[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Pages 27002-27004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11449]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice of petitions for modification of existing mandatory 
safety standards.

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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.

DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations and Variances on or before June 14, 2010.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected].
    2. Facsimile: 1-202-693-9441.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Patricia W. Silvey, Director, Office of Standards, 
Regulations and Variances.
    4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations 
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 
22209-3939, Attention: Patricia W. Silvey, Director, Office of 
Standards, Regulations and Variances.
    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. Individuals 
who submit comments by hand-delivery are required to check in at the 
receptionist desk on the 21st floor.
    Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.

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FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
[email protected] (E-mail), or 202-693-9441 (Telefax). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

 I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary determines that: (1) An 
alternative method of achieving the result of such standard exists 
which will at all times guarantee no less than the same measure of 
protection afforded the miners of such mine by such standard; or (2) 
that the application of such standard to such mine will result in a 
diminution of safety to the miners in such mine. In addition, the 
regulations at 30 CFR 44.10 and 44.11 establish the requirements and 
procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Numbers: M-2010-018-C and M-2010-019-C.
    Petitioner: South Akers Mining Company, LLC, and Hubble Mining 
Company, LLC, P.O. Box 392, Pikeville, Kentucky 41502.
    Mine: Mine No. S.A.M. 10, MSHA I.D. No. 15-18436, Mine No. S.A.M. 
14, MSHA I.D. No. 15-16583, Mine No. S.A.M. 19, MSHA I.D. No. 15-19390, 
located in Pike County, Kentucky and Mine No. S.A.M. 17, MSHA I.D. No. 
15-19178, located in Letcher County, Kentucky; and Mine No. 2, MSHA 
I.D. No. 15-18626, Mine No. 6, MSHA I.D. No. 15-19208, Mine No. 7, MSHA 
I.D. No. 15-19266, located in Pike County, Kentucky and Mine No. 8, 
MSHA I.D. No. 15-19252, located in Letcher County, Kentucky.
    Regulation Affected: 30 CFR 75.1506(a)(2) (Refuge alternatives).
    Modification Request: The petitioner requests a modification of the 
existing standard concerning the structural components of units 
consisting of 15 pounds per square inch (psi) stopping constructed 
prior to an event. The petitioner proposes to use a refuge alternative 
in the mines listed above consisting of a secure space cut in the rib 
on the intake air side of a mine or configured in other locations of 
the mine, all within 1,000 feet of the working face, which contain the 
Hubble Breathable Air Unit Emergency Supply Container, (``HBA Unit 
Emergency Supply Container''), and otherwise complying with all 
applicable provisions set forth in 30 CFR 75.1506(b) through (g). The 
HBA Unit Emergency Supply Container is a steel reinforced materials 
storage box approximately 8 feet, 6\1/2\ inches in length, and 5 feet, 
6 inches in width. The secure area will be accessible and included in 
pre-shift examinations involving the regular inspection of the secure 
area and the exterior and interior spaces of the HBA Unit Emergency 
Supply Container. The HBA Unit Emergency Supply Container: (A) Is 
certified as designed and constructed to withstand 15 psi overpressure 
for 0.2 seconds and the heat requirements of 30 CFR 7.505; (B) designed 
and made to withstand exposure to a flash fire of 300 degrees 
Fahrenheit for 3 seconds prior to deployment; (C) made with steel which 
does not have potential to ignite; (D) made from steel and is 
structurally reinforced, thus providing sufficient durability to 
withstand routine handling and resist puncture and tearing during 
deployment and use; and (E) guarded or reinforced to prevent damage to 
the structure that would hinder deployment, entry, or use.
    The HBA Unit Emergency Supply Container contains an apparatus to 
supply breathable air to the secure space resulting in an isolated 
atmosphere with a consistently maintained positive pressure. The 
breathable air may be provided to the secure space for an indefinite 
duration because it is used in conjunction with the Hubble Breathable 
Air Unit (``HBA Unit'') or other unit approved for supplying breathable 
air into the mine from the surface. The HBA Unit is currently being 
considered for approval by MSHA and the application has been issued 
Code Number 8297.
    The HBA Unit Emergency Supply Container also contains two 
inflatable brattices manufactured by the Heintzmann Corporation, 
commercially referred to as the ``Inflatable Life Curtain.'' The 
Inflatable Life Curtain will be used to isolate the safe haven from the 
mine atmosphere. Each Inflatable Life Curtain has a door allowing 
ingress and egress to and from the secure area that utilizes Velcro 
fastening. The Inflatable Life Curtain will be inflated in place, as 
recommended by Heintzmann Corporation manufacturing specifications. The 
inflation canisters containing carbon dioxide used in conjunction with 
the Inflatable Life Curtains are also contained within the HBA Unit 
Emergency Supply container, along with installation instructions. 
Alternatively, the Inflatable Life Curtains are designed to be 
inflated, by an apparatus connected to the regulator within the HBA 
Unit Emergency Supply Container. Use of this apparatus to inflate the 
Inflatable Life Curtains with breathable air does not affect the supply 
of breathable air supplied to the secure area because the regulator can 
be used to increase flow to maintain all standards set forth in 30 CFR 
7.506(c).
    The Inflatable Life Curtains are designed to achieve a seal in 
areas with irregular sides, bottoms and roofs by virtue of the 
inflatable portion of the Inflatable Life Curtains being on its outer 
perimeter. The piping supplying breathable air to the HBA Unit 
Emergency Supply container does not affect the seal achieved by the 
Inflatable Life Curtain because, except in certain intersections of the 
mine where the piping is buried, the piping will be covered with inert 
material at a depth to the diameter of the pipe. The material used for 
covering will be material such as: Ballast, sand bags, rock dust, mine 
gob, earth--rock and dirt, gravel, refuse, or other similar material 
that is approved in the mine ventilation plan. Spray foam is also 
included in the HBA Unit Emergency Supply container to use in the 
unlikely event the Inflatable Life Curtain does not achieve a tight 
seal on the entry and exit to the secure area.
    All miners working in the above-referenced mines will receive 
extensive training on the installation, use, and maintenance of the 
Inflatable Life Curtains. The useable life of the Inflatable Life 
Curtains is approximately 10 years, and those included within the HBA 
Unit Emergency Supply Container will be regularly inspected and 
replaced as needed.
    The petitioner states that all miners in the mines affected by 
these petitions will receive regular and thorough training on all 
aspects of the installation, use, and maintenance of all proposed 
systems. The petitioner also states that they are unaware of existing 
technology that can be feasibly utilized in the mines listed above to 
provide an area behind 15 psi stoppings allowing for easy access. The 
petitioner has listed in these petitions other alternative provisions 
that will be followed when using the refuge alternative. Persons may 
review a complete list of the provisions for these petitions at the 
MSHA address listed in this notice. The petitioner asserts that 
application of the existing standard concerning the structural 
components of units consisting of 15 psi stoppings constructed prior to 
an event, will result in a diminution of safety to the miners located 
in the mines listed above, because there is no feasible way to 
ventilate harmful gases such as carbon monoxide and methane from an 
area

[[Page 27004]]

behind 15 psi stoppings. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded by the existing standard.
    Docket Number: M-2010-001-M.
    Petitioner: Morton International, Inc., Highway 83 South, New 
Iberia, Louisiana 70560.
    Mine: Weeks Island Mine, MSHA I.D. No. 16-00970, located in Iberia 
County, Louisiana.
    Regulation Affected: 30 CFR 57.22304 (Approved equipment (II-A 
mines) .
    Modification Request: The petitioner proposes to use Model J251-D/E 
Face Drill, manufactured by J.H. Fletcher & Company. The petitioner 
states that: (1) The J251-D/E Face Drill consists of an electric drill 
combined with a diesel-powered tram system. The electric and diesel 
power systems are electrically interlocked within the permissible 
enclosure. The electric drill meets the requirements of 30 CFR part 18. 
The electrical interlock between the electric and diesel components 
prevents the operation of the electrical system when the diesel is 
running, and prevents the diesel system from operating when the 
electrical system is running. The diesel engine for the tram is not an 
MSHA-approved permissible engine. The J251-D/E Face Drill has a methane 
monitoring system which will be connected to both the electric drill 
and the diesel tram circuits of the machine and shuts down both 
functions at a set level of methane; (2) drilling equipment without a 
diesel tram system requires a multi-step process to transport the 
permissible drill equipment between remote face locations. These steps 
include: (a) hitching the permissible equipment to a diesel vehicle; 
(b) disabling the permissible equipment's tram system and brakes; (c) 
towing the permissible equipment to the new face location; (d) re-
enabling the tram system and brakes; (e) disconnecting the tow vehicle; 
and (f) repositioning the tow vehicle away from the cutting and 
drilling equipment; (3) although procedures and training utilized by 
miners allow these manual steps to be accomplished safely, a machine 
with its own diesel tram system provides an engineered method to reduce 
hazards for miners associated with towing vehicles and towed equipment. 
Those hazards include some of the likely causes of fatalities and 
serious injuries in mines (e.g. getting caught between the equipment 
and/or rib); (4) prohibiting the use of the drill will require miners 
at the Weeks Island Mine to continue to rely on a manual multi-step 
process, with greater potential for human error to move drilling 
equipment across long distances rather than benefiting from an 
engineered safety solution. The petitioner asserts that application of 
the existing standard will result in a diminution of safety to the 
miners and that the proposed alternative method will at all times 
assure no less than the same measure of protection afforded by the 
standard and actually will provide improved safety.

Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-11449 Filed 5-12-10; 8:45 am]
BILLING CODE 4510-43-P