Petition for Modification of Application of an Existing Mandatory Safety Standard, 71670-71674 [2021-27346]
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shall be used exclusively to expose and
examine cased wells.
(13) Only persons engaged in the well
intersection shall be permitted in the
area of the well.
(14) The petitioner shall alert all
personnel in the mine of the planned
intersection of the well prior to their
going underground if the planned
intersection is to occur during their
shift. This warning shall be repeated for
all shifts until the well has been mined
through.
(15) The well intersection shall be
under the direct supervision of a
certified individual. Instructions
concerning the well intersection shall be
issued only by the certified individual
in charge.
(16) If the petitioner cannot find the
well in the middle of the panel or room
and misses the anticipated intersection,
mining shall cease and the District
Manager shall be notified.
(17) The terms and conditions of the
Decision and Order shall not impair the
authority of representatives of MSHA to
interrupt or halt the well intersection
and issue a withdrawal order should
they deem it necessary for the safety of
the miners. MSHA may order an
interruption or cessation of the well
intersection and/or a withdrawal of
personnel by issuing either an oral or
written order to that effect, to a
representative of the petitioner.
Operations in the affected area of the
mine may not resume until MSHA
permits resumption. The petitioner and
miners shall immediately comply with
oral or written MSHA orders.
(18) A copy of the Decision and Order
shall be maintained at the mine and be
available to the miners.
(19) If the well is not plugged to the
total depth of all minable coal seams
identified in the core hole logs, any coal
seams beneath the lowest plug will
remain subject to the barrier
requirements of 30 CFR 75.1700 should
those coal seams be developed in the
future.
(20) All necessary safety precautions
and safe practices according to industry
standards required by MSHA
regulations and State agencies having
jurisdiction over the plugging site shall
be followed to ensure the protection of
the miners involved in the process.
(21) All miners involved in the
plugging or re-plugging operations shall
be trained on the terms and conditions
of the Decision and Order prior to
starting the process, and a copy of the
Decision and Order shall be posted at
the well site until the plugging or replugging has been completed.
(22) Mechanical bridge plugs shall
incorporate the best available
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technologies that are either required or
recognized by the appropriate State
agency and/or oil and gas industry.
(23) Within 30 days after the Decision
and Order becomes final, the petitioner
shall submit proposed revisions for its
approved 30 CFR part 48 training plan
to the District Manager. These proposed
revisions shall include initial and
refresher training on compliance with
the terms and conditions stated in the
Decision and Order. The petitioner shall
provide all miners involved in well
intersection with training on the
requirements of the Decision and Order
prior to mining within 150 feet of the
next well intended to be mined through.
(24) The responsible person required
under 30 CFR 75.1501, Emergency
evacuations, shall responsible for well
intersection emergencies. The well
intersection procedures shall be
reviewed by the responsible person
prior to any planned intersection.
(25) Within 30 days after the Decision
and Order becomes final, the petitioner
shall submit proposed revisions for its
approved mine emergency evacuation
and firefighting program of instruction
required under 30 CFR 75.1502. The
petitioner will revise the program of
instruction to include the hazards and
evacuation procedures to be used for
well intersections. All underground
miners shall be trained on this revised
plan within 30 days of submittal. The
procedure as specified in 30 CFR 48.3
for approval of proposed revisions to
already approved training plans shall
apply.
The petitioner asserts that the
alternative method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Song-ae Aromie Noe,
Acting Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 2021–27347 Filed 12–16–21; 8:45 am]
BILLING CODE 4520–43–P
I. Background
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of an Existing Mandatory Safety
Standard
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice includes the
summary of a petition for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the party
listed below.
SUMMARY:
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All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before January 18, 2022.
ADDRESSES: You may submit your
comments including the docket number
of the petition 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: S.
Aromie Noe, Acting 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 petition and
comments during normal business
hours at the address listed above. Before
visiting MSHA in person, call 202–693–
9455 to make an appointment, in
keeping with the Department of Labor’s
COVID–19 policy. Special health
precautions may be required.
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: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Noe.Song-Ae.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 (CFR) part
44 govern the application, processing,
and disposition of petitions for
modification.
DATES:
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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.
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outby the tailpiece if the air is traveling
away from the face. The tailpiece and
the sensor shall be on the same split of
air.
3. Where a belt discharges onto a
II. Petition for Modification
conveyor tailpiece as a continuation of
Docket Number: M–2021–031–C.
a belt conveyor haulage system without
Petitioner: Fossil Rock Resources LLC, a change of direction, and the belt drive,
5125 N Cottonwood Road, Orangeville,
the belt take-up, and belt conveyor
UT 84537.
tailpiece are on the same split of air,
Mine: Fossil Rock Mine, MSHA ID No. only one low-level carbon monoxide
42–01211, located in Emery County,
senor shall be required at this location.
Utah.
Depending on the direction of the air
Regulation Affected: 30 CFR 75.350
flow, the sensor shall be installed not
(Belt air course ventilation).
more than 100 feet inby or outby the
Modification Request: The petitioner
belt drive, belt take-up, and tailpiece on
requests modification of the existing
the same split of air.
standard 30 CFR 75.350 to permit
4. During retreat, at a location not
alternative methods of compliance to
more than 100 feet outby the point-feed
accommodate the use of a two-entry
to the belt in the intake entry and inby
longwall mining system.
the point-feed in the belt entry.
5. Sensors shall be installed near the
The petitioner states that:
(1) Fossil Rock plans to operate a two-entry center of the upper third of the belt
entry, in a location that will not expose
longwall system using belt air in a two-entry
personnel working on the system to
mining system.
hazards. Sensors installed in the
(2) Geological conditions and historical
mining at this site have demonstrated that a
haulage entry shall be located in areas
two-entry longwall system will provide a safe where they are not subject to damage
roof control environment for the miners.
from mobile equipment. Sensors shall
(3) The special terms and conditions set
not be located in intersections,
out below will at all times provide a safe
atypically high-roofed areas or in other
work environment to the miners, and will
areas where air flow patterns do not
provide no less than the same measure of
protection afforded the miners by the existing permit products of combustion to be
carried to the sensors.
standard, 30 CFR 75.350.
B. Air velocity requirements in the
The petitioner proposes the following two-entry system:
alternative method of compliance to
1. The air in the monitored entry(s)
permit the use of the belt air course as
shall have a velocity of at least 50 feet
a return air course and to permit use of
per minute in the designated direction.
belt air to ventilate the working face:
2. Velocity measurements shall be
I. Requirements Applicable to Twotaken at locations in the entry which are
Entry Development, Longwall Set-up
representative of the cross-sectional
and Recovery, and Retreat Mining
areas found throughout the entry and
System.
not at locations where the entry is high
A. An atmospheric monitoring system (e.g., belt drives) or low (e.g., under
(AMS) that incorporates dieselovercasts).
discriminating sensors for early warning
C. Determination of the corrected
fire detection shall be installed in the
carbon monoxide ambient, alert, and
intake escapeway entry and the belt
alarm levels shall be as follows:
entry as follows:
1. Upon implementation of this
1. At the mouth of the section in the
petition, the corrected carbon monoxide
intake escapeway entry, at the beginning ambient level shall be 2 parts per
of the working section, and at intervals
million (ppm) and future ambient level
not to exceed 1,000 feet along the intake determinations shall be made under
escapeway entry between such
normal mining conditions as follows:
locations.
a. Properly calibrated carbon
2. At the mouth of the section in the
monoxide and nitric oxide sensors shall
belt entry, at a location between 50 and
be used for corrected ambient
100 feet inby the section belt drive if the determination where this petition
air is traveling toward the face, or outby requires monitoring with dieselif the air is traveling away from the face, discriminating sensors. A corrected
in the belt entry and at intervals not to
carbon monoxide ambient
exceed 1,000 feet along the belt
determination shall be made by either of
conveyor entry, except as provided in
the following methods:
i. Measurements from all two-entry
paragraphs (A)(3), (A)(4) and (J). A
diesel-discriminating sensors for each
monitoring device shall be located
separate air split shall be used.
between 50 feet and 100 feet inby the
Continuous readings shall be taken and
tailpiece if the air is traveling toward
the face, or between 50 feet and 100 feet recorded for a total of five (5)
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3. In addition, sections 44.10 and
44.11 of 30 CFR establish the
requirements for filing petitions for
modification.
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consecutive production shifts to
establish a history of corrected carbon
monoxide levels. The average of the
data collected for each air split will
determine its ambient level; or
ii. An equally effective method
approved as part of the mine ventilation
plan.
b. MSHA shall be notified when
ambient levels will be determined and
provided an opportunity to assist in
ambient level determination.
c. Corrected ambient levels shall be
representative of normal operating
conditions. Diesel equipment shall not
be idled unnecessarily in the air split
where the ambient level is being
determined. The number and type of
diesels entering and leaving the twoentry system will be documented during
ambient determination if MSHA
requests this information.
d. Corrected ambient levels can differ
between the two air courses in the twoentry system. Corrected ambient levels
can also be different for development,
retreat, longwall set-up and longwall
recovery. If different corrected ambient
levels are determined, either the lowest
corrected ambient level can be utilized
throughout the two-entry system, or the
atmospheric monitoring system can be
divided into distinct areas with the
appropriate pre-determined corrected
ambient level used.
2. The alert and alarm levels during
longwall set-up and recovery shall be 10
ppm and 15 ppm, respectively, above
the appropriate corrected ambient level.
The atmospheric monitoring system
data obtained during longwall set-up
and recovery shall be evaluated
periodically, as determined by the
District Manager, to determine if the
alert and alarm levels can be reduced,
taking into account problems associated
with nuisance alarms.
3. The alert and alarm levels for the
belt entry and primary escapeway entry
(intake entry) during development and
retreat mining shall be determined
consistent with such levels in the
approved ventilation and dust control
plans or emergency response plan. The
cross-sectional areas used for alert and
alarm level shall be measured at
locations in the entry representative of
the cross-sectional areas found
throughout the belt/intake entry and not
at locations where the entry is atypically
high (e.g., belt drives) or low (e.g., under
overcasts).
4. The carbon monoxide alert and
alarm levels established can differ
between the two air courses in the twoentry system. Alert and alarm levels can
also be different for development,
retreat, longwall set-up and longwall
recovery. The number of carbon
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monoxide alert and alarm settings used
shall be minimized and may be limited,
as determined by the District Manager,
to maintain system effectiveness.
5. The correct ambient level, or time
delay periods (parameters) may be
reevaluated at any time by MSHA or at
the request of the operator. Adjustments
to the parameters shall be made only
with prior MSHA approval. New
parameters shall be included in the
ventilation plan and submitted for
approval by the District Manager.
6. The AMS shall also activate an
alarm signal if the total concentration of
uncorrected carbon monoxide,
measured by any sensor, exceeds or is
equal to 50 ppm. This concentration
shall represent all carbon monoxide
present in the sensor’s atmosphere
which includes carbon monoxide from
diesel engines.
D. Audible and visual alarm devices
used on the section(s) shall be
permissible, if installed in areas where
permissible equipment is required.
Alarm devices shall give visual and
audible signals that can be seen and
heard at all times on the working
section(s), and at a location on the
surface of the mine where a responsible
person(s) is on duty at all times when
miners are underground. Alert devices
shall give visual and audible signals that
can be seen or heard at all times at such
surface locations whenever miners are
underground. When audible signals are
used for both the alert and alarm, the
signals shall be distinguishable from
each other.
1. The AMS may be designed to
include a time delay period, not to
exceed 60 seconds, for corrected carbon
monoxide alert and alarm signals. When
a sensor response remains within alert
or alarm range for longer than the
predetermined delay, visual and/or
audible signals will be given.
2. Section alarms shall be activated by
any sensor(s) from the mouth of the
section to the section loading point, and
shall also be activated by any sensor(s)
for a distance of 4,000 feet outby the
section loading point during initial
development. For the purpose of this
paragraph, ‘‘initial development’’ is
when the first 4,000 feet of two entries
is being developed. During that time
period, diesel-discriminating sensors
located in the conveyor belt entry for a
distance of 4,000 feet outby the twoentry section loading point shall
activate the section alarm.
3. When the AMS gives any visual or
audible alert signal, all persons in the
same split of air shall immediately be
notified and appropriate action shall be
taken to determine the cause of the
actuation. When the AMS gives any
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alarm signal, all persons in the same
split(s) of air shall immediately be
withdrawn to a safe location outby the
sensor(s) activating the alarm, unless the
cause is known not to be a hazard to the
miners. If the AMS gives any alarm at
shift change, no one shall be permitted
to enter the mine except qualified
persons designated to investigate the
source of the alarm. If miners are en
route into the mine, they shall be held
at, or be withdrawn to, a safe location
outby the sensor(s) activating the alarm.
Miners shall be permitted underground
when the source of the alarm is
determined, and the mine is deemed
safe to enter.
4. The mine evacuation plan required
by 30 CFR 75.1502 shall be revised to
specify the: Actions taken to determine
the cause of the alert and alarm signals;
muster locations for withdrawn miners
for each alarm signal; steps taken after
the cause of the alarm is determined;
and procedures followed if the alarm
signal is activated. Such revisions shall
be approved by the District Manager. A
record of each alert and alarm signal
given and the action taken shall be
maintained at the mine for a period of
1 year.
E. When miners are underground, a
responsible person shall be on duty at
all times at the surface location at the
mine to see the visual alert and hear the
audible alarm signals of the AMS when
the carbon monoxide reaches the levels
established in paragraphs (I)(C)(2) and
(I)(C)(3). This person shall have twoway communications with all working
sections. When the established alarm
signal levels are reached at any sensor
required by these special terms and
conditions, the responsible person shall
notify miners working inby the affected
sensor. The responsible person shall be
trained in operation of the AMS, and the
proper procedures to follow in the event
of an emergency or malfunction. In the
event of an emergency or malfunction,
the responsible person shall take
appropriate action immediately.
F. The AMS shall be visually
examined at least once each coalproducing shift, and tested for
functional operation at intervals not
exceeding 7 days to ensure the AMS is
functioning properly and that required
maintenance is performed. The AMS
shall be calibrated with known
concentrations of nitric oxide, carbon
monoxide, and air mixtures at intervals
not exceeding 30 calendar days. A
record of all weekly inspections,
monthly calibrations, and all
maintenance shall be maintained on the
surface and made available to a
representative of the Secretary and
miners’ representatives. The inspection
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record shall show the time and date of
each weekly inspection, calibration, and
all maintenance performed on the
system.
G. The AMS shall remain operative
for the purpose of warning of a fire for
a minimum of 4 hours after the source
of power to the belt is removed, except
when power is removed during a fan
stoppage or when the belt haulage way
is examined as provided in 30 CFR
75.1103–4(e)(1) and (e)(2).
H. The AMS shall be capable of
detecting electrical malfunctions such
as electrical short circuits, open circuits,
and ground faults and, where
applicable, pneumatic malfunctions in
the system.
I. The AMS shall be capable of
identifying any activated sensor. A map
or schematic identifying each belt flight
and the details for the AMS shall be
posted at the mine.
J. If at any time, the AMS which
consists of both diesel-discriminating
sensors and methane sensors as outlined
in Section II, or any portion of these
systems required by these special terms
and conditions has been de-energized
for reasons such as routine maintenance
or failure of a sensor unit, the belt
conveyor may continue to operate
provided the miners in the working
section affected are notified of the
situation and the affected portion of the
belt conveyor or intake entry(s) is
continuously patrolled and monitored
for carbon monoxide and methane in
the following manner until the AMS is
returned to normal operation:
1. The patrolling and monitoring must
be conducted by a qualified person or
persons in accordance with 30 CFR
75.2.
2. The qualified person(s) performing
atmospheric monitoring for carbon
monoxide and methane or both shall at
all times be equipped with a two-way
communication device enabling
communication with a designated
person on the surface.
3. If one sensor becomes inoperative,
a qualified person shall monitor at that
location.
4. If two or more adjacent sensors
become inoperative, a qualified person
shall patrol and monitor the affected
area at least once each hour.
5. If the entire system becomes
inoperative, a sufficient number of
qualified persons shall patrol and
monitor the affected entries of the mine
so that the affected entries will be
traveled once each hour in their
entirety.
6. Each of these qualified persons
shall be provided with a handheld
carbon monoxide detector and a
handheld methane detector. A carbon
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monoxide detector and a methane
detector shall also be available for use
on each working section in the event the
monitoring system is de-energized or
fails.
7. The procedures outlined are
applicable only for the reasonable
amount of time required to repair or
replace the equipment causing the
malfunction. The mine operator shall
begin corrective actions immediately
and continue until the defective
equipment causing the malfunction is
replaced or repaired. The responsible
person on the surface shall immediately
establish two-way communication with
the working section(s) and notify them
of the particular malfunction(s) or
problem(s).
8. Monitoring with handheld
detectors shall not be used in lieu of
installation and use of the fire detection
and methane monitoring systems
described in this Petition.
9. Time delays shall not be applied to
measurements made with handheld
detectors. Since handheld detector
measurements will include carbon
monoxide from diesel-powered
equipment, the alert and alarm levels for
carbon monoxide when qualified
persons are patrolling or monitoring
with hand-held detectors shall be 15
ppm and 20 ppm, respectively. These
levels shall be incorporated into the
ventilation plan required by 30 CFR
75.370.
K. The details for the fire detection
system and methane monitoring system,
including the type of monitors and
specific sensor locations on the mine
map, shall be included in the
ventilation plan required by 30 CFR
75.370. Additional carbon monoxide
sensors and methane sensors shall be
installed if required by the District
Manager to ensure the safety of the
miners, and the corresponding parts of
the ventilation plan updated
accordingly.
L. The concentration of respirable
dust in the intake air coursed through a
belt conveyor haulage way shall not
exceed 1.0 mg/m3. Compliance with this
requirement will be determined by
establishing a designated area (DA)
sampling location within 15 feet outby
the working section belt tailpiece just
outby any air split point introduced into
the belt entry and by sampling in
accordance with 30 CFR 70.208. The
specific DA sampling location shall be
identified in the operator’s ventilation
plan with a four-digit number beginning
with 8, followed by the middle two
digits of the MMU number, and ending
with 9 (e.g., 8119 for MMU 0110).
M. Administrative controls shall be
developed establishing procedures for
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planning and communication of
activities which are known to result in
elevated carbon monoxide levels which
do not present a hazard to miners
working inby. All persons working in
the two-entry longwall panel shall be
trained as to the requirements of these
administrative controls. In the case of
diesel equipment operators, the training
shall include the locations of dieseldiscriminating sensors to minimize false
alarms. Diesel equipment operators
shall be instructed not to idle machines
near diesel-discriminating sensors.
Administrative controls shall also be
used to minimize the number and type
of pieces of diesel equipment in the
two-entry system and to notify miners
on the working section when any diesel
equipment is operating in the two-entry
system and when welding operations
are performed in order to avoid false
alert and alarm signals. These
administrative controls shall be
incorporated into the ventilation plan
for the mine.
N. During the operation of diesel
equipment in the two-entry panel, the
minimum quantity of air for a single
unit shall be at least that specified on
the approval plate for that equipment.
Where multiple diesel units are
operated, the minimum quantity shall
be the total sum, for all units, of 100
percent of the air quantity on the
approval plate of each diesel unit. The
air quantity shall be measured at the
following locations:
1. In the intake entry across from the
section loading point during
development mining.
2. In the belt entry and intake entry
at the section loading point during
retreat.
3. In the intake entry across from the
projected location for the section
loading point during longwall
equipment setup.
4. In the intake entry across from the
location of the last loading point during
equipment recovery.
In any instance where the air current
splits inby these designated measuring
points, the minimum air quantity for
each split shall be the total sum of 100
percent of the air quantity on the
approval plate for each diesel unit in the
split.
O. Each diesel powered equipment
operated on any two-entry longwall
development or two-entry longwall
panel shall be provided with a fire
suppression system. Equipment used in
the primary escapeway shall be
provided with a fire suppression system
in accordance with 30 CFR 75.380(f)(2).
P. All diesel-powered equipment
operated on any two-entry longwall
development or two-entry longwall
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panel shall be equipment approved
under 30 CFR part 36 with the
exception of non-approved dieselpowered ambulances used in emergency
situations to transport injured personnel
to the surface. These ambulances shall
not be stored in the two-entry panel.
Q. Diesel fuel shall not be stored in
the two-entry panel.
R. Personnel carriers or other
transportation equipment shall be
maintained on or near the working
section, shall be of sufficient capacity to
transport all persons who may be in the
area, and shall be located within 300
feet of the section loading point.
S. During development of the two
entry system, a rock dusting unit shall
be installed in the belt conveyor entry
near the section loading point. Also,
during longwall retreat mining in the
two-entry panel, a rock dusting unit
shall be installed at or near the last
tailgate shield. These rock dusting units
shall be operated continuously when
coal is being produced, except when
miners are performing maintenance,
inspections, or other required work in
these areas.
T. Fire doors designed to quickly
isolate the working section shall be
installed in both entries for potential
use in emergency situations. The fire
doors shall be operable throughout the
duration of the two-entry panel. A plan
for the emergency closure of these fire
doors, notification of personnel, and deenergization of electric power inby the
doors shall be included in the approved
ventilation plan. Miners shall be trained
in these specific plan provisions.
U. When the hydraulic fluid pump
station for the longwall support system
is located in the two-entry system, it
shall be installed and maintained as
follows:
1. The pumps and electrical controls
shall be equipped with an automatic fire
suppression system.
2. Only MSHA-approved fire resistant
hydraulic fluid of the ‘‘high water
content group’’ may be used.
3. The pump station shall be
maintained to within 1,200 feet of the
longwall face.
4. In addition to the concentrate
contained as part of the hydraulic pump
system, hydraulic concentrate stored in
the two entry system shall be limited to
500 gallons.
5. A diesel-discriminating carbon
monoxide sensor shall be installed
between 50 and 100 feet downwind of
the hydraulic pump station. The sensor
shall be installed in a location that will
detect carbon monoxide caused by a fire
and in a location to prevent damage
from mobile equipment.
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6. Whenever the transformer
supplying power to the hydraulic
pumping station is located in the intake
entry, the transformer shall be:
a. Maintained within 1,200 feet of the
longwall face.
b. Provided with a dieseldiscriminating sensor which is located
on the inby side of the transformer in a
location that will detect carbon
monoxide caused by a fire and prevent
damage from mobile equipment.
c. Provided with an over-temperature
device that shall de-energize the
transformer when the temperature
reaches 165 degrees Fahrenheit.
7. Each hydraulic pump shall be
provided with an over-temperature
device that automatically de-energizes
the motor on which it is installed. Deenergization shall take place at a
temperature of not more than 210
degrees Fahrenheit. The overtemperature device shall be installed at
one of the following locations:
a. The circulating oil for the pump; or
b. The external pump case housing.
8. Personal protective equipment as
listed on the Material Safety Data Sheet
(MSDS) for the fire-resistant hydraulic
fluid shall be provided for use when
adding bulk emulsion oil at the pump
station.
V. At least one self-contained selfrescuer shall be available for each
person on the working section at all
times, and shall be carried into the
section and carried on the section, or
stored on the section, while advancing
the two-entry development. During
longwall retreat mining, at least two
self-contained self-rescuers shall be
available for each person regularly
assigned to the working section. One
shall be stored near the face in the
headgate entries at a readily accessible
location and one shall be stored near the
tailgate entries. These locations shall be
specified in the mine evacuation plan
approved by the District Manager under
30 CFR 75.1502.
W. In addition to the requirements of
30 CFR 75.1100–2(b), firehose outlets
shall be installed along the intake entry,
with valves every 300 feet. At least 500
feet of firehose, with fittings suitable for
connection with the outlets, shall be
stored at each strategic location along
the intake entry. The strategic locations
shall be specified in the firefighting and
evacuation plan.
X. Compressor stations and
unattended portable compressors shall
not be located in the two-entry panel.
II. Additional Requirements
Applicable to the Development of TwoEntry Panels, and Longwall Set-up and
Recovery.
VerDate Sep<11>2014
17:39 Dec 16, 2021
Jkt 256001
A. A methane monitoring system shall
be installed to monitor the air in each
belt haulage entry. The methane sensors
shall be located so that the belt air is
monitored near the mouth of the
development or retreat section, near the
tailpiece of the belt conveyor, and at or
near any secondary belt drive unit
installed in the belt haulage entry.
B. The methane monitoring system
shall 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 have two-way
communication with all working
sections and will be on duty at all times
when miners are underground. The
system shall initiate alert signals when
the level of methane exceeds 0.8 volume
per centum, and alarm signals when tile
level is 1.0 volume per centum. The
methane monitoring system shall be
designed and installed to de-energize
the belt conveyor drive units and the
equipment located on the section when
the level of methane equals or exceeds
1.0 volume per centum.
C. The methane monitoring system
shall be visually examined at least once
every 24 hours to ensure proper
functioning. The system shall be
inspected by a person qualified for such
work at intervals not exceeding 7 days.
The qualified person shall ensure that
the devices are operating properly and
that the required maintenance, as
recommended by the manufacturer, is
performed. The monitoring devices
shall be calibrated with known
quantities of methane-air mixtures at
intervals not exceeding 31 calendar
days. An inspection record shall be
maintained on the surface and made
available to a representative of the
Secretary and representative(s) of
miners. The inspection record shall
show the date and time of each weekly
inspection and calibration of the
monitor and all maintenance performed,
whether at the time of the weekly
inspection or otherwise
III. Implementation and Training
Requirements.
A. If the Petition is granted, the
petitioner shall provide two separate
intake air courses within each long-wall
panel to each two-entry longwall. Both
air courses may be located on the same
side of the panel; however, the air shall
travel in a direction from the mouth of
the panel toward the section.
B. The petitioner shall not operate a
two-entry longwall systems using belt
air until MSHA conducts an inspection
or otherwise determines that the terms
and conditions of this Petition have
been met and that the miners have been
trained in proper evacuation
PO 00000
Frm 00062
Fmt 4703
Sfmt 4703
procedures, including instructions and
drills in evacuation and instructions in
precautions to be taken for escape
through smoke.
C. Within 60 days after this Petition
becomes final, the petitioner shall
submit proposed revisions for its
approved 30 CFR part 48 training plan
to the Coal Mine Safety and Health
District Manager. These proposed
revisions shall specify initial and
refresher training regarding the
conditions specified by the Petition.
D. The terms and conditions of this
Petition will not apply during the time
period from completion of the
development mining of the two-entry
longwall panel until the beginning of
the longwall equipment set-up
activities, provided the conveyor belt in
the two-entry panel is not energized.
During this time period all relevant
standards will apply.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners by the existing standard.
Song-ae Aromie Noe,
Acting Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 2021–27346 Filed 12–16–21; 8:45 am]
BILLING CODE 4520–43–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–21–0021; NARA–2022–017]
Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments.
AGENCY:
The National Archives and
Records Administration (NARA)
publishes notice of certain Federal
agency requests for records disposition
authority (records schedules). We
publish notice in the Federal Register
and on regulations.gov for records
schedules in which agencies propose to
dispose of records they no longer need
to conduct agency business. We invite
public comments on such records
schedules.
SUMMARY:
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ADDRESSES: To view a records schedule
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one, use the following address: https://
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E:\FR\FM\17DEN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71670-71674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27346]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of an Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice includes the summary of a petition for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before January 18, 2022.
ADDRESSES: You may submit your comments including the docket number of
the petition 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: S. Aromie Noe, Acting
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 petition and comments during normal business hours at the address
listed above. Before visiting MSHA in person, call 202-693-9455 to make
an appointment, in keeping with the Department of Labor's COVID-19
policy. Special health precautions may be required.
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: S. Aromie Noe, 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
(CFR) 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.
[[Page 71671]]
3. In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2021-031-C.
Petitioner: Fossil Rock Resources LLC, 5125 N Cottonwood Road,
Orangeville, UT 84537.
Mine: Fossil Rock Mine, MSHA ID No. 42-01211, located in Emery
County, Utah.
Regulation Affected: 30 CFR 75.350 (Belt air course ventilation).
Modification Request: The petitioner requests modification of the
existing standard 30 CFR 75.350 to permit alternative methods of
compliance to accommodate the use of a two-entry longwall mining
system.
The petitioner states that:
(1) Fossil Rock plans to operate a two-entry longwall system
using belt air in a two-entry mining system.
(2) Geological conditions and historical mining at this site
have demonstrated that a two-entry longwall system will provide a
safe roof control environment for the miners.
(3) The special terms and conditions set out below will at all
times provide a safe work environment to the miners, and will
provide no less than the same measure of protection afforded the
miners by the existing standard, 30 CFR 75.350.
The petitioner proposes the following alternative method of
compliance to permit the use of the belt air course as a return air
course and to permit use of belt air to ventilate the working face:
I. Requirements Applicable to Two-Entry Development, Longwall Set-
up and Recovery, and Retreat Mining System.
A. An atmospheric monitoring system (AMS) that incorporates diesel-
discriminating sensors for early warning fire detection shall be
installed in the intake escapeway entry and the belt entry as follows:
1. At the mouth of the section in the intake escapeway entry, at
the beginning of the working section, and at intervals not to exceed
1,000 feet along the intake escapeway entry between such locations.
2. At the mouth of the section in the belt entry, at a location
between 50 and 100 feet inby the section belt drive if the air is
traveling toward the face, or outby if the air is traveling away from
the face, in the belt entry and at intervals not to exceed 1,000 feet
along the belt conveyor entry, except as provided in paragraphs (A)(3),
(A)(4) and (J). A monitoring device shall be located between 50 feet
and 100 feet inby the tailpiece if the air is traveling toward the
face, or between 50 feet and 100 feet outby the tailpiece if the air is
traveling away from the face. The tailpiece and the sensor shall be on
the same split of air.
3. Where a belt discharges onto a conveyor tailpiece as a
continuation of a belt conveyor haulage system without a change of
direction, and the belt drive, the belt take-up, and belt conveyor
tailpiece are on the same split of air, only one low-level carbon
monoxide senor shall be required at this location. Depending on the
direction of the air flow, the sensor shall be installed not more than
100 feet inby or outby the belt drive, belt take-up, and tailpiece on
the same split of air.
4. During retreat, at a location not more than 100 feet outby the
point-feed to the belt in the intake entry and inby the point-feed in
the belt entry.
5. Sensors shall be installed near the center of the upper third of
the belt entry, in a location that will not expose personnel working on
the system to hazards. Sensors installed in the haulage entry shall be
located in areas where they are not subject to damage from mobile
equipment. Sensors shall not be located in intersections, atypically
high-roofed areas or in other areas where air flow patterns do not
permit products of combustion to be carried to the sensors.
B. Air velocity requirements in the two-entry system:
1. The air in the monitored entry(s) shall have a velocity of at
least 50 feet per minute in the designated direction.
2. Velocity measurements shall be taken at locations in the entry
which are representative of the cross-sectional areas found throughout
the entry and not at locations where the entry is high (e.g., belt
drives) or low (e.g., under overcasts).
C. Determination of the corrected carbon monoxide ambient, alert,
and alarm levels shall be as follows:
1. Upon implementation of this petition, the corrected carbon
monoxide ambient level shall be 2 parts per million (ppm) and future
ambient level determinations shall be made under normal mining
conditions as follows:
a. Properly calibrated carbon monoxide and nitric oxide sensors
shall be used for corrected ambient determination where this petition
requires monitoring with diesel-discriminating sensors. A corrected
carbon monoxide ambient determination shall be made by either of the
following methods:
i. Measurements from all two-entry diesel-discriminating sensors
for each separate air split shall be used. Continuous readings shall be
taken and recorded for a total of five (5) consecutive production
shifts to establish a history of corrected carbon monoxide levels. The
average of the data collected for each air split will determine its
ambient level; or
ii. An equally effective method approved as part of the mine
ventilation plan.
b. MSHA shall be notified when ambient levels will be determined
and provided an opportunity to assist in ambient level determination.
c. Corrected ambient levels shall be representative of normal
operating conditions. Diesel equipment shall not be idled unnecessarily
in the air split where the ambient level is being determined. The
number and type of diesels entering and leaving the two-entry system
will be documented during ambient determination if MSHA requests this
information.
d. Corrected ambient levels can differ between the two air courses
in the two-entry system. Corrected ambient levels can also be different
for development, retreat, longwall set-up and longwall recovery. If
different corrected ambient levels are determined, either the lowest
corrected ambient level can be utilized throughout the two-entry
system, or the atmospheric monitoring system can be divided into
distinct areas with the appropriate pre-determined corrected ambient
level used.
2. The alert and alarm levels during longwall set-up and recovery
shall be 10 ppm and 15 ppm, respectively, above the appropriate
corrected ambient level. The atmospheric monitoring system data
obtained during longwall set-up and recovery shall be evaluated
periodically, as determined by the District Manager, to determine if
the alert and alarm levels can be reduced, taking into account problems
associated with nuisance alarms.
3. The alert and alarm levels for the belt entry and primary
escapeway entry (intake entry) during development and retreat mining
shall be determined consistent with such levels in the approved
ventilation and dust control plans or emergency response plan. The
cross-sectional areas used for alert and alarm level shall be measured
at locations in the entry representative of the cross-sectional areas
found throughout the belt/intake entry and not at locations where the
entry is atypically high (e.g., belt drives) or low (e.g., under
overcasts).
4. The carbon monoxide alert and alarm levels established can
differ between the two air courses in the two-entry system. Alert and
alarm levels can also be different for development, retreat, longwall
set-up and longwall recovery. The number of carbon
[[Page 71672]]
monoxide alert and alarm settings used shall be minimized and may be
limited, as determined by the District Manager, to maintain system
effectiveness.
5. The correct ambient level, or time delay periods (parameters)
may be reevaluated at any time by MSHA or at the request of the
operator. Adjustments to the parameters shall be made only with prior
MSHA approval. New parameters shall be included in the ventilation plan
and submitted for approval by the District Manager.
6. The AMS shall also activate an alarm signal if the total
concentration of uncorrected carbon monoxide, measured by any sensor,
exceeds or is equal to 50 ppm. This concentration shall represent all
carbon monoxide present in the sensor's atmosphere which includes
carbon monoxide from diesel engines.
D. Audible and visual alarm devices used on the section(s) shall be
permissible, if installed in areas where permissible equipment is
required. Alarm devices shall give visual and audible signals that can
be seen and heard at all times on the working section(s), and at a
location on the surface of the mine where a responsible person(s) is on
duty at all times when miners are underground. Alert devices shall give
visual and audible signals that can be seen or heard at all times at
such surface locations whenever miners are underground. When audible
signals are used for both the alert and alarm, the signals shall be
distinguishable from each other.
1. The AMS may be designed to include a time delay period, not to
exceed 60 seconds, for corrected carbon monoxide alert and alarm
signals. When a sensor response remains within alert or alarm range for
longer than the predetermined delay, visual and/or audible signals will
be given.
2. Section alarms shall be activated by any sensor(s) from the
mouth of the section to the section loading point, and shall also be
activated by any sensor(s) for a distance of 4,000 feet outby the
section loading point during initial development. For the purpose of
this paragraph, ``initial development'' is when the first 4,000 feet of
two entries is being developed. During that time period, diesel-
discriminating sensors located in the conveyor belt entry for a
distance of 4,000 feet outby the two-entry section loading point shall
activate the section alarm.
3. When the AMS gives any visual or audible alert signal, all
persons in the same split of air shall immediately be notified and
appropriate action shall be taken to determine the cause of the
actuation. When the AMS gives any alarm signal, all persons in the same
split(s) of air shall immediately be withdrawn to a safe location outby
the sensor(s) activating the alarm, unless the cause is known not to be
a hazard to the miners. If the AMS gives any alarm at shift change, no
one shall be permitted to enter the mine except qualified persons
designated to investigate the source of the alarm. If miners are en
route into the mine, they shall be held at, or be withdrawn to, a safe
location outby the sensor(s) activating the alarm. Miners shall be
permitted underground when the source of the alarm is determined, and
the mine is deemed safe to enter.
4. The mine evacuation plan required by 30 CFR 75.1502 shall be
revised to specify the: Actions taken to determine the cause of the
alert and alarm signals; muster locations for withdrawn miners for each
alarm signal; steps taken after the cause of the alarm is determined;
and procedures followed if the alarm signal is activated. Such
revisions shall be approved by the District Manager. A record of each
alert and alarm signal given and the action taken shall be maintained
at the mine for a period of 1 year.
E. When miners are underground, a responsible person shall be on
duty at all times at the surface location at the mine to see the visual
alert and hear the audible alarm signals of the AMS when the carbon
monoxide reaches the levels established in paragraphs (I)(C)(2) and
(I)(C)(3). This person shall have two-way communications with all
working sections. When the established alarm signal levels are reached
at any sensor required by these special terms and conditions, the
responsible person shall notify miners working inby the affected
sensor. The responsible person shall be trained in operation of the
AMS, and the proper procedures to follow in the event of an emergency
or malfunction. In the event of an emergency or malfunction, the
responsible person shall take appropriate action immediately.
F. The AMS shall be visually examined at least once each coal-
producing shift, and tested for functional operation at intervals not
exceeding 7 days to ensure the AMS is functioning properly and that
required maintenance is performed. The AMS shall be calibrated with
known concentrations of nitric oxide, carbon monoxide, and air mixtures
at intervals not exceeding 30 calendar days. A record of all weekly
inspections, monthly calibrations, and all maintenance shall be
maintained on the surface and made available to a representative of the
Secretary and miners' representatives. The inspection record shall show
the time and date of each weekly inspection, calibration, and all
maintenance performed on the system.
G. The AMS shall remain operative for the purpose of warning of a
fire for a minimum of 4 hours after the source of power to the belt is
removed, except when power is removed during a fan stoppage or when the
belt haulage way is examined as provided in 30 CFR 75.1103-4(e)(1) and
(e)(2).
H. The AMS shall be capable of detecting electrical malfunctions
such as electrical short circuits, open circuits, and ground faults
and, where applicable, pneumatic malfunctions in the system.
I. The AMS shall be capable of identifying any activated sensor. A
map or schematic identifying each belt flight and the details for the
AMS shall be posted at the mine.
J. If at any time, the AMS which consists of both diesel-
discriminating sensors and methane sensors as outlined in Section II,
or any portion of these systems required by these special terms and
conditions has been de-energized for reasons such as routine
maintenance or failure of a sensor unit, the belt conveyor may continue
to operate provided the miners in the working section affected are
notified of the situation and the affected portion of the belt conveyor
or intake entry(s) is continuously patrolled and monitored for carbon
monoxide and methane in the following manner until the AMS is returned
to normal operation:
1. The patrolling and monitoring must be conducted by a qualified
person or persons in accordance with 30 CFR 75.2.
2. The qualified person(s) performing atmospheric monitoring for
carbon monoxide and methane or both shall at all times be equipped with
a two-way communication device enabling communication with a designated
person on the surface.
3. If one sensor becomes inoperative, a qualified person shall
monitor at that location.
4. If two or more adjacent sensors become inoperative, a qualified
person shall patrol and monitor the affected area at least once each
hour.
5. If the entire system becomes inoperative, a sufficient number of
qualified persons shall patrol and monitor the affected entries of the
mine so that the affected entries will be traveled once each hour in
their entirety.
6. Each of these qualified persons shall be provided with a
handheld carbon monoxide detector and a handheld methane detector. A
carbon
[[Page 71673]]
monoxide detector and a methane detector shall also be available for
use on each working section in the event the monitoring system is de-
energized or fails.
7. The procedures outlined are applicable only for the reasonable
amount of time required to repair or replace the equipment causing the
malfunction. The mine operator shall begin corrective actions
immediately and continue until the defective equipment causing the
malfunction is replaced or repaired. The responsible person on the
surface shall immediately establish two-way communication with the
working section(s) and notify them of the particular malfunction(s) or
problem(s).
8. Monitoring with handheld detectors shall not be used in lieu of
installation and use of the fire detection and methane monitoring
systems described in this Petition.
9. Time delays shall not be applied to measurements made with
handheld detectors. Since handheld detector measurements will include
carbon monoxide from diesel-powered equipment, the alert and alarm
levels for carbon monoxide when qualified persons are patrolling or
monitoring with hand-held detectors shall be 15 ppm and 20 ppm,
respectively. These levels shall be incorporated into the ventilation
plan required by 30 CFR 75.370.
K. The details for the fire detection system and methane monitoring
system, including the type of monitors and specific sensor locations on
the mine map, shall be included in the ventilation plan required by 30
CFR 75.370. Additional carbon monoxide sensors and methane sensors
shall be installed if required by the District Manager to ensure the
safety of the miners, and the corresponding parts of the ventilation
plan updated accordingly.
L. The concentration of respirable dust in the intake air coursed
through a belt conveyor haulage way shall not exceed 1.0 mg/m\3\.
Compliance with this requirement will be determined by establishing a
designated area (DA) sampling location within 15 feet outby the working
section belt tailpiece just outby any air split point introduced into
the belt entry and by sampling in accordance with 30 CFR 70.208. The
specific DA sampling location shall be identified in the operator's
ventilation plan with a four-digit number beginning with 8, followed by
the middle two digits of the MMU number, and ending with 9 (e.g., 8119
for MMU 0110).
M. Administrative controls shall be developed establishing
procedures for planning and communication of activities which are known
to result in elevated carbon monoxide levels which do not present a
hazard to miners working inby. All persons working in the two-entry
longwall panel shall be trained as to the requirements of these
administrative controls. In the case of diesel equipment operators, the
training shall include the locations of diesel-discriminating sensors
to minimize false alarms. Diesel equipment operators shall be
instructed not to idle machines near diesel-discriminating sensors.
Administrative controls shall also be used to minimize the number and
type of pieces of diesel equipment in the two-entry system and to
notify miners on the working section when any diesel equipment is
operating in the two-entry system and when welding operations are
performed in order to avoid false alert and alarm signals. These
administrative controls shall be incorporated into the ventilation plan
for the mine.
N. During the operation of diesel equipment in the two-entry panel,
the minimum quantity of air for a single unit shall be at least that
specified on the approval plate for that equipment. Where multiple
diesel units are operated, the minimum quantity shall be the total sum,
for all units, of 100 percent of the air quantity on the approval plate
of each diesel unit. The air quantity shall be measured at the
following locations:
1. In the intake entry across from the section loading point during
development mining.
2. In the belt entry and intake entry at the section loading point
during retreat.
3. In the intake entry across from the projected location for the
section loading point during longwall equipment setup.
4. In the intake entry across from the location of the last loading
point during equipment recovery.
In any instance where the air current splits inby these designated
measuring points, the minimum air quantity for each split shall be the
total sum of 100 percent of the air quantity on the approval plate for
each diesel unit in the split.
O. Each diesel powered equipment operated on any two-entry longwall
development or two-entry longwall panel shall be provided with a fire
suppression system. Equipment used in the primary escapeway shall be
provided with a fire suppression system in accordance with 30 CFR
75.380(f)(2).
P. All diesel-powered equipment operated on any two-entry longwall
development or two-entry longwall panel shall be equipment approved
under 30 CFR part 36 with the exception of non-approved diesel-powered
ambulances used in emergency situations to transport injured personnel
to the surface. These ambulances shall not be stored in the two-entry
panel.
Q. Diesel fuel shall not be stored in the two-entry panel.
R. Personnel carriers or other transportation equipment shall be
maintained on or near the working section, shall be of sufficient
capacity to transport all persons who may be in the area, and shall be
located within 300 feet of the section loading point.
S. During development of the two entry system, a rock dusting unit
shall be installed in the belt conveyor entry near the section loading
point. Also, during longwall retreat mining in the two-entry panel, a
rock dusting unit shall be installed at or near the last tailgate
shield. These rock dusting units shall be operated continuously when
coal is being produced, except when miners are performing maintenance,
inspections, or other required work in these areas.
T. Fire doors designed to quickly isolate the working section shall
be installed in both entries for potential use in emergency situations.
The fire doors shall be operable throughout the duration of the two-
entry panel. A plan for the emergency closure of these fire doors,
notification of personnel, and de-energization of electric power inby
the doors shall be included in the approved ventilation plan. Miners
shall be trained in these specific plan provisions.
U. When the hydraulic fluid pump station for the longwall support
system is located in the two-entry system, it shall be installed and
maintained as follows:
1. The pumps and electrical controls shall be equipped with an
automatic fire suppression system.
2. Only MSHA-approved fire resistant hydraulic fluid of the ``high
water content group'' may be used.
3. The pump station shall be maintained to within 1,200 feet of the
longwall face.
4. In addition to the concentrate contained as part of the
hydraulic pump system, hydraulic concentrate stored in the two entry
system shall be limited to 500 gallons.
5. A diesel-discriminating carbon monoxide sensor shall be
installed between 50 and 100 feet downwind of the hydraulic pump
station. The sensor shall be installed in a location that will detect
carbon monoxide caused by a fire and in a location to prevent damage
from mobile equipment.
[[Page 71674]]
6. Whenever the transformer supplying power to the hydraulic
pumping station is located in the intake entry, the transformer shall
be:
a. Maintained within 1,200 feet of the longwall face.
b. Provided with a diesel-discriminating sensor which is located on
the inby side of the transformer in a location that will detect carbon
monoxide caused by a fire and prevent damage from mobile equipment.
c. Provided with an over-temperature device that shall de-energize
the transformer when the temperature reaches 165 degrees Fahrenheit.
7. Each hydraulic pump shall be provided with an over-temperature
device that automatically de-energizes the motor on which it is
installed. De-energization shall take place at a temperature of not
more than 210 degrees Fahrenheit. The over-temperature device shall be
installed at one of the following locations:
a. The circulating oil for the pump; or
b. The external pump case housing.
8. Personal protective equipment as listed on the Material Safety
Data Sheet (MSDS) for the fire-resistant hydraulic fluid shall be
provided for use when adding bulk emulsion oil at the pump station.
V. At least one self-contained self-rescuer shall be available for
each person on the working section at all times, and shall be carried
into the section and carried on the section, or stored on the section,
while advancing the two-entry development. During longwall retreat
mining, at least two self-contained self-rescuers shall be available
for each person regularly assigned to the working section. One shall be
stored near the face in the headgate entries at a readily accessible
location and one shall be stored near the tailgate entries. These
locations shall be specified in the mine evacuation plan approved by
the District Manager under 30 CFR 75.1502.
W. In addition to the requirements of 30 CFR 75.1100-2(b), firehose
outlets shall be installed along the intake entry, with valves every
300 feet. At least 500 feet of firehose, with fittings suitable for
connection with the outlets, shall be stored at each strategic location
along the intake entry. The strategic locations shall be specified in
the firefighting and evacuation plan.
X. Compressor stations and unattended portable compressors shall
not be located in the two-entry panel.
II. Additional Requirements Applicable to the Development of Two-
Entry Panels, and Longwall Set-up and Recovery.
A. A methane monitoring system shall be installed to monitor the
air in each belt haulage entry. The methane sensors shall be located so
that the belt air is monitored near the mouth of the development or
retreat section, near the tailpiece of the belt conveyor, and at or
near any secondary belt drive unit installed in the belt haulage entry.
B. The methane monitoring system shall 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 have two-way
communication with all working sections and will be on duty at all
times when miners are underground. The system shall initiate alert
signals when the level of methane exceeds 0.8 volume per centum, and
alarm signals when tile level is 1.0 volume per centum. The methane
monitoring system shall be designed and installed to de-energize the
belt conveyor drive units and the equipment located on the section when
the level of methane equals or exceeds 1.0 volume per centum.
C. The methane monitoring system shall be visually examined at
least once every 24 hours to ensure proper functioning. The system
shall be inspected by a person qualified for such work at intervals not
exceeding 7 days. The qualified person shall ensure that the devices
are operating properly and that the required maintenance, as
recommended by the manufacturer, is performed. The monitoring devices
shall be calibrated with known quantities of methane-air mixtures at
intervals not exceeding 31 calendar days. An inspection record shall be
maintained on the surface and made available to a representative of the
Secretary and representative(s) of miners. The inspection record shall
show the date and time of each weekly inspection and calibration of the
monitor and all maintenance performed, whether at the time of the
weekly inspection or otherwise
III. Implementation and Training Requirements.
A. If the Petition is granted, the petitioner shall provide two
separate intake air courses within each long-wall panel to each two-
entry longwall. Both air courses may be located on the same side of the
panel; however, the air shall travel in a direction from the mouth of
the panel toward the section.
B. The petitioner shall not operate a two-entry longwall systems
using belt air until MSHA conducts an inspection or otherwise
determines that the terms and conditions of this Petition have been met
and that the miners have been trained in proper evacuation procedures,
including instructions and drills in evacuation and instructions in
precautions to be taken for escape through smoke.
C. Within 60 days after this Petition becomes final, the petitioner
shall submit proposed revisions for its approved 30 CFR part 48
training plan to the Coal Mine Safety and Health District Manager.
These proposed revisions shall specify initial and refresher training
regarding the conditions specified by the Petition.
D. The terms and conditions of this Petition will not apply during
the time period from completion of the development mining of the two-
entry longwall panel until the beginning of the longwall equipment set-
up activities, provided the conveyor belt in the two-entry panel is not
energized. During this time period all relevant standards will apply.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners by the existing standard.
Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-27346 Filed 12-16-21; 8:45 am]
BILLING CODE 4520-43-P
