428.
    Mine: Bowie No. 2 Mine, MSHA I.D. No. 05-04591, located in Delta 
County, Colorado.
    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 infrared scanning and 
digital camera equipment in or inby the last open crosscut. The 
petitioner asserts that equivalent permissible equipment does not 
exist. The petitioner states that:
    (1) Prohibiting the use of an infrared (IR) digital camera under 
the existing standard will result in the reduction of safety for the 
miners at the Bowie No. 2 Mine. The use of the IR will provide an 
effective method to detect and identify small areas of higher than 
normal coal pillar oxidation that may lead to spontaneous combustion.
    (2) Using currently available means of detecting coal pillar 
oxidation, which is limited to hand-held carbon monoxide detectors, 
odor, or smoke is ineffective and may allow oxidation to become a 
heating or spontaneous combustion event.
    (3) In the alternative to compliance with the existing standard the 
petitioner proposes the following:
    (a) Nonpermissible infrared IR scanning and digital equipment will 
be used only when equivalent permissible equipment does not exist.
    (b) All nonpermissible battery operated IR equipment will be 
limited to:
    (i) Flir i50 7.2 volt Li/ion S/N 399002500.
    (ii) Flir E5 3.6 volt Li/ion S/N 63913354.
    (iii) Flir E5 3.6 volt Li/ion S/N 63917252.
    (4) Nonpermissible IR equipment will only be used until equivalent 
permissible IR is available.
    (5) A logbook will be maintained for electronic IR and will be kept 
in the mine office where the equipment is located. The logbook will 
contain the date of manufacture and/or purchase of each particular 
piece of electronic IR equipment and will be made available to MSHA on 
request.
    (6) All nonpermissible electronic IR equipment to be used in or 
inby the last open crosscut will be examined by the person that will 
operate the equipment, prior to taking the equipment underground to 
ensure the equipment is being maintained in a safe operating condition. 
These checks will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (vi) Recording the results of the inspection in the equipment 
logbook.
    (7) The equipment will be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the logbook. Inspection entries in the logbook may 
be expunged after one year.
    (8) All nonpermissible electronic IR equipment will be serviced 
according to the manufacturer's recommendations. Dates of service will 
be recorded in the equipment logbook and will include a description of 
the work performed.
    (9) The nonpermissible IR equipment that will be used in or inby 
the last open crosscut will not be put into service until MSHA has 
initially inspected the equipment and determined that it is in 
compliance.
    (10) Nonpermissible IR equipment will not be used if methane is 
detected in concentrations at or above one percent. When one percent or 
more of methane is detected while the nonpermissible IR equipment is 
being used, the equipment will be deenergized immediately and withdrawn 
outby the last open crosscut. Prior to returning inby the last open 
crosscut, all

[[Page 17504]]

requirements of 30 CFR 75.323 will be complied with.
    (11) As an additional safety check, prior to energizing 
nonpermissible IR equipment in or inby the last open crosscut, the 
operator of the equipment will conduct a visual examination of the 
immediate area for evidence that the area appears to be sufficiently 
rock dusted and for the presence of accumulated float coal dust. If the 
rock dusting appears insufficient or the presence of accumulated coal 
dust is observed, the equipment may not be energized until sufficient 
rock dust has been applied and/or the accumulations of coal dust have 
been cleaned up. If nonpermissible IR equipment is to be used in an 
area that is not rock dusted, within 40-feet of a working face where a 
continuous miner is used to extract coal, the area is to be rock dusted 
prior to energizing the electronic IR equipment.
    (12) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined by 
30 CFR 75.320. All methane detectors must provide visual and audible 
warnings when methane is detected at or above one percent.
    (13) Prior to energizing the electronic IR equipment in or inby the 
last open crosscut, methane tests must be made no more than eight 
inches from the roof or floor in the area where the equipment is to be 
used.
    (14) All areas to be examined with nonpermissible IR equipment must 
be pre-shifted according to 30 CFR 75.360 prior to the IR examination. 
If the area is not pre-shifted a supplemental examination according to 
30 CFR 75.361 must be performed before any non-certified person enters 
the area. If the area has been examined according to 30 CFR 75.360 or 
75.361, an additional examination is not required.
    (15) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible IR equipment in or inby the last open crosscut.
    (16) Batteries contained in the IR equipment must be changed out or 
charged in intake air outby the last open crosscut. Replacement 
batteries for the electronic IR equipment will not be brought in or 
inby the last open crosscut. Upon entry into the mine, all batteries 
for the electronic infrared equipment must be fully charged.
    (17) When using nonpermissible electronic IR equipment in or inby 
the last open crosscut the operator must confirm by measurement or by 
inquiry of the person in charge of the section that the air quantity on 
the section, on that shift, in the last open crosscut is the quantity 
that is required by the mine's ventilation plan.
    (18) Personnel engaged in the use of IR equipment will be properly 
trained to recognize the hazards and limitations associated with the 
use of the equipment in areas where methane could be present.
    (19) All persons who operate nonpermissible electronic IR equipment 
will receive specific training on the terms and conditions of this 
petition before using nonpermissible electronic equipment in or inby 
the last open crosscut. A record of the training will be kept with 
other training records.
    (20) Within 60 days after the proposed decision and order (PDO) 
becomes final, the petitioner will submit proposed revisions for their 
approved 30 CFR part 48 training plans to the District Manager. These 
revisions will specify initial and refresher training regarding the 
terms and conditions of the PDO. When training is conducted an MSHA 
Certificate of Training (Form 5000-23) will be completed. Comments on 
the certificate of training will indicate IR operator training.
    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 Numbers: M-2015-005-C.
    Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado 
81428.
    Mine: Bowie No. 2 Mine, MSHA I.D. No. 05-04591, located in Delta 
County, Colorado.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible infrared scanning and 
digital camera equipment in return airways. The petitioner asserts that 
equivalent permissible equipment does not exist. The petitioner states 
that:
    (1) Prohibiting the use of an infrared (IR) digital camera under 
the existing standard will result in the reduction of safety for the 
miners at the Bowie No. 2 Mine. The use of the IR will provide an 
effective method to detect and identify small areas of higher than 
normal coal pillar oxidation that may lead to spontaneous combustion.
    (2) Using currently available means of detecting coal pillar 
oxidation, which is limited to hand-held carbon monoxide detectors, 
odor, or smoke is ineffective and may allow oxidation to become a 
heating or spontaneous combustion event.
    (3) In the alternative to compliance with the existing standard the 
petitioner proposes the following:
    (a) Nonpermissible IR scanning and digital equipment will be used 
only when equivalent permissible equipment does not exist.
    (b) All nonpermissible battery operated IR equipment will be 
limited to:
    (i) Flir i50 7.2 volt Li/ion S/N 399002500.
    (ii) Flir E5 3.6 volt Li/ion S/N 63913354.
    (iii) Flir E5 3.6 volt Li/ion S/N 63917252.
    (4) Nonpermissible IR equipment will only be used until equivalent 
permissible IR is available.
    (5) A logbook will be maintained for electronic IR and will be kept 
in the mine office where the equipment is located. The logbook will 
contain the date of manufacture and/or purchase of each particular 
piece of electronic IR equipment and will be made available to MSHA on 
request.
    (6) All nonpermissible electronic IR equipment to be used in a 
return airway will be examined by the person that will operate the 
equipment, prior to taking the equipment underground to ensure the 
equipment is being maintained in a safe operating condition. These 
checks will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (vi) Recording the results of the inspection in the equipment 
logbook.
    (7) The equipment will be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the logbook. Inspection entries in the logbook may 
be expunged after one year.
    (8) All nonpermissible electronic IR equipment will be serviced 
according to the manufacturer's recommendations. Dates of service will 
be recorded in the equipment logbook and will include a description of 
the work performed.
    (9) The nonpermissible IR equipment that will be used in return 
airways will

[[Page 17505]]

not be put into service until MSHA has initially inspected the 
equipment and determined that it is in compliance.
    (10) Nonpermissible IR equipment will not be used if methane is 
detected in concentrations at or above one percent. When one percent or 
more of methane is detected while the nonpermissible IR equipment is 
being used, the equipment will be deenergized immediately and withdrawn 
from the return airway. Prior to returning to the return airway, all 
requirements of 30 CFR 75.323 will be complied with.
    (11) As an additional safety check, prior to energizing 
nonpermissible IR equipment in a return airway, the operator of the 
equipment will conduct a visual examination of the immediate area for 
evidence that the area appears to be sufficiently rock dusted and for 
the presence of accumulated float coal dust. If the rock dusting 
appears insufficient or the presence of accumulated coal dust is 
observed, the equipment may not be energized until sufficient rock dust 
has been applied and/or the accumulations of coal dust have been 
cleaned up.
    (12) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper condition as defined by 30 CFR 
75.320. All methane detectors must provide visual and audible warnings 
when methane is detected at or above one percent.
    (13) Prior to energizing the electronic IR equipment in a return 
airway, methane tests must be made no more than eight inches from the 
roof or floor in the area where the equipment is to be used.
    (14) All areas to be examined with nonpermissible IR equipment must 
be pre-shifted according to 30 CFR 75.360 prior to the IR examination. 
If the area is not pre-shifted a supplemental examination according to 
30 CFR 75.361 must be performed before any non-certified person enters 
the area. If the area has been examined according to 30 CFR 75.360 or 
75.361, an additional examination is not required.
    (15) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible IR equipment in a return airway.
    (16) Batteries contained in the IR equipment must be changed out or 
charged in intake air outside of a return airway. Replacement batteries 
for the electronic IR equipment will not be brought into a return 
airway. Upon entry into the mine all batteries for the electronic IR 
equipment must be fully charged.
    (17) When using nonpermissible electronic IR equipment in a return 
airway, the operator must confirm by measurement or by inquiry of the 
person in charge of the section that the air quantity in the return 
airway, on that shift, is the quantity that is required by the mine's 
ventilation plan.
    (18) Personnel engaged in the use of IR equipment will be properly 
trained to recognize the hazards and limitations associated with the 
use of IR equipment in areas where methane could be present.
    (19) All persons who operate nonpermissible electronic IR equipment 
will receive specific training on the terms and conditions of this 
petition before using nonpermissible electronic equipment in a return 
airway. A record of the training will be kept with other training 
records.
    (20) Within 60 days after the proposed decision and order (PDO) 
becomes final, the petitioner will submit proposed revisions for their 
approved 30 CFR part 48 training plans to the District Manager. These 
revisions will specify initial and refresher training regarding the 
terms and conditions of the PDO. When training is conducted an MSHA 
Certificate of Training (Form 5000-23) will be completed. Comments on 
the certificate of training will indicate IR operator training.
    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 Numbers: M-2015-006-C.
    Petitioner: Bowie Resources, LLC, P.O. Box 1488, Paonia, Colorado 
81428.
    Mine: Bowie No. 2 Mine, MSHA I.D. No. 05-04591, located in Delta 
County, Colorado.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of battery-powered nonpermissible infrared scanning and 
digital camera equipment within 150 feet of a pillar line or longwall 
face. The petitioner asserts that equivalent permissible equipment does 
not exist. The petitioner states that:
    (1) Prohibiting the use of an infrared (IR) digital camera under 
the existing standard will result in the reduction of safety for the 
miners at the Bowie No. 2 Mine. The use of the IR will provide an 
effective method to detect and identify small areas of higher than 
normal coal pillar oxidation that may lead to spontaneous combustion.
    (2) Using currently available means of detecting coal pillar 
oxidation, which is limited to hand-held carbon monoxide detectors, 
odor, or smoke is ineffective and may allow oxidation to become a 
heating or spontaneous combustion event.
    (3) In the alternative to compliance with the existing standard the 
petitioner proposes the following:
    (a) Nonpermissible IR scanning and digital equipment will be used 
only when equivalent permissible equipment does not exist.
    (b) All nonpermissible battery operated IR equipment will be 
limited to:
    (i) Flir i50 7.2 volt Li/ion S/N 399002500.
    (ii) Flir E5 3.6 volt Li/ion S/N 63913354.
    (iii) Flir E5 3.6 volt Li/ion S/N 63917252.
    (4) Nonpermissible IR equipment will only be used until equivalent 
permissible IR is available.
    (5) A logbook will be maintained for electronic IR and will be kept 
in the mine office where the equipment is located. The logbook will 
contain the date of manufacture and/or purchase of each particular 
piece of electronic IR equipment and will be made available to MSHA on 
request.
    (6) All nonpermissible electronic IR equipment to be used within 
150 feet of a pillar line or longwall face will be examined by the 
person that will operate the equipment, prior to taking the equipment 
underground to ensure the equipment is being maintained in a safe 
operating condition. These checks will include:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (vi) Recording the results of the inspection in the equipment 
logbook.
    (7) The equipment will be examined at least weekly by a qualified 
person as defined in 30 CFR 75.153. The examination results will be 
recorded weekly in the logbook. Inspection entries in the logbook may 
be expunged after one year.
    (8) All nonpermissible electronic IR equipment will be serviced 
according to

[[Page 17506]]

the manufacturer's recommendations. Dates of service will be recorded 
in the equipment logbook and will include a description of the work 
performed.
    (9) The nonpermissible IR equipment that will be used within 150 
feet of a pillar line or longwall face will not be put into service 
until MSHA has initially inspected the equipment and determined that it 
is in compliance.
    (10) Nonpermissible IR equipment will not be used if methane is 
detected in concentrations at or above one percent. When one percent or 
more of methane is detected while the nonpermissible IR equipment is 
being used, the equipment will be deenergized immediately and withdrawn 
from within 150 feet of the pillar line or longwall face. Prior to 
returning to within 150 feet of a pillar line or longwall face, all 
requirements of 30 CFR 75.323 will be complied with.
    (11) As an additional safety check, prior to energizing 
nonpermissible IR equipment within 150 feet of a pillar line or 
longwall face, the operator of the equipment will conduct a visual 
examination of the immediate area for evidence that the area appears to 
be sufficiently rock dusted and for the presence of accumulated float 
coal dust. If the rock dusting appears insufficient or the presence of 
accumulated coal dust is observed, the equipment may not be energized 
until sufficient rock dust has been applied and/or the accumulations of 
coal dust have been cleaned up.
    (12) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper condition as defined by 30 CFR 
75.320. All methane detectors must provide visual and audible warnings 
when methane is detected at or above one percent.
    (13) Prior to energizing the electronic IR equipment within 150 
feet of a pillar line or longwall face, methane tests must be made no 
more than eight inches from the roof or floor in the area where the 
equipment is to be used.
    (14) All areas to be examined with nonpermissible IR equipment must 
be pre-shifted according to 30 CFR 75.360 prior to the IR examination. 
If the area is not pre-shifted a supplemental examination according to 
30 CFR 75.361 must be performed before any non-certified person enters 
the area. If the area has been examined according to 30 CFR 75.360 or 
75.361, an additional examination is not required.
    (15) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible IR equipment within 150 feet of a pillar line or 
longwall face.
    (16) Batteries contained in the IR equipment must be changed out or 
charged in intake air outside of 150 feet of a pillar line or longwall 
face. Replacement batteries for the electronic IR equipment will not be 
brought within 150 feet of a pillar line or longwall face. Upon entry 
into the mine all batteries for the electronic IR equipment must be 
fully charged.
    (17) When using nonpermissible electronic IR equipment within 150 
feet of a pillar line or longwall face, the operator must confirm by 
measurement or by inquiry of the person in charge of the section that 
the intake air quantity to the pillar line or the longwall face, on 
that shift, is the quantity that is required by the mine's ventilation 
plan.
    (18) Personnel engaged in the use of IR equipment will be properly 
trained to recognize the hazards and limitations associated with the 
use of IR equipment in areas where methane could be present.
    (19) All persons who operate nonpermissible electronic IR equipment 
will receive specific training on the terms and conditions of this 
petition before using nonpermissible electronic equipment within 150 
feet of a pillar line or longwall face. A record of the training will 
be kept with other training records.
    (20) Within 60 days after the proposed decision and order (PDO) 
becomes final, the petitioner will submit proposed revisions for their 
approved 30 CFR part 48 training plans to the District Manager. These 
revisions will specify initial and refresher training regarding the 
terms and conditions of the PDO. When training is conducted an MSHA 
Certificate of Training (Form 5000-23) will be completed. Comments on 
the certificate of training will indicate IR operator training.
    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 Numbers: M-2015-001-M.
    Petitioner: The Doe Run Company, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mines: Buick Mine/Mill, MSHA I.D. No. 23-00457 and Viburnum No. 35 
(Casteel Mine), MSHA I.D. No. 23-01800, located in Iron County, 
Missouri; Sweetwater Mine/Mill, MSHA I.D. No. 23-00458, Fletcher Mine/
Mill, MSHA I.D. No. 23-00409, and Brushy Creek Mine/Mill, MSHA I.D. No. 
23-00499, located in Reynolds County, Missouri; and Viburnum No. 29 
Mine, MSHA I.D. No. 23-00495, located in Washington 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 cylinders and 
bottled water at its underground lead mines. The petitioner states 
that:
    (1) The mines consist of both development and production headings. 
Activities include drilling, blasting, scaling, loading and hauling of 
ore.
    (2) The compressed air and bottled water will be used in proposed 
refuge areas located at various locations.
    (3) The mines currently use designated points of safety (DPOS) 
located throughout the mine for areas of safe refuge in case of an 
emergency. The DPOS contains compressed air with a regulator, bottled 
water, first aid supplies, maps and a phone.
    (4) As an alternative to compliance with the existing standard, Doe 
Run proposes the following:
    (a) The proposed refuge chambers will be constructed out of fire 
resistant material.
    (b) The door to the proposed refuge chambers will have at least a 
fire rating of one and one-half hours.
    (c) The chamber will be equipped with at minimum three compressed 
air bottles each containing 7,929 liters at 310 cubic feet of Grade D 
breathing air; a regulator to meter the air; a minimum of 15 gallons of 
bottled water; first aid kit; stretcher; six tubes of latex caulk to 
seal around the door; one fire extinguisher; and a set of escape maps 
and an escape plan.
    (d) A pager phone will be used for communication. The phone line 
servicing the phone will be a heavy jacketed, shielded line that runs 
from the main shop area to the refuge area, and a second line will be 
installed.
    (e) The refuge chambers will be equipped with a ball valve located 
on the wall to relieve pressure build up from the use of the compressed 
air inside the chambers.
    (f) Two benches will be located along the walls to provide seating 
for the miners.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Dated: March 26, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-07388 Filed 3-31-15; 8:45 am]
 BILLING CODE 4510-43-P