Petitions for Modification of Application of Existing Mandatory Safety Standards, 23309-23312 [2017-10395]

Download as PDF mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices that checks the coordinates of all stations, essentially a ‘‘smart’’ instrument, comparing the known station coordinates and angles, to installed stations. This is an extremely important feature that reduces or eliminates human survey errors. For the following reasons, this is very important to today’s mining: —Known location of mine works with higher confidence level due to accuracy of new instrument, and ensuring boundary location with two neighboring adjacent mines or mining activity. —All stations installed underground will have immediate coordinates established during installation, as the instrument stores information immediately. (At any time, known location of all mined entries should drilling, boreholes, etc., be required from surface need performed, no calculation is necessary with stations correlated to surface locations). —Face advancement headings are ensured to be on-sights and the instrument notifies operator of inaccuracies. This eliminates the possible convergence of two production rooms and potential for rib falls from a too thin rib condition. —Eliminates the potential in our longwall mine from an overall panel convergence or divergence of headgate and tailgate entries. This eliminates the risks and dangers associated from either removal or addition of a shield and face conveyor segment respectively as is the practice in mining when this condition occurs. —Allows for accurate location of entries for mine construction activities such as overcast installation, conveyor belt installations, pipelines, doorways and fan installations. This will improve overall miner safety through elimination of additional work activities related to survey error from additional rib slabs and widening of entry when mined off sights. (d) Improved accuracy of check surveys which are routinely conducted. This instrument is a one-second instrument compared to a three-second instrument in current use. Highest rated instruments are one-half second instruments that are not used underground with specific uses. The petitioner further states that Solvay Chemicals is committed to safety and by submitting this application strives to apply the best technology in day-to-day engineering activities and adhere to the best professional practice. Advantageous use of this state-of-the-art surveying instrument is outlined in the rationale above. Miner safety is greatly VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 23309 enhanced due to the inherent design of this modern surveying equipment which is housed in state-of-the-art sealed and dust-proof housing, the procedure gas tests prior to and during use of the instrument, and the inherent benefits of this surveying instrument. The original equipment manufacturer has also provided approximately twenty-four hours of safety training, performed on the surface and in fresh air areas in the mine. Solvay Chemicals petitions the Mine Safety and Health Administration to review the best technology and respectively request approval of this petition, allowing use of modern state-of-the-art surveying instrument for day-to-day surveying at the Solvay Chemicals Mine. 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. required to check in at the receptionist’s desk in Suite 4E401. 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: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 govern the application, processing, and disposition of petitions for modification. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. 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. [FR Doc. 2017–10396 Filed 5–19–17; 8:45 am] BILLING CODE 4520–43–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: 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 MSHA’s Office of Standards, Regulations, and Variances on or before June 21, 2017. 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, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202–5452, Attention: Sheila McConnell, Director, Office of Standards, Regulations, and Variances. Persons delivering documents are SUMMARY: PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 I. Background II. Petitions for Modification Docket Number: M–2017–007–C. Petitioner: Canyon Fuel Company, LLC, 597 South SR24, Salina, Utah 84654. Mine: Sufco Mine, MSHA I.D. No. 42– 00089, located in Sevier County, Utah. Regulation Affected: 30 CFR 75.350(a) (Belt air course ventilation). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to allow the use of the belt entry as a ventilation air course as it pertains to the use of a twoentry system. The petitioner proposes to conduct longwall mining using the twoentry panel barrier system as an alternative. The petitioner states that: (1) The use of two-entry panel barrier longwall development mining systems E:\FR\FM\22MYN1.SGM 22MYN1 mstockstill on DSK30JT082PROD with NOTICES 23310 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices will reduce the likelihood of coal bumps, roof falls, and other hazards related to mining under deep cover or highly stressed ground conditions. Developing with additional entries to comply with isolation of the belt entry from a separate return entry and diverting belt air directly into the return air course diminishes the safety of miners as compared to utilizing the belt entry as a return air course during development mining provided that appropriate atmospheric monitoring and early warning fire detection and other precautions are utilized. (2) The proposed alternate method to use the belt entry as an intake air course to ventilate the longwall face during retreat mining will at all times guarantee no less than the same measure of protection afforded by the standard. (3) An independent study was conducted by Agapito Associates, Inc., titled ‘‘Pillar Design Analysis for the lower Hiawatha Seam, Sufco Mine’’ (see Appendix A). The study determined the effects of longwall mining under deep cover at the Sufco mine using a panel barrier design. Results of the study indicate that by using a yielding pillar of 30 feet (rib-to-rib), it would minimize the occurrence of bumps, irrespective of the overburden depth. (4) Due to the documented hazards associated with mining in this coal seam and the neighboring coal seams in deep cover, the application of 30 CFR 75.350(a) at the Sufco mine will result in a diminution of safety to the miners and the terms and conditions set out below will at all times guarantee no less than the same measure of protection afforded the miners by the standard. (5) The petitioner proposed the following details as to how the alternative will be carried out: A. Two-entry development will be permitted where the overburden in the affected area exceeds 1,900 feet in depth. B. Additional entries may be developed when needed for bleeder entries as approved by the District Manager (DM) in the Mine Ventilation and Roof Control Plans. C. Requirements Applicable to TwoEntry Development, Longwall Installation and Recovery, and Retreat Mining Systems: —An atmospheric monitoring system (AMS) for early warning fire detection will be utilized throughout the twoentry system. All sensors throughout the two-entry system that are part of the AMS will be diesel-discriminating (carbon monoxide and nitric oxide) sensors. VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 —All ventilation devices outby the loading point within the two-entry system will be permanent. —The air velocity in the belt entry will be in compliance with 30 CFR 75.350, and will be compatible with all fire detection systems and fire suppression systems used in the belt entry. —The belt entry, primary escapeway, and other intake entry or entries if used, will be equipped with an AMS that is installed, operated, examined, and maintained as specified within this Petition. —All miners will be trained annually in the basic operating principles of the AMS, including the actions required in the event of activation of any AMS alert or alarm signal. This training will also be conducted prior to the beginning of the two-entry mining system. This training will be conducted as part of a miner’s Part 48 new miner training (30 CFR 48.5), experienced miner training (30 CFR 48.6), or annual refresher training (30 CFR 48.8), and annually thereafter. —Mantrip vehicles will be maintained on or near the working section and on or near areas where mechanized mining equipment is being installed or removed and be of sufficient capacity to transport all persons who may be in the area, and located within 600 feet of the section loading point. —Fire doors designed to quickly isolate the working section will be constructed in the two entries for use in emergency situations. The fire doors will be maintained operable throughout the duration of the twoentry panel. A plan for the emergency closing of these fire doors, notification of personnel, and de-energization of electric power inby the doors will be included in the 30 CFR 75.1502 mine emergency evacuation and firefighting program of instruction plan. —Communication and tracking systems will be installed and maintained according to the approved Emergency Response Plan (ERP) and will be subject to approval by the DM. —In addition to the requirements of 30 CFR 75.1100–2(b), firehose outlets with valves every 300 feet will be installed along the intake entry. At least 500 feet of firehose with fittings and nozzles suitable for connection with the outlets will be stored at each strategic location along the intake entry. The locations will be specified in the 30 CFR 75.1502 mine emergency evacuation and firefighting program of instruction plan. —Compressor stations and unattended portable compressors will not be located in the two-entry panel. PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 Portable compressors can be used as long as they are attended while running. D. Requirements Applicable to the Development of Two-Entry Panels: —Diesel-discriminating sensors will be installed in the belt conveyor entry within 25 feet inby and outby the crosscut where return air is directed out of the belt conveyor entry. —A means of rock-dusting will be installed in the belt conveyor entry near the section loading point of each two-entry development section. Rock dust will be continuously used when coal is being produced to render inert the float coal dust in these entries, except when miners are performing maintenance, inspections, or other required work in these areas. —A methane monitoring system utilizing methane sensors will be incorporated into the AMS and be installed to monitor the air in each belt haulage entry. The sensors will be located so that the belt air is monitored near the mouth of the development, near the tailpiece of the belt conveyor, and at or near any secondary belt drive unit installed in the belt haulage entry. —The methane monitoring system will be capable of providing both audible and visual signals on both the working section and at a manned location on the surface of the mine where personnel will be on duty at all times when miners are underground in a two-entry section or when a conveyor belt is operating in a twoentry section. This trained person at the surface will have two-way communication with all working sections. The system will initiate alarm signals when the methane level is 1.0 volume per centum. The methane monitoring system will be designed and installed to de-energize the belt conveyor drive units when the methane level is 1.0 volume per centum. Upon notification of the alarm, miners will de-energize all other equipment located on the section. E. Requirements Applicable to Retreat Mining of the Panels and Longwall Installation and Recovery: —Two separate intake air courses within each longwall panel will be provided to each two-entry longwall. Both air courses may be located on the same side of the panel; however, the air will travel in a direction from the mouth of the panel toward the section. —The average concentration of respirable dust in the belt air course, E:\FR\FM\22MYN1.SGM 22MYN1 mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices when used as intake air course, will be maintained at or below 0.5 mg/m3. A permanent designated area (DA) for dust measurements will be established at a point no greater than 50 feet upwind from the most outby open crosscut on the working section. The DA will be specified and approved in the ventilation plan. —Unless approved by the DM, no more than 50 percent of the total intake air delivered to the working section or to areas where mechanized mining equipment is being installed or removed can be supplied from the belt air course. The locations for measuring air quantities will be approved in the mine ventilation plan. —Notwithstanding the provisions of 30 CFR 75.380(g), additional intake air may be added to the belt air course through a point-feed regulator that is not located within a two-entry panel, to ventilate the working section(s). The location and use of any point feed will be approved in the mine ventilation plan. —During longwall retreat mining, a means of rock-dusting will be installed at or near the last tailgate shield. Rock-dust will be continuously used when coal is being produced to render inert float coal dust in these entries. Exceptions to continuous operation of the rockdusting units will be when miners are performing maintenance, inspections, or other required work in these areas. —When the hydraulic fluid pump station for the longwall support system is located in the two-entry system, it will be installed and maintained as follows: (a) The pumps and electrical controls will be equipped with an automatic fire suppression system. (b) Only MSHA-approved fire resistant hydraulic fluid of the ‘‘high water content group,’’ such as Isosynth VX 110BF2 or similar, will be used. (c) The pump station will be maintained to within 1,500 feet of the longwall face. (d) In addition to the concentrate contained as part of the hydraulic pump system, hydraulic concentrate stored in the two-entry system will be limited to 500 gallons. (e) A diesel-discriminating sensor will be installed between 50 and 100 feet downwind of the hydraulic pump station. The sensor will be installed in a location that will minimize the possibility of damage to it by mobile equipment and that will not interfere with its detection of carbon monoxide caused by a fire. VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 (f) Whenever the transformer supplying power to the hydraulic pumping station is located in the intake entry, the transformer will be: (i) Maintained within 1,500 feet of the longwall face. (ii) Provided with a dieseldiscriminating sensor that is located on the inby side of the transformer in a location that will minimize the possibility of damage to it by mobile equipment and that will not interfere with its detection of carbon monoxide caused by a fire. (iii) Provided with an overtemperature device that will de-energize the pumping station when the temperature reached 165 degrees Fahrenheit. —Each hydraulic pump will be provided with an over-temperature device that automatically de-energizes the motor on which it is installed. Deenergization will take place at a temperature of not more than 210 degrees Fahrenheit. The overtemperature device will be installed to monitor the circulating oil for the pump or the external pump case housing. —MSHA will be informed prior to the initial startup of the pumping system so MSHA can conduct an inspection. F. Applicable to Two-Entry Development, Longwall Installation and Recovery, and Retreat Mining Systems when Diesel-Powered Equipment is Operated on a Two-Entry System: —Except for ambulances used for emergencies only, all diesel powered equipment not approved and maintained under 30 CFR part 36 operated on any two-entry system will include: (a) An automatic and manually activated fire suppression system meeting the requirements of 30 CFR 75.1911. The manual fire suppression system will be capable of being activated from both inside and outside the machine’s cab. The manual actuator located outside the cab will be on the side of the machine opposite the engine. Both of these systems will be maintained in operating condition. (b) An automatic engine shut down/ fuel shut-off system, tied into the activation of the fire suppression system will be maintained in operating condition. (c) An automatic closing, heatactivated shut-off valve will be maintained in operating condition, on diesel fuel lines either located between the fuel injection pump and fuel tank if the fuel lines are constructed of steel, or located as close as practical to the fuel tank. PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 23311 (d) A means, maintained in operating condition, to prevent the spray from ruptured diesel fuel, hydraulic oil, or lubricating oil lines from being ignited by contact with engine exhaust system component surfaces such as shielding, conduit, or non-absorbent insulating materials. (e) A means, maintained in operating condition, to maintain the surface temperature of the exhaust system of diesel equipment below 302 degrees Fahrenheit for diesel equipment classified a ‘‘heavy-duty’’ under 30 CFR 75.1908(a). Road graders are considered heavy-duty under 30 CFR 75.1908(a). (f) A sensor to monitor the temperature and provide visual warning of an overheated cylinder head on aircooled engines. —The following types of diesel-powered equipment, which are not approved and maintained under 30 CFR parts 36 or 7, can be used in the two-entry system, except where permissible equipment is required, provided no one is in by the work area: (a) Diesel-powered rock dust machine; (b) diesel-powered generator; and (c) diesel-powered road grader. —Diesel fuel will not be stored in the two-entry system. Diesel-powered equipment not approved and maintained under Part 36 will not be refueled in the two-entry system. —If non-Part 36 diesel-powered equipment needs to be jump-started due to a dead battery in any two-entry system, a methane check by a qualified person using an MSHAapproved detector will be made prior to attaching jumper cables. The equipment will not be jump-started if air contains 1.0 percent or more of methane. —A diesel equipment maintenance program will be adopted and complied with by the operator. The program will include the examinations and tests specified in the manufacturers’ maintenance recommendations as they pertain to diesel-powered equipment carbon monoxide emissions. A record of these examinations and tests will be maintained on the surface and made available to all interested persons. G. Atmospheric Monitoring System (AMS): —In addition to the terms and conditions contained in this petition, the AMS will be installed, operated, examined and maintained, and training of AMS operators conducted in accordance with the provisions contained in 30 CFR 75.350, 75.351, and 75.352. E:\FR\FM\22MYN1.SGM 22MYN1 23312 Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Notices H. Implementation and Training Requirements: —The petitioner proposes that the terms and conditions of this petition will not be implemented until after approval has been granted by the DM. —Prior to implementing the PDO, Sufco will have an approved Part 48 training plan that complies with all conditions specified by the PDO. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2017–10395 Filed 5–19–17; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2010–0048] Standard on Powered Platforms for Building Maintenance; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Powered Platforms for Building Maintenance. DATES: Comments must be submitted (postmarked, sent, or received) by July 21, 2017. ADDRESSES: Electronically: You may submit comments and attachments electronically at http:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit a copy of your comments and attachments to the OSHA Docket Office, OSHA Docket No. OSHA–2010–0048, mstockstill on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:17 May 19, 2017 Jkt 241001 Occupational Safety and Health Administration, U.S. Department of Labor, Room N–3653, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor’s and Docket Office’s normal business hours, 10:00 a.m. to 3:00 p.m., e.t. Instructions: All submissions must include the Agency name and OSHA docket number for the Information Collection Request (ICR) (OSHA–2010– 0048). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at http://www.regulations.gov. For further information on submitting comments see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket (including this Federal Register notice) are listed in the http:// www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N–3609, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA’s estimate of the information collection burden is accurate. The Occupational Safety and Health Act of PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). Paragraph (e)(9) of the Standard requires that employers develop and implement a written emergency action plan for each type of powered platform operation. The plan must explain the emergency procedures that workers are to follow if they encounter a disruption of the power supply, equipment failure, or other emergency. Prior to operating a powered platform, employers must train workers on the importance of alarm systems and emergency escape routes, and emergency procedures that pertain to the building on which they will be working. Employers should review with each worker those parts of the emergency action plan that the worker must know to ensure their protection during an emergency; these reviews must occur when the worker receives an initial assignment involving a powered platform operation and after the employer revises the emergency action plan. According to paragraph (f)(5)(i)(C), employers must affix a load rating plate in a prominent location on each suspended unit. The load rating plate should state the unit’s weight and its rated load capacity. Paragraph (f)(5)(ii)(N) requires employers to mount each emergency electric operating device in a secured compartment and label the device with instructions for its use. After installing a suspension wire rope, paragraphs (f)(7)(vi) and (f)(7)(vii) mandate that employers attach a corrosion-resistant tag with specified information to one of the wire rope fastenings if the rope is to remain at one location. In addition, paragraph (f)(7)(viii) requires employers who resocket a wire rope to either stamp specified information on the original tag or put that information on a supplemental tag and attach it to the fastening. Paragraphs (g)(2)(i) and (g)(2)(ii) require that building owners have a competent person annually: Inspect the supporting structures of their buildings; inspect and, if necessary, test the components of the powered platforms, including control systems; inspect/test E:\FR\FM\22MYN1.SGM 22MYN1

Agencies

[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23309-23312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10395]


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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.

-----------------------------------------------------------------------

SUMMARY: 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 MSHA's Office 
of Standards, Regulations, and Variances on or before June 21, 2017.

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, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. 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: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

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-2017-007-C.
    Petitioner: Canyon Fuel Company, LLC, 597 South SR24, Salina, Utah 
84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.350(a) (Belt air course 
ventilation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
allow the use of the belt entry as a ventilation air course as it 
pertains to the use of a two-entry system. The petitioner proposes to 
conduct longwall mining using the two-entry panel barrier system as an 
alternative. The petitioner states that:
    (1) The use of two-entry panel barrier longwall development mining 
systems

[[Page 23310]]

will reduce the likelihood of coal bumps, roof falls, and other hazards 
related to mining under deep cover or highly stressed ground 
conditions. Developing with additional entries to comply with isolation 
of the belt entry from a separate return entry and diverting belt air 
directly into the return air course diminishes the safety of miners as 
compared to utilizing the belt entry as a return air course during 
development mining provided that appropriate atmospheric monitoring and 
early warning fire detection and other precautions are utilized.
    (2) The proposed alternate method to use the belt entry as an 
intake air course to ventilate the longwall face during retreat mining 
will at all times guarantee no less than the same measure of protection 
afforded by the standard.
    (3) An independent study was conducted by Agapito Associates, Inc., 
titled ``Pillar Design Analysis for the lower Hiawatha Seam, Sufco 
Mine'' (see Appendix A). The study determined the effects of longwall 
mining under deep cover at the Sufco mine using a panel barrier design. 
Results of the study indicate that by using a yielding pillar of 30 
feet (rib-to-rib), it would minimize the occurrence of bumps, 
irrespective of the overburden depth.
    (4) Due to the documented hazards associated with mining in this 
coal seam and the neighboring coal seams in deep cover, the application 
of 30 CFR 75.350(a) at the Sufco mine will result in a diminution of 
safety to the miners and the terms and conditions set out below will at 
all times guarantee no less than the same measure of protection 
afforded the miners by the standard.
    (5) The petitioner proposed the following details as to how the 
alternative will be carried out:
    A. Two-entry development will be permitted where the overburden in 
the affected area exceeds 1,900 feet in depth.
    B. Additional entries may be developed when needed for bleeder 
entries as approved by the District Manager (DM) in the Mine 
Ventilation and Roof Control Plans.
    C. Requirements Applicable to Two-Entry Development, Longwall 
Installation and Recovery, and Retreat Mining Systems:

--An atmospheric monitoring system (AMS) for early warning fire 
detection will be utilized throughout the two-entry system. All sensors 
throughout the two-entry system that are part of the AMS will be 
diesel-discriminating (carbon monoxide and nitric oxide) sensors.
--All ventilation devices outby the loading point within the two-entry 
system will be permanent.
--The air velocity in the belt entry will be in compliance with 30 CFR 
75.350, and will be compatible with all fire detection systems and fire 
suppression systems used in the belt entry.
--The belt entry, primary escapeway, and other intake entry or entries 
if used, will be equipped with an AMS that is installed, operated, 
examined, and maintained as specified within this Petition.
--All miners will be trained annually in the basic operating principles 
of the AMS, including the actions required in the event of activation 
of any AMS alert or alarm signal. This training will also be conducted 
prior to the beginning of the two-entry mining system. This training 
will be conducted as part of a miner's Part 48 new miner training (30 
CFR 48.5), experienced miner training (30 CFR 48.6), or annual 
refresher training (30 CFR 48.8), and annually thereafter.
--Mantrip vehicles will be maintained on or near the working section 
and on or near areas where mechanized mining equipment is being 
installed or removed and be of sufficient capacity to transport all 
persons who may be in the area, and located within 600 feet of the 
section loading point.
--Fire doors designed to quickly isolate the working section will be 
constructed in the two entries for use in emergency situations. The 
fire doors will be maintained operable throughout the duration of the 
two-entry panel. A plan for the emergency closing of these fire doors, 
notification of personnel, and de-energization of electric power inby 
the doors will be included in the 30 CFR 75.1502 mine emergency 
evacuation and firefighting program of instruction plan.
--Communication and tracking systems will be installed and maintained 
according to the approved Emergency Response Plan (ERP) and will be 
subject to approval by the DM.
--In addition to the requirements of 30 CFR 75.1100-2(b), firehose 
outlets with valves every 300 feet will be installed along the intake 
entry. At least 500 feet of firehose with fittings and nozzles suitable 
for connection with the outlets will be stored at each strategic 
location along the intake entry. The locations will be specified in the 
30 CFR 75.1502 mine emergency evacuation and firefighting program of 
instruction plan.
--Compressor stations and unattended portable compressors will not be 
located in the two-entry panel. Portable compressors can be used as 
long as they are attended while running.

    D. Requirements Applicable to the Development of Two-Entry Panels:

--Diesel-discriminating sensors will be installed in the belt conveyor 
entry within 25 feet inby and outby the crosscut where return air is 
directed out of the belt conveyor entry.
--A means of rock-dusting will be installed in the belt conveyor entry 
near the section loading point of each two-entry development section. 
Rock dust will be continuously used when coal is being produced to 
render inert the float coal dust in these entries, except when miners 
are performing maintenance, inspections, or other required work in 
these areas.
--A methane monitoring system utilizing methane sensors will be 
incorporated into the AMS and be installed to monitor the air in each 
belt haulage entry. The sensors will be located so that the belt air is 
monitored near the mouth of the development, near the tailpiece of the 
belt conveyor, and at or near any secondary belt drive unit installed 
in the belt haulage entry.
--The methane monitoring system will be capable of providing both 
audible and visual signals on both the working section and at a manned 
location on the surface of the mine where personnel will be on duty at 
all times when miners are underground in a two-entry section or when a 
conveyor belt is operating in a two-entry section. This trained person 
at the surface will have two-way communication with all working 
sections. The system will initiate alarm signals when the methane level 
is 1.0 volume per centum. The methane monitoring system will be 
designed and installed to de-energize the belt conveyor drive units 
when the methane level is 1.0 volume per centum. Upon notification of 
the alarm, miners will de-energize all other equipment located on the 
section.

    E. Requirements Applicable to Retreat Mining of the Panels and 
Longwall Installation and Recovery:

--Two separate intake air courses within each longwall panel will be 
provided to each two-entry longwall. Both air courses may be located on 
the same side of the panel; however, the air will travel in a direction 
from the mouth of the panel toward the section.
--The average concentration of respirable dust in the belt air course,

[[Page 23311]]

when used as intake air course, will be maintained at or below 0.5 mg/
m3. A permanent designated area (DA) for dust measurements will be 
established at a point no greater than 50 feet upwind from the most 
outby open crosscut on the working section. The DA will be specified 
and approved in the ventilation plan.
--Unless approved by the DM, no more than 50 percent of the total 
intake air delivered to the working section or to areas where 
mechanized mining equipment is being installed or removed can be 
supplied from the belt air course. The locations for measuring air 
quantities will be approved in the mine ventilation plan.
--Notwithstanding the provisions of 30 CFR 75.380(g), additional intake 
air may be added to the belt air course through a point-feed regulator 
that is not located within a two-entry panel, to ventilate the working 
section(s). The location and use of any point feed will be approved in 
the mine ventilation plan.
--During longwall retreat mining, a means of rock-dusting will be 
installed at or near the last tailgate shield. Rock-dust will be 
continuously used when coal is being produced to render inert float 
coal dust in these entries. Exceptions to continuous operation of the 
rock-dusting units will be when miners are performing maintenance, 
inspections, or other required work in these areas.
--When the hydraulic fluid pump station for the longwall support system 
is located in the two-entry system, it will be installed and maintained 
as follows:

    (a) The pumps and electrical controls will be equipped with an 
automatic fire suppression system.
    (b) Only MSHA-approved fire resistant hydraulic fluid of the ``high 
water content group,'' such as Isosynth VX 110BF2 or similar, will be 
used.
    (c) The pump station will be maintained to within 1,500 feet of the 
longwall face.
    (d) In addition to the concentrate contained as part of the 
hydraulic pump system, hydraulic concentrate stored in the two-entry 
system will be limited to 500 gallons.
    (e) A diesel-discriminating sensor will be installed between 50 and 
100 feet downwind of the hydraulic pump station. The sensor will be 
installed in a location that will minimize the possibility of damage to 
it by mobile equipment and that will not interfere with its detection 
of carbon monoxide caused by a fire.
    (f) Whenever the transformer supplying power to the hydraulic 
pumping station is located in the intake entry, the transformer will 
be:
    (i) Maintained within 1,500 feet of the longwall face.
    (ii) Provided with a diesel-discriminating sensor that is located 
on the inby side of the transformer in a location that will minimize 
the possibility of damage to it by mobile equipment and that will not 
interfere with its detection of carbon monoxide caused by a fire.
    (iii) Provided with an over-temperature device that will de-
energize the pumping station when the temperature reached 165 degrees 
Fahrenheit.

--Each hydraulic pump will be provided with an over-temperature device 
that automatically de-energizes the motor on which it is installed. De-
energization will take place at a temperature of not more than 210 
degrees Fahrenheit. The over-temperature device will be installed to 
monitor the circulating oil for the pump or the external pump case 
housing.
--MSHA will be informed prior to the initial startup of the pumping 
system so MSHA can conduct an inspection.

    F. Applicable to Two-Entry Development, Longwall Installation and 
Recovery, and Retreat Mining Systems when Diesel-Powered Equipment is 
Operated on a Two-Entry System:

--Except for ambulances used for emergencies only, all diesel powered 
equipment not approved and maintained under 30 CFR part 36 operated on 
any two-entry system will include:

    (a) An automatic and manually activated fire suppression system 
meeting the requirements of 30 CFR 75.1911. The manual fire suppression 
system will be capable of being activated from both inside and outside 
the machine's cab. The manual actuator located outside the cab will be 
on the side of the machine opposite the engine. Both of these systems 
will be maintained in operating condition.
    (b) An automatic engine shut down/fuel shut-off system, tied into 
the activation of the fire suppression system will be maintained in 
operating condition.
    (c) An automatic closing, heat-activated shut-off valve will be 
maintained in operating condition, on diesel fuel lines either located 
between the fuel injection pump and fuel tank if the fuel lines are 
constructed of steel, or located as close as practical to the fuel 
tank.
    (d) A means, maintained in operating condition, to prevent the 
spray from ruptured diesel fuel, hydraulic oil, or lubricating oil 
lines from being ignited by contact with engine exhaust system 
component surfaces such as shielding, conduit, or non-absorbent 
insulating materials.
    (e) A means, maintained in operating condition, to maintain the 
surface temperature of the exhaust system of diesel equipment below 302 
degrees Fahrenheit for diesel equipment classified a ``heavy-duty'' 
under 30 CFR 75.1908(a). Road graders are considered heavy-duty under 
30 CFR 75.1908(a).
    (f) A sensor to monitor the temperature and provide visual warning 
of an overheated cylinder head on air-cooled engines.

--The following types of diesel-powered equipment, which are not 
approved and maintained under 30 CFR parts 36 or 7, can be used in the 
two-entry system, except where permissible equipment is required, 
provided no one is in by the work area:

    (a) Diesel-powered rock dust machine;
    (b) diesel-powered generator; and
    (c) diesel-powered road grader.

--Diesel fuel will not be stored in the two-entry system. Diesel-
powered equipment not approved and maintained under Part 36 will not be 
refueled in the two-entry system.
--If non-Part 36 diesel-powered equipment needs to be jump-started due 
to a dead battery in any two-entry system, a methane check by a 
qualified person using an MSHA-approved detector will be made prior to 
attaching jumper cables. The equipment will not be jump-started if air 
contains 1.0 percent or more of methane.
--A diesel equipment maintenance program will be adopted and complied 
with by the operator. The program will include the examinations and 
tests specified in the manufacturers' maintenance recommendations as 
they pertain to diesel-powered equipment carbon monoxide emissions. A 
record of these examinations and tests will be maintained on the 
surface and made available to all interested persons.

    G. Atmospheric Monitoring System (AMS):

--In addition to the terms and conditions contained in this petition, 
the AMS will be installed, operated, examined and maintained, and 
training of AMS operators conducted in accordance with the provisions 
contained in 30 CFR 75.350, 75.351, and 75.352.


[[Page 23312]]


    H. Implementation and Training Requirements:

--The petitioner proposes that the terms and conditions of this 
petition will not be implemented until after approval has been granted 
by the DM.
--Prior to implementing the PDO, Sufco will have an approved Part 48 
training plan that complies with all conditions specified by the PDO.

    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-10395 Filed 5-19-17; 8:45 am]
 BILLING CODE 4520-43-P