Federal Register: July 15, 2009 (Volume 74, Number 134)
DOCID: fr15jy09-120 FR Doc E9-16740
DEPARTMENT OF LABOR
Mine Safety and Health Administration
NOTICE: NOTICES
DOCID: fr15jy09-120
DOCUMENT ACTION: Notice of petitions for modification of existing mandatory safety standards.
SUBJECT CATEGORY:
Petitions for Modification
DATES: All comments on the petitions must be received by the Office of Standards, Regulations and Variances on or before August 14, 2009.
DOCUMENT SUMMARY:
Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification filed by the parties listed below to modify the application of existing mandatory safety standards published in Title 30 of the Code of Federal Regulations.
SUMMARY:
Petitions for Modification
SUPPLEMENTAL INFORMATION
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary determines that: (1) An
alternative method of achieving the result of such standard exists
which will at all times guarantee no less than the same measure of
protection afforded the miners of such mine by such standard; or (2)
that the application of such standard to such mine will result in a
diminution of safety to the miners in such mine. In addition, the
regulations at 30 CFR Sec. Sec. 44.10 and 44.11 establish the
requirements and procedures for filing petitions for modification. II. Petitions for Modification
Docket Number: M2009015C.
Petitioner: UtahAmerican Energy, Inc., P.O. Box 910, East Carbon, Utah 84520.
Mine: Lila Canyon Mine, MSHA I.D. No. 4202241, located in Emery County, Utah.
Regulation Affected: 30 CFR 75.350(a) (Belt air course ventilation).
Modification Request: The petitioner requests site specific relief
from application of the existing standard to permit the use of return
air in the belt air course. The petitioner states that: (a) Relief from
the standard will only be in effect during the underground development
process, to establish a ventilation breakout to the surface; and (b)
relief from the standard will only be applicable to the underground
``Rock Slope'' area and will terminate upon establishing the
ventilation breakout in the coal seam to the surface. The petitioner
proposes to: (1) Install an atmospheric monitoring system (AMS)
incorporating diesel discriminating (carbon monoxide and nitric oxide)
sensors for early warning fire detection in the primary escapeway
(intake) entry and the belt entry; (2) have the air in the monitoring
entry(s) at a velocity of at least 50 feet per minute and have definite
and distinct movement in the designated direction. The velocity
measurements will be determined at locations in the entry which are
representative of the crosssectional areas found through the entry and
not at locations where the entry is abnormally high (e.g. belt drives)
or low (e.g. under overcasts); (3) determine the correct carbon
monoxide ambient, alert, and alarm levels upon implementation of this
site specific petition with the carbon monoxide ambient level at 5 [[Page 34370]]
ppm, and the alert and alarm levels at 10 ppm and 15 ppm respectively
above the ambient ; (4) incorporate time delays in the AMS, when a
demonstrated need exists, to account for nonfire related carbon
monoxide alert and alarm sensor signals; with time delays limited to
three minutes. The length of any time delays or other techniques or
methods that eliminate or reduce the need for time delays will be
specified and approved in the mine ventilation plan; (5) the AMS will
activate an alarm signal if the total concentration on uncorrected
carbon monoxide measured by any sensor exceeds or is equal to 50 ppm.
The concentration will represent all the carbon monoxide present in the
sensor's atmosphere which includes carbon monoxide from diesel engines;
(6) the methane monitoring system will be capable of providing both
audible and visual signals on both the working section and at a manned
location on the surface of the mine where personnel will be on duty at
all times when miners are underground. When the methane level is 1.0
volume per centum, the monitoring system will initiate alarm signals;
(7) design and install the methane monitoring system to deenergize the
belt conveyor drive units when the methane level is 1.0 volume per
centum. A trained person at the surface location will have twoway
communication with the working section; (8) an AMS will be operating
and a designated AMS operator will be on duty at a location on the
surface of the mine where audible and visual signals from the AMS will
be seen or heard and the AMS operator can promptly respond to these
signals, whenever personnel are underground; (9) provide visual and
audible signals at the designated surface location for any interruption
of circuit continuity and any electrical malfunction of the system and
have the signals at a sufficient magnitude to be seen or heard by the
AMS operator; (10) provide sensors to detect carbon monoxide, nitric
oxide, or methane that will be visually examined at least once each
shift when belts are operated as part of a production shift; and (11)
when a malfunction, alert, or alarm signal is received at the
designated surface, the sensor(s) that are activated will be identified
and the AMS operator will promptly notify appropriate personnel,
including the ``responsible person(s)'' as referenced in 30 CFR 75.1501
on the affected working section(s) and in the affected areas where
mechanized mining equipment is being installed or removed. In addition,
an immediate investigation of the cause of the signal shall begin and
the required actions set forth in this site specific petition will be
taken. Persons may review a complete description of the petitioner's
alternative procedures at the MSHA address listed in this notice. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded the miners by the existing standard.
Docket Number: M2009016C.
Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149, Friedens, Pennsylvania 15541.
Mine: Augustus Mine, MSHA I.D. No. 3608636; Geronimo Mine, MSHA
I.D. No. 3608645; Horning Mine, MSHA I.D. No. 3609666; Kimberly Run
Mine, MSHA I.D. No. 3609549; Miller Mine, MSHA I.D. No. 3608622;
Quecreek
Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of batterypowered nonpermissible
surveying equipment in or inby the last crosscut. The petitioner states
that: (1) All nonpermissible electronic surveying equipment used in or
inby the last open crosscut will be examined prior to use to ensure the
equipment is being maintained in a safe operating condition; (2) the
equipment will be examined by a qualified person at intervals not to
exceed 7 days; (3) results of the examinations will be recorded in the
weekly examination electrical equipment book. The examinations will
include: (i) Checking the instrument for any physical damage and the
integrity of the case; (ii) removing the battery and inspecting for
corrosion; (iii) inspecting the contact points to ensure a secure
connection to the battery; (iv) reinserting the battery and powering up
and shutting down to ensure proper connections; and (v) checking the
battery compartment cover to ensure that it is securely fastened; (4) a
qualified person will continuously monitor for methane immediately
before and during the use of nonpermissible surveying equipment in or
inby the last open crosscut or in the return; (5) nonpermissible
surveying equipment will not be used if methane is detected in
concentrations at or above 1.0 percent methane; (6) when 1.0 percent or
more of methane is detected while the equipment is being used, the
equipment will be deenergized immediately and will be withdrawn outby
the last open crosscut; (7) nonpermissible surveying equipment will
not be used where float coal dust is in suspension; (8) batteries
contained in the surveying equipment will be changed out or charged in
fresh air outby the last open crosscut; (9) qualified personnel engaged
in the use of surveying equipment will be properly trained to recognize
the hazards and limitations associated with the use of surveying
equipment. The equipment will not be put into service initially until
MSHA has inspected the equipment and determined that it is in
compliance with all of the above terms and conditions; and (10) within
60 days after the Proposed Decision and Order becomes final, the
petitioner will submit to the District Manager proposed revisions for
its part 48 training plan. The training plan will specify initial and
refresher training. The petitioner asserts that application of the
existing standard will result in a diminution of safety to the miners
and the proposed alternative method will at all times guarantee no less
than the same measure of protection afforded the miners by the standard.
Docket Number: M2009017C.
Petitioner: RoxCoal, Inc., 1576 Stoystown Road, P.O. Box 149, Friedens, Pennsylvania 15541.
Mine: Augustus Mine, MSHA I.D. No. 3608636; Geronimo Mine, MSHA
I.D. No. 3608645; Horning Mine, MSHA I.D. No. 3609666; Kimberly Run
Mine, MSHA I.D. No. 3609549; Miller Mine, MSHA I.D. No. 3608622;
Quecreek
Regulation Affected: 30 CFR 75.5071(a) (Electric equipment other than powerconnection points; outby the last open crosscut; return air; permissibility requirements equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of batterypowered nonpermissible
surveying equipment in return airways, including, but no limited to
portable battery operated mine transits, total station surveying
equipment, distance meters, and lap top computers. The petitioner
states that: (1) All nonpermissible electronic surveying equipment
used in or inby the last open crosscut will be examined prior to use to
ensure the equipment is being maintained in a safe operating condition;
(2) the equipment will be examined by a qualified person at intervals
not to exceed 7 days; (3) results of the examinations will be recorded
in the weekly examination electrical equipment book. The examinations will include: (i) Checking
[[Page 34371]]
the instrument for any physical damage and the integrity of the case;
(ii) removing the battery and inspecting for corrosion; (iii)
inspecting the contact points to ensure a secure connection to the
battery; (iv) reinserting the battery and powering up and shutting down
to ensure proper connections; and (v) checking the battery compartment
cover to ensure that it is securely fastened; (4) a qualified person
will continuously monitor for methane immediately before and during the
use of nonpermissible surveying equipment in or inby the last open
crosscut or in the return; (5) nonpermissible surveying equipment will
not be used if methane is detected in concentrations at or above 1.0
percent methane; (6) when 1.0 percent or more of methane is detected
while the equipment is being used, the equipment will be deenergized
immediately and will be withdrawn out of the return; (7) non
permissible surveying equipment will not be sued where float coal dust
is in suspension; (8) batteries contained in the surveying equipment
will be changed out or charged in fresh air out of the return; (9)
qualified personnel engaged in the use of surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of surveying equipment. The equipment will not be put into
service initially until MSHA has inspected the equipment and determined
that it is in compliance with all of the above terms and conditions;
and (10) within 60 days after the Proposed Decision and Order becomes
final, the petitioner will submit to the District Manager proposed
revisions for its part 48 training plan. The training plan will specify
initial and refresher training. The petitioner asserts that application
of the existing standard will result in a diminution of safety to the
miners and the proposed alternative method will at all times guarantee
no less than the same measure of protection afforded the miners by the standard.
Docket Number: M2009018C.
Petitioner: R & K Coal Company, Inc., 642 Suedberg Road, Pine Grove, Pennsylvania 17963.
Mine: No. 1 Slope Mine, MSHA I.D. No. 3609138, located in Daupin County, Pennsylvania.
Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of crosssections instead of
contour lines through the intake slope at locations of rock tunnel
connections between veins, and at 1,000foot intervals of advance from
the intake slope. In addition, the petitioner proposes to limit the
required mapping of the mine workings above and below to those present
within 100 feet of the veins being mined, except when these veins are
interconnected to other veins beyond the 100foot limit, through rock
tunnels. The petitioner states that: (1) Contour lines provide no
useful information due to the steep pitch encountered in mining
anthracite coal veins, and their presence would make portions of the
map illegible; (2) use of crosssections in lieu of contour lines has
been practiced since the late 1800's and provide critical information
about the spacing between veins and the proximity to other mine
workings, which fluctuate considerably; (3) the mine workings above and
below are usually inactive and abandoned, and therefore not subject to
changes during the life of the mine; (4) all mapping for mines above
and below is researched by petitioner's contract engineer for the
presence of interconnecting rock tunnels between veins in relation to
the mine; and (5) a hazard analysis is done when mapping indicates that
prior mining was conducted on a vein above or below. When research
exhausts the availability of mine mapping, the vein will be considered
to be mined and flooded and appropriate precautions will be taken under
30 CFR 75.388, where possible. The petitioner further states that where
potential hazards exist and inmine drilling capabilities limit
penetration, surface boreholes will be drilled to intercept the mine
workings and results will be analyzed prior to mining in the affected
area. The petitioner asserts that the proposed alternative method will
provide at least the same measure of protection as the existing standard.
Docket Number: M2009019C.
Petitioner: Sidney Coal Co., Inc., d/b/a Process Energy Mining Coo., 115 North Big Creek Road, P.O. Box 299, Sidney, Kentucky 41564.
Mine: Mine No. 1, MSHA I.D. No. 1519097, located in Pike County, Kentucky.
Regulation Affected: 30 CFR 75.380(d)(3) (Escapeways; bituminous and lignite mines).
Modification Request: The petitioner requests a modification of the existing standard to permit a primary escapeway over an overcast for the limited distance of 24 feet. The petitioner proposes to have a minimum of 36 inches of clearance above the location of the overcast instead of the minimum of 51\1/2\ inches. The areas of the primary escapeway leading up to and away from the proposed overcast will have a minimum height of 6 feet. Ramps will be provided on the inby and outby sides of the overcast to provide easy access to the top of the overcast. A wheeled dolly, suitable to place a stretcher carrying a disabled miner, will be located on top of the overcast at all times. The dolly will be used to transport a disabled miner from the inby side of the top of the overcast to the outby side of the top of the overcast, a distance of approximately 24 feet, which leads to the mechanically operated escape capsule. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded the miners by the standard.
Docket Number: M2009004M.
Petitioner: Arch Materials, LLC, 4438 State Route 276, Batavia, Ohio 45103.
Mine: Batavia Mine, MSHA I.D. No. 3304578, located in Clermont County, Ohio.
Regulation Affected: 30 CFR 49.2(c) (Availability of mine rescue teams).
Modification Request: The petitioner requests a modification of the
existing standard to permit the services of Central Kentucky Mine
Rescue Team (CKMRT) as the mine rescue provider for the Batavia Mine.
The petitioner states that: (1) The CKMRT, also known as Eastwood Fire
District Fire Fighting and Rescue Team is located in Eastwood, Kentucky
within the required travel distance proposed by MSHA; (2) the rescue
team consists of professional firefighters, and several career miners,
who have had experience in underground mines; (3) the rescue team has
extensive mine training in accordance with 30 CFR 49.8, not limited to,
firefighting, evacuation, and rescue; and (4) the team is on duty 24
hours per day, seven days per week, and will be able to provide
immediate response to any mine emergency. The petitioner further states
that the Central Kentucky Mine Rescue Team has worked closely with the
Arch Materials, LLC, and are prepared for the conditions of the Batavia
Mine. The team has traveled to the Batavia Mine and observed the mine
facility and operations. The petitioner asserts that the proposed
alternative method will not reduce the safety of the miners at the
Batavia Mine, but will increase the safety of the miners, and that the
proposed alternative method is adequate and will properly cover Batavia Mine in the event of an emergency.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. E916740 Filed 71409; 8:45 am]
BILLING CODE 451043P
FOR FURTHER INFORMATION CONTACT
Barbara Barron, Office of Standards, Regulations and Variances at 2026939447 (Voice),
barron.barbara@dol.gov (Email), or 2026939441 (Telefax). [These are
not tollfree numbers].