Petitions for Modification of Application of Existing Mandatory Safety Standard, 64107-64109 [2019-25092]
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standard
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 December 20, 2019.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Email: 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 a copy of the petition 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:
Sheila McConnell, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), McConnell.Sheila.A@
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.
SUMMARY:
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
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other mine if the Secretary of Labor
(Secretary) 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. 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 for filing petitions for
modification.
II. Petitions for Modification
Docket Number: M–2019–054–C.
Petitioner: Castle Valley Mining LLC,
P.O. Box 475, Huntington, UT 84528.
Mines: Castle Valley Mine #3, MSHA
I.D. No. 42–02263 and Castle Valley
Mine #4, MSHA I.D. No. 42–02335,
located in Emery County, UT.
Regulation Affected: 75.1909(b)(6)
(Nonpermissible diesel-powered
equipment; design and performance
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to allow use of a Getman
Corporation, Getman RDG 1504–C
Diesel Roadbuilder, Serial No. 6579, a
four- wheel-drive, low-profile unit
equipped with a grader blade that can
be outfitted for underground mining
operations, as it was originally designed
without front brakes.
The petitioner states that:
(1) The petitioner utilizes a Getman
Corporation, Getman RDG 1504–C
Diesel Roadbuilder at the Castle Valley
No. 3 and Castle Valley No. 4 mines.
The Getman Roadbuilder was
manufactured without front wheel
brakes.
(2) The petitioner states that it is not
feasible to install front wheel brakes on
the Getman Roadbuilder.
As an alternative to the existing
standard, the petitioner proposes the
following:
(a) The petitioner will limit the
maximum speed of the Getman
Roadbuilder to 10 miles per hour (MPH)
by permanently blocking out any gear
that would provide a higher speed than
10 MPH. This would limit the vehicle
speed in both forward and reverse to a
maximum of 10 MPH.
(b) The petitioner will train the grade
operator to drop the grader blade in the
event that the brakes fail.
(c) The petitioner asserts that the
proposed alternative method of limiting
the Getman Roadbuilder’s speed to 10
MPH and training the grade operator
guarantees no less than the same
measure of protection afforded by the
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64107
existing standard under 30 CFR
75.1909(b)(6).
Docket Number: M–2019–055–C.
Petitioner: INMET Mining, LLC, 144 E
Market Place Blvd., Knoxville, TN
37922.
Mine: D–31 Cut Through, MSHA I.D.
No. 44–06782, located in Lee County,
Virginia.
Regulation Affected: 30 CFR
75.1108(c) (Approved conveyor belts).
Modification Request: The petitioner
requests a modification of the existing
30 CFR 75.1108(c) standard as applied
to the conveyor belt that travels through
the D–31 Cut Through Mine connecting
the operator’s Kentucky Mining
Operations to the Preparation Plant
located at St. Charles, VA. The
petitioner submits that a modification of
the Part 14 belt standard is warranted
because the existing safety measures
that the petitioner has in place will
make the conveyor belt in the D–31 Cut
Through Mine as safe as is required by
Part 14.
The petitioner states that:
(1) The D–31 Cut Through Mine was
developed in the late 1990’s in order to
create a belt conveyor corridor from the
operator’s Kentucky Mining Operations
to the P–14 Preparation Plant at St.
Charles, VA (MSHA ID No. 44–05898).
The belt conveyor corridor through the
mountain ridge was created to avoid the
trucking of raw coal and rock products
through a dangerous, narrow road to get
to the P–14 Preparation Plant. The D–31
Cut Through Mine transports coal, via
the conveyor belt, from D28 Huff Creek
Mine (MSHA ID No. 15–17234), the D29
Darby Fork Mine (MSHA ID No. 15–
02263), and D30 Clover Fork Mine
(MSHA ID No. 15–18647). The
underground mines belt the coal to the
Central Surface Stockpile area, where it
is fed onto the conveyor belt and
transported to the P–14 Preparation
Plant.
(2) The D–31 Cut Through Mine is
approximately 9,300 feet in depth or
length. It has approximately 1,200 feet
of maximum cover at the center of the
ridge and it has 600 feet of cover overall.
The mine has two surface portals, one
at either side of the ridge, and an
immediate escape-way in either
direction from underground.
(3) Once the main line was advanced
through the mountain ridge,
underground mining activities were
halted and the equipment was removed.
In 2003, the mine became Active NonProducing Status and a steel cable
belting conveyor was installed to go
from the Day’s Creek Stockpile Area to
the P–14 Preparation Plant.
(4) The conveyor belt is a continuous
belt system, without any underground
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
transfer points, head drives, or major
infrastructure other than the belt system
itself. The tail piece of the belting
conveyor is outside of the mine on the
Day’s Creek Stockpile Area side and the
Head Drive is outside of the mine on the
P–14 Preparation Plant side.
(5) The mine ventilation is purely
intake air from all four-five headings.
The ventilation system intakes from the
Day’s Creek Stockpile Area side to the
main mine fan, which is located on the
P–14 Preparation Plant side. There are
no worked out, sealed, gob, or face areas
in the mine, allowing for air intake
throughout.
The petitioner proposes the following
alternative method:
(a) Due to the existing fire safety
features within the D–31 Cut Through
belting corridor, the operator is
petitioning for the continued use of the
existing steel cable conveyor belt in the
D–31 Cut Through Mine.
(b) The only underground electrical
power sources in the mine are low
voltages and used to operate
underground mine phones, belt
monitoring equipment, employee
tracking, and communication
equipment.
(c) There are no underground belt
drives, take-up units or transfer points,
reducing the potential for frictional heat
sources in the mine.
(d) The belt conveyor, which has been
in operation since 2003, is one
continuous length (19,500 lineal feet),
using vulcanized splices, reducing the
heat potential.
(e) The mine has a three-inch water
line running parallel to the entire length
of the belt conveyor along with fire
valves every 300 feet along the belt
conveyor.
(f) Fire-fighting equipment is
accessible at both the surface portals
and in the underground mine. In
addition, an underground fire-fighting
hose is stored along the belt conveyor
and it can reach the entirety of the belt
conveyor from the fire valves.
(g) The main travelway of the D–31
Cut Through Mine is adjacent to the belt
conveyor, so that the examination of the
entire belt conveyor is possible each
time the travelway is examined.
(h) A certified foreman examines the
conveyor belt each shift it is in
operation. All hazardous conditions are
recorded in an examination book that is
kept at the surface. Hazardous
conditions are corrected according to 30
CFR.
(i) The Certified Foreman(s) making
the examinations are equipped with gas
detection equipment to monitor the
mine atmosphere for potential harmful
gases and or potential fires.
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(j) The Certified Foreman(s) are
equipped with heat detection
equipment to check the temperature of
the belting conveyor and the associated
belt idlers to detect the possible increase
of temperature and replace belt idles
early to reduce the heat and fire
potential.
(k) The mine has CO monitors at
1,000 foot intervals along the belt
conveyor that are continuously checked
from a central location.
(l) There is no coal production, so
there is no return air course. All entries
are intake air. The belt air velocity is
typically greater than 100 feet per
minute. CO monitors along the belt
conveyor alert the command center
when CO levels reach 8PPM above
ambient. If CO levels are above 13PPM,
an alarm is sounded.
(m) The D–31 Cut Through Mine does
not have a history of Methane gas.
(n) The mine is open at both ends, so
that if the mechanical ventilation fan
stops due to mechanical issues, natural
ventilation will still occur.
(o) The mine has portals at both ends
of the mine and employees have
additional escape-ways if there is an
emergency.
(p) The Certified Foreman and other
employees are tracked throughout the
mine and their locations are monitored.
These individuals communicate through
hand held radios, underground mine
phones, and a dial up telephone that is
located midway through the
underground mine.
(q) Each end of the belt has turnovers
so that no belt rollers come in contact
with the coal carrying dirty side of the
belt. This lowers fire risks, since
combustible material does not come in
contact with the belt during belt
turnovers.
(r) Since the underground mine does
not have belt drives, transfer points or
take up units, combustible materials
including grease and oil are not used.
(s) The state of Kentucky and the state
of Virginia have committed emergency
mine rescue teams within one hour from
the mine in the event of an emergency.
(t) Unless there is additional work
required, miner exposure to the D–31
Cut Through Mine is minimal and
limited to: Inspection by the Certified
Foreman; occasional clean up; and belt
replacements.
(u) The underground floor and coal
ribs are generally damp, which reduces
the possibility of a fire.
(v) Since being built in 2003, there
have been no accidents related to the
belt conveyor or the D–31 Cut Through.
(w) The operator wishes to continue
to use the existing belt in the D–31 Cut
Through until the end of its life, which
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is approximately 5 years. Once the
current belt needs to be replaced, it will
be done so with Part 14 approved
belting. The operator finds that if the
purpose of 75.1108(c) is to reduce the
potential for a fire, the current
safeguards meet such a fire safety
standard.
Docket Number: M–2019–056–C.
Petitioner: Marfork Coal Company,
LLC, P.O. Box 457, Whitesville, WV
25209.
Mine: Markfork Processing, MSHA
I.D. No. 46–08374, located in Raleigh
County, West Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuse piles; general).
Modification Request: The petitioner
requests a modification of the existing
30 CFR 77.214(a) standard as applied to
refuse piles. The petitioner is requesting
this modification in order to backfill six
abandoned mine openings with coal
refuse as an alternative to 30 CFR
77.214(a), which does not allow locating
refuse piles over abandoned mine
openings.
The petitioner states that:
(6) The six mine openings to be
backfilled are located in the Winifrede
seam, which has an elevation of
between 2000′ and 2030′. The six mine
openings were formerly associated with
the abandoned Dorothy Mine that was
operated by C&O Railway Fuel Mine
Operations.
(7) Two of the six mine openings have
not been sealed while the other four are
sealed with dirt. There are no pipes
currently installed at any of the entries.
(8) The mine dips to the northwest.
Five of the six entries are on the downdip side of the mine while the last entry
is north of the hollow. Water from the
six openings currently flows into an
already existing diversion ditch. There
is no evidence that water is regularly
discharged from any of the openings.
The petitioner proposes the following
alternative method:
(a) The six openings of the mine will
be covered using coal refuse as the
construction material. All six openings
will be back-stowed to a length of 25
feet, as is required by 30 CFR 75.1711–
2, using soil and rock or flowable fill
material such as JennChem Tek Seals or
an equivalent.
(b) The petitioner will build an
underdrain system consisting of durable
rock cobbles and a perforated pipe,
wrapped in filter fabric. It will be
installed at the base of the highwall
along all six of the mine openings.
(c) Two drains will be installed, one
for the five entries on the down-dip side
of the mine and a second for the entry
north of the hollow. Each of the mine
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
entry pipes for the five entries on the
down-dip side of the mine will be
connected and piped to the underdrain
pipe.
(d) The mine entry pipes will be
extended by a minimum of 40 feet inby
the opening and located along the rib in
order to minimize potential damage to
the pipes during the backfill process.
The underdrain and mine drain will be
extended to release into a perimeter
ditch located at the refuse facility.
(e) The mine openings and exposed
coal seam will be covered with at least
four feet ofnon-combustible, non-refuse
material including soil and rock.
(f) In the event that water accumulates
near sealed openings, an internal
drainage system will be constructed to
provide a controlled outlet to mitigate
any potential combustion.
(g) The backfill zone isolates mine
workings and the coal seam from the
proposed coal refuse fill, minimizing
the potential for fire to spread from the
mine to the refuse fill.
(h) The coal refuse will be located in
a maximum of two-foot lifts, reducing
the possibility of spontaneous
combustion.
(i) The proposed backfill plan limits
the potential for combustion of the
refuse or coal seam, which fulfills the
intent of 30 CFR 77.214(a). The
petitioner states that the proposed
alternative provides an equivalent or
greater method of protection than is
required by 30 CFR 77.214(a).
Docket Number: M–2019–007–M.
Petitioner: Genesis Alkali, LLC, P.O.
Box 872, 580 Westvaco Rd., Green
River, WY 82935.
Mine: Genesis Alkali @WESTVACO,
MSHA I.D. No. 48–00152, located in
Sweetwater County, WY.
Regulation Affected: 30 CFR 57.22305
(Approved equipment (III mines)).
Modification Request: The petitioner
requests a modification of the existing
30 CFR 57.22305 standard to permit an
alternative, non-MSHA approved
Powered Air Purifying Respirator
(PAPR). The petitioner requests a
modification of the existing standard to
permit an alternative method that will
provide the same measure of protection
as the standard requires. The alternative
PAPR is the 3M Versaflo TR–800
Intrinsically Safe Powered Air Purifying
Respirator.
The petitioner states that:
(1) The petitioner’s mine, Genesis
Alkali @ Westvaco, is an underground,
Class III trona mine. The petitioner has
historically provided miners who wish
to voluntarily wear respirators with 3M
Airstream Headgear-Mounted PAPRs.
These respirators are MSHA approved
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17:21 Nov 19, 2019
Jkt 250001
but they will be discontinued in 2020,
according to the manufacturer.
(2) The proposed modification seeks
relief from the application of 30 CFR
57.22305, and requests the use of a nonMSHA approved, intrinsically safe,
PAPR for the purpose of providing
respiratory protection and fresh air flow
for miners who are potentially exposed
to nuisance dust. Such non-approved
equipment would be used among
miners working under normal mining
conditions in or beyond the last open
crosscut and where methane may enter
the air current.
(3) The petitioner notes that the
National Institute for Occupational
Safety and Health essentially states that
the TR–800 was tested to standards that
should be considered equivalent to the
MSHA ACRI2001 criteria.
The petitioner proposes the following:
Miners who wish to use PAPRs will
use the 3M Versaflo TR–800
Intrinsically Safe Powered Air Purifying
Respirator (‘‘TR–800’’). While it is not
approved by MSHA, under 30 CFR parts
18 through 36, the TR–800 has been
extensively tested and approved as
intrinsically safe under the testing
standards of Underwriters Laboratory
(UL, which operates in the United States
and Canada), the American National
Standards Institute (ANSI), and the
International Electrotechnical
Commission (IEC). Thus, the petitioner
believes that the proposed alternative
method of using the TR–800 will at all
times guarantee no less than the same
measure of protection afforded by the
MSHA standard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2019–25092 Filed 11–19–19; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Wage and Hour Division
Agency Information Collection
Activities; Comment Request;
Information Collections: Application of
the Employee Polygraph Protection
Act
Wage and Hour Division,
Department of Labor.
ACTION: Notice; request for comments.
AGENCY:
The Department of Labor
(DOL) is soliciting comments
concerning a proposed extension to the
information collection request (ICR)
titled, ‘‘Application of the Employee
Polygraph Protection Act.’’ This
comment request is part of continuing
SUMMARY:
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64109
Departmental efforts to reduce
paperwork and respondent burden in
accordance with the Paperwork
Reduction Act of 1995 (PRA).
This program helps to ensure that
requested data can be provided in the
desired format, reporting burden (time
and financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. A copy of the
proposed information request can be
obtained by contacting the office listed
below in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
January 21, 2020.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0005, by either one of the following
methods: Email: WHDPRAComments@
dol.gov; Mail, Hand Delivery, Courier:
Division of Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW, Washington,
DC 20210.
Instructions: Please submit one copy
of your comments by only one method.
All submissions received must include
the agency name and Control Number
identified above for this information
collection. Because we continue to
experience delays in receiving mail in
the Washington, DC area, commenters
are strongly encouraged to transmit their
comments electronically via email or to
submit them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for Office
of Management and Budget (OMB)
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Robert Waterman, Compliance
Specialist, Division of Regulations,
Legislation, and Interpretation, Wage
and Hour Division, U.S. Department of
Labor, Room S–3502, 200 Constitution
Avenue NW, Washington, DC 20210;
telephone: (202) 693–0406 (this is not a
toll-free number). Copies of this notice
may be obtained in alternative formats
(Large Print, Braille, Audio Tape, or
Disc), upon request, by calling (202)
693–0023 (not a toll-free number). TTY/
TTD callers may dial toll-free (877) 889–
5627 to obtain information or request
materials in alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Wage and Hour
Division (WHD) of the Department of
Labor (DOL) administers the Employee
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]]>Agencies
[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64107-64109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25092]
[[Page 64107]]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standard
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 December 20,
2019.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Email: [email protected] 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 a copy of the petition 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: Sheila McConnell, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (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 (Secretary)
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. 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 for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2019-054-C.
Petitioner: Castle Valley Mining LLC, P.O. Box 475, Huntington, UT
84528.
Mines: Castle Valley Mine #3, MSHA I.D. No. 42-02263 and Castle
Valley Mine #4, MSHA I.D. No. 42-02335, located in Emery County, UT.
Regulation Affected: 75.1909(b)(6) (Nonpermissible diesel-powered
equipment; design and performance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to allow use of a Getman Corporation, Getman RDG
1504-C Diesel Roadbuilder, Serial No. 6579, a four- wheel-drive, low-
profile unit equipped with a grader blade that can be outfitted for
underground mining operations, as it was originally designed without
front brakes.
The petitioner states that:
(1) The petitioner utilizes a Getman Corporation, Getman RDG 1504-C
Diesel Roadbuilder at the Castle Valley No. 3 and Castle Valley No. 4
mines. The Getman Roadbuilder was manufactured without front wheel
brakes.
(2) The petitioner states that it is not feasible to install front
wheel brakes on the Getman Roadbuilder.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) The petitioner will limit the maximum speed of the Getman
Roadbuilder to 10 miles per hour (MPH) by permanently blocking out any
gear that would provide a higher speed than 10 MPH. This would limit
the vehicle speed in both forward and reverse to a maximum of 10 MPH.
(b) The petitioner will train the grade operator to drop the grader
blade in the event that the brakes fail.
(c) The petitioner asserts that the proposed alternative method of
limiting the Getman Roadbuilder's speed to 10 MPH and training the
grade operator guarantees no less than the same measure of protection
afforded by the existing standard under 30 CFR 75.1909(b)(6).
Docket Number: M-2019-055-C.
Petitioner: INMET Mining, LLC, 144 E Market Place Blvd., Knoxville,
TN 37922.
Mine: D-31 Cut Through, MSHA I.D. No. 44-06782, located in Lee
County, Virginia.
Regulation Affected: 30 CFR 75.1108(c) (Approved conveyor belts).
Modification Request: The petitioner requests a modification of the
existing 30 CFR 75.1108(c) standard as applied to the conveyor belt
that travels through the D-31 Cut Through Mine connecting the
operator's Kentucky Mining Operations to the Preparation Plant located
at St. Charles, VA. The petitioner submits that a modification of the
Part 14 belt standard is warranted because the existing safety measures
that the petitioner has in place will make the conveyor belt in the D-
31 Cut Through Mine as safe as is required by Part 14.
The petitioner states that:
(1) The D-31 Cut Through Mine was developed in the late 1990's in
order to create a belt conveyor corridor from the operator's Kentucky
Mining Operations to the P-14 Preparation Plant at St. Charles, VA
(MSHA ID No. 44-05898). The belt conveyor corridor through the mountain
ridge was created to avoid the trucking of raw coal and rock products
through a dangerous, narrow road to get to the P-14 Preparation Plant.
The D-31 Cut Through Mine transports coal, via the conveyor belt, from
D28 Huff Creek Mine (MSHA ID No. 15-17234), the D29 Darby Fork Mine
(MSHA ID No. 15-02263), and D30 Clover Fork Mine (MSHA ID No. 15-
18647). The underground mines belt the coal to the Central Surface
Stockpile area, where it is fed onto the conveyor belt and transported
to the P-14 Preparation Plant.
(2) The D-31 Cut Through Mine is approximately 9,300 feet in depth
or length. It has approximately 1,200 feet of maximum cover at the
center of the ridge and it has 600 feet of cover overall. The mine has
two surface portals, one at either side of the ridge, and an immediate
escape-way in either direction from underground.
(3) Once the main line was advanced through the mountain ridge,
underground mining activities were halted and the equipment was
removed. In 2003, the mine became Active Non-Producing Status and a
steel cable belting conveyor was installed to go from the Day's Creek
Stockpile Area to the P-14 Preparation Plant.
(4) The conveyor belt is a continuous belt system, without any
underground
[[Page 64108]]
transfer points, head drives, or major infrastructure other than the
belt system itself. The tail piece of the belting conveyor is outside
of the mine on the Day's Creek Stockpile Area side and the Head Drive
is outside of the mine on the P-14 Preparation Plant side.
(5) The mine ventilation is purely intake air from all four-five
headings. The ventilation system intakes from the Day's Creek Stockpile
Area side to the main mine fan, which is located on the P-14
Preparation Plant side. There are no worked out, sealed, gob, or face
areas in the mine, allowing for air intake throughout.
The petitioner proposes the following alternative method:
(a) Due to the existing fire safety features within the D-31 Cut
Through belting corridor, the operator is petitioning for the continued
use of the existing steel cable conveyor belt in the D-31 Cut Through
Mine.
(b) The only underground electrical power sources in the mine are
low voltages and used to operate underground mine phones, belt
monitoring equipment, employee tracking, and communication equipment.
(c) There are no underground belt drives, take-up units or transfer
points, reducing the potential for frictional heat sources in the mine.
(d) The belt conveyor, which has been in operation since 2003, is
one continuous length (19,500 lineal feet), using vulcanized splices,
reducing the heat potential.
(e) The mine has a three-inch water line running parallel to the
entire length of the belt conveyor along with fire valves every 300
feet along the belt conveyor.
(f) Fire-fighting equipment is accessible at both the surface
portals and in the underground mine. In addition, an underground fire-
fighting hose is stored along the belt conveyor and it can reach the
entirety of the belt conveyor from the fire valves.
(g) The main travelway of the D-31 Cut Through Mine is adjacent to
the belt conveyor, so that the examination of the entire belt conveyor
is possible each time the travelway is examined.
(h) A certified foreman examines the conveyor belt each shift it is
in operation. All hazardous conditions are recorded in an examination
book that is kept at the surface. Hazardous conditions are corrected
according to 30 CFR.
(i) The Certified Foreman(s) making the examinations are equipped
with gas detection equipment to monitor the mine atmosphere for
potential harmful gases and or potential fires.
(j) The Certified Foreman(s) are equipped with heat detection
equipment to check the temperature of the belting conveyor and the
associated belt idlers to detect the possible increase of temperature
and replace belt idles early to reduce the heat and fire potential.
(k) The mine has CO monitors at 1,000 foot intervals along the belt
conveyor that are continuously checked from a central location.
(l) There is no coal production, so there is no return air course.
All entries are intake air. The belt air velocity is typically greater
than 100 feet per minute. CO monitors along the belt conveyor alert the
command center when CO levels reach 8PPM above ambient. If CO levels
are above 13PPM, an alarm is sounded.
(m) The D-31 Cut Through Mine does not have a history of Methane
gas.
(n) The mine is open at both ends, so that if the mechanical
ventilation fan stops due to mechanical issues, natural ventilation
will still occur.
(o) The mine has portals at both ends of the mine and employees
have additional escape-ways if there is an emergency.
(p) The Certified Foreman and other employees are tracked
throughout the mine and their locations are monitored. These
individuals communicate through hand held radios, underground mine
phones, and a dial up telephone that is located midway through the
underground mine.
(q) Each end of the belt has turnovers so that no belt rollers come
in contact with the coal carrying dirty side of the belt. This lowers
fire risks, since combustible material does not come in contact with
the belt during belt turnovers.
(r) Since the underground mine does not have belt drives, transfer
points or take up units, combustible materials including grease and oil
are not used.
(s) The state of Kentucky and the state of Virginia have committed
emergency mine rescue teams within one hour from the mine in the event
of an emergency.
(t) Unless there is additional work required, miner exposure to the
D-31 Cut Through Mine is minimal and limited to: Inspection by the
Certified Foreman; occasional clean up; and belt replacements.
(u) The underground floor and coal ribs are generally damp, which
reduces the possibility of a fire.
(v) Since being built in 2003, there have been no accidents related
to the belt conveyor or the D-31 Cut Through.
(w) The operator wishes to continue to use the existing belt in the
D-31 Cut Through until the end of its life, which is approximately 5
years. Once the current belt needs to be replaced, it will be done so
with Part 14 approved belting. The operator finds that if the purpose
of 75.1108(c) is to reduce the potential for a fire, the current
safeguards meet such a fire safety standard.
Docket Number: M-2019-056-C.
Petitioner: Marfork Coal Company, LLC, P.O. Box 457, Whitesville,
WV 25209.
Mine: Markfork Processing, MSHA I.D. No. 46-08374, located in
Raleigh County, West Virginia.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the
existing 30 CFR 77.214(a) standard as applied to refuse piles. The
petitioner is requesting this modification in order to backfill six
abandoned mine openings with coal refuse as an alternative to 30 CFR
77.214(a), which does not allow locating refuse piles over abandoned
mine openings.
The petitioner states that:
(6) The six mine openings to be backfilled are located in the
Winifrede seam, which has an elevation of between 2000' and 2030'. The
six mine openings were formerly associated with the abandoned Dorothy
Mine that was operated by C&O Railway Fuel Mine Operations.
(7) Two of the six mine openings have not been sealed while the
other four are sealed with dirt. There are no pipes currently installed
at any of the entries.
(8) The mine dips to the northwest. Five of the six entries are on
the down-dip side of the mine while the last entry is north of the
hollow. Water from the six openings currently flows into an already
existing diversion ditch. There is no evidence that water is regularly
discharged from any of the openings.
The petitioner proposes the following alternative method:
(a) The six openings of the mine will be covered using coal refuse
as the construction material. All six openings will be back-stowed to a
length of 25 feet, as is required by 30 CFR 75.1711-2, using soil and
rock or flowable fill material such as JennChem Tek Seals or an
equivalent.
(b) The petitioner will build an underdrain system consisting of
durable rock cobbles and a perforated pipe, wrapped in filter fabric.
It will be installed at the base of the highwall along all six of the
mine openings.
(c) Two drains will be installed, one for the five entries on the
down-dip side of the mine and a second for the entry north of the
hollow. Each of the mine
[[Page 64109]]
entry pipes for the five entries on the down-dip side of the mine will
be connected and piped to the underdrain pipe.
(d) The mine entry pipes will be extended by a minimum of 40 feet
inby the opening and located along the rib in order to minimize
potential damage to the pipes during the backfill process. The
underdrain and mine drain will be extended to release into a perimeter
ditch located at the refuse facility.
(e) The mine openings and exposed coal seam will be covered with at
least four feet ofnon-combustible, non-refuse material including soil
and rock.
(f) In the event that water accumulates near sealed openings, an
internal drainage system will be constructed to provide a controlled
outlet to mitigate any potential combustion.
(g) The backfill zone isolates mine workings and the coal seam from
the proposed coal refuse fill, minimizing the potential for fire to
spread from the mine to the refuse fill.
(h) The coal refuse will be located in a maximum of two-foot lifts,
reducing the possibility of spontaneous combustion.
(i) The proposed backfill plan limits the potential for combustion
of the refuse or coal seam, which fulfills the intent of 30 CFR
77.214(a). The petitioner states that the proposed alternative provides
an equivalent or greater method of protection than is required by 30
CFR 77.214(a).
Docket Number: M-2019-007-M.
Petitioner: Genesis Alkali, LLC, P.O. Box 872, 580 Westvaco Rd.,
Green River, WY 82935.
Mine: Genesis Alkali @WESTVACO, MSHA I.D. No. 48-00152, located in
Sweetwater County, WY.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III
mines)).
Modification Request: The petitioner requests a modification of the
existing 30 CFR 57.22305 standard to permit an alternative, non-MSHA
approved Powered Air Purifying Respirator (PAPR). The petitioner
requests a modification of the existing standard to permit an
alternative method that will provide the same measure of protection as
the standard requires. The alternative PAPR is the 3M Versaflo TR-800
Intrinsically Safe Powered Air Purifying Respirator.
The petitioner states that:
(1) The petitioner's mine, Genesis Alkali @ Westvaco, is an
underground, Class III trona mine. The petitioner has historically
provided miners who wish to voluntarily wear respirators with 3M
Airstream Headgear-Mounted PAPRs. These respirators are MSHA approved
but they will be discontinued in 2020, according to the manufacturer.
(2) The proposed modification seeks relief from the application of
30 CFR 57.22305, and requests the use of a non-MSHA approved,
intrinsically safe, PAPR for the purpose of providing respiratory
protection and fresh air flow for miners who are potentially exposed to
nuisance dust. Such non-approved equipment would be used among miners
working under normal mining conditions in or beyond the last open
crosscut and where methane may enter the air current.
(3) The petitioner notes that the National Institute for
Occupational Safety and Health essentially states that the TR-800 was
tested to standards that should be considered equivalent to the MSHA
ACRI2001 criteria.
The petitioner proposes the following:
Miners who wish to use PAPRs will use the 3M Versaflo TR-800
Intrinsically Safe Powered Air Purifying Respirator (``TR-800''). While
it is not approved by MSHA, under 30 CFR parts 18 through 36, the TR-
800 has been extensively tested and approved as intrinsically safe
under the testing standards of Underwriters Laboratory (UL, which
operates in the United States and Canada), the American National
Standards Institute (ANSI), and the International Electrotechnical
Commission (IEC). Thus, the petitioner believes that the proposed
alternative method of using the TR-800 will at all times guarantee no
less than the same measure of protection afforded by the MSHA standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-25092 Filed 11-19-19; 8:45 am]
BILLING CODE 4520-43-P
