[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Pages 65034-65035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26483]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Existing Mandatory Safety Standard

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

ACTION: Notice.

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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 
a petition for modification filed by the party listed below to modify 
the application of an existing mandatory safety standard published in 
Title 30 of the Code of Federal Regulations.

DATES: All comments on the petition must be received by the Office of 
Standards, Regulations and Variances on or before November 22, 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]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 1-202-693-9441.

[[Page 65035]]

    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 a copy of the petition and comments during 
normal business hours at the address listed above.

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. Petition for Modification

    Docket Number: M-2010-003-M.
    Petitioner: Resolution Copper Mining, LLC, Resolution Mine, MSHA 
I.D. No. 02-00152 located in Pinal County, Arizona.
    Regulation Affected: 30 CFR 57.19076 (Maximum speeds for hoisting 
persons in buckets).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit miners to be hoisted in open ended buckets 
at a rate of 1200 feet per minute (FPM). The petitioner states that: 
(1) Personnel would ride inside of a completely empty bucket in 
accordance with 30 CFR 57.19071 (Riding in skips or buckets), while 
standing on the bucket floor. The round open bucket is 8.5 feet high 
and 6 feet in diameter. On average, while standing on the bucket floor, 
the top of the miner's head would be 2.5 feet below the open bucket 
rim; (2) the buckets are in compliance with 30 CFR 57.19050 (Bucket 
requirements) as follows: (a) Buckets are securely attached to a 
crosshead at all times while traveling in the shaft; (b) the bucket has 
overhead protection by means of a canopy permanently installed on the 
crosshead; (c) the buckets have sufficient depth to transport persons 
safely in a standing position; and (d) the buckets are attached to the 
crosshead by a ``Dolly Ball'' at the crosshead and do not have bails 
attached to their lower half; (3) all buckets are equipped with 
engineered anchor points inside the bucket located under the bucket 
foot wells on the bucket walls. Personnel are required to be securely 
anchored to these anchors with a full body harness and safety lanyard 
at all times while traveling in the bucket; (4) the emergency braking 
deceleration rate of the sinking hoist running at 1500 FPM is 11.4 feet 
per second per second (11.4 ft/s\2\) when moving up, and 10.7 feet per 
second per second (10.7 ft/s\2\) when moving down. This deceleration is 
significantly lower than the maximum deceleration rate of 16 feet per 
second per second (16 ft/s\2\) prescribed in 30 CFR 57.19062. At the 
intended man hoisting speed of 1200 FPM the deceleration rates will be 
much lower; (5) the sinking hoist is operated under computer 
programmable logical controls (PLC). There are controls that verify the 
crosshead is attached to the bucket all times while traveling in the 
shaft; (6) there are 3 sets of safety doors in the shaft. The doors are 
located at the shaft collar on the surface, the ventilation level is 
100 feet below the surface, the bucket dump and the Never Sweat Level 
is 1190 feet below the surface, and there is also safety backsplashes 
located at the bucket dump which is 800 feet below the surface. Each of 
these installations have proximity switches and electronic monitoring 
verifying that the crosshead is attached to the bucket when they pass 
through these safety systems; and (7) the hoist deceleration rates at 
1200 FPM provide at least the same measure of protection as the 
existing standard.

    Dated: October 15, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-26483 Filed 10-20-10; 8:45 am]
BILLING CODE 4510-43-P