[Federal Register Volume 76, Number 124 (Tuesday, June 28, 2011)]
[Notices]
[Pages 37835-37838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16082]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, 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 
petitions for modification submitted to the Mine Safety and Health 
Administration (MSHA) 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 July 28, 2011.

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.
    3. Regular Mail: MSHA, Office of Standards, Regulations and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Roslyn B. Fontaine, Acting 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: Roslyn B. Fontaine, Acting 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.

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 Number: M-2011-016-C.
    Petitioner: Midland Trail Energy, LLC, 3301 Point Lick Drive, 
Charleston, West Virginia 25306.
    Mine: Campbells Creek No. 4 Deep Mine, MSHA Mine I.D No. 46-08437, 
located in Kanawha County, West Virginia.
    Regulation Affected: 30 CFR 77.214(b) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit existing mine openings to be covered with 
coarse coal refuse during construction of the subject facility. The 
petitioner states that: (1) There are four mine openings located within 
the proposed embankment. The openings are associated with the abandoned 
Campbells Creek No. 4 Deep Mine in the Stockton coal seam, operated by 
Point Mining, Inc. The mine dips in the direction of the mine openings. 
The openings have been sealed and backfilled and underdrains have been 
installed. The underdrains are 16 square feet in cross-sectional area 
and consist of rock cobbles with a D50 of 8 inches wrapped in filter 
fabric. The underdrain flow will discharge beyond the limit of the 
proposed embankment. Three of the mine openings contain dry seals and 
the fourth contains a wet seal with a 6-inch diameter PVC pipe. The wet 
weal is located in the lowest elevation opening. The petitioner asserts 
that the proposed alternative method will provide the same measure of 
protection for the miners as the standard.
    Docket Number: M-2011-017-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Starford Mine, MSHA Mine I.D No. 36-09637, located in Indiana 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35(a)(2) (Portable trailing 
cables and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of MSHA approved 5 conductor 10 
American Gauge Wire (AWG) (SO Cable) with a diameter of .77 with a 
tolerance of +/- 0.03. The petitioner states that: (1) The cable will 
hang on insulated hangers for the entire length at all times; (2) 
within 60 days after the proposed decision and order becomes final, 
proposed revisions of 30 CFR Part 48 will be submitted to the District 
Manager. The provisions will specify initial and refresher training 
regarding the terms and conditions stated in the proposed decision and 
order. The petitioner asserts that the proposed alternative method will 
at all times guarantee no less than the same measure of protection 
afforded by the standard.
    Docket Number: M-2011-018-C.
    Petitioner: Dominion Coal Corporation, P.O. Box 70, Vansant, 
Virginia 24656.
    Mine: Mine No. 36, MSHA Mine I.D No. 44-06759, located in Buchanan 
County, Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing

[[Page 37836]]

standard to permit mine through or near (whenever the safety barrier 
diameter is reduced to a distance less than the District Manger would 
approved pursuant to 30 CFR 75.1700) a plugged gas well penetrating the 
Jawbone Coal Seam and other mineable coal seams using continuous miners 
or conventional mining methods. The petitioner proposes to use the 
following procedures when plugging gas wells: (1) Prior to cleaning out 
and preparing gas wells, a diligent effort will be made to clean the 
borehole to the original total depth. If this depth cannot not be 
reached, the borehole will be cleaned out to a depth that would permit 
the placement of at least 200 feet of expanding cement below the base 
of the lowest mineable coalbed; (2) when cleaning the borehole, a 
diligent effort will be made to remove all the casing in the borehole. 
If it is not possible to remove all casing, the casing that remains 
will be perforated or ripped at intervals spaced close enough to permit 
expanding cement slurry to infiltrate the annulus between the casing 
and the borehole wall for a distance of at least 200 feet below the 
base of the lowest mineable coalbed; (3) if the cleaned-out borehole 
produces gas, a mechanical bridge plug will be placed in the borehole 
in a competent stratum at least 200 feet below the base of the lowest 
mineable coalbed, but above the top of the uppermost hydrocarbon-
producing stratum. If a mechanical bridge plug cannot be set, an 
appropriately sized packer or a substantial brush plug may be used in 
place of the mechanical bridge plug; (4) a suite of logs will be made 
consisting of a caliper survey, directional deviation survey, and 
log(s) suitable for determining the top and bottom of the mineable 
coalbeds and potential hydrocarbon-producing strata and the location 
for the bridge plug; (5) if the uppermost hydrocarbon-producing stratum 
is within 200 feet of the base of the lowest mineable coalbed, properly 
placed mechanical bridge plugs or a suitable brush plug will be used to 
isolate the hydrocarbon-producing stratum from the expanding cement 
plug. A minimum of 200 feet of expanding cement will be placed below 
the lowest mineable coalbed; (6) the wellbore will be completely filled 
and circulated with a gel that inhibits any flow of gas, supports the 
walls of the borehole, and increases the density of the expanding 
cement. This gel will be pumped through open-end tubing and run to a 
point approximately 20 feet above the bottom of the cleaned-out area of 
the borehole or bridge plug. In addition, the petitioner proposes to 
use the following procedures when plugging gas wells to the surface: 
(1) A cement plug will be set in the wellbore by pumping an expanding 
cement slurry down the tubing to displace the gel and fill the borehole 
to the surface. (As an alternative, the cement slurry may be pumped 
down the tubing so that the borehole is filled with Portland cement or 
a Portland cement-fly ash mixture from a point approximately 100 feet 
above the top of the lowest mineable coalbed to the surface with an 
expanding cement plug extending from at least 200 feet below the lowest 
mineable coalbed to the bottom of the Portland cement.) There will be 
at least 200 feet of expanding cement below the base of the lowest 
mineable coalbed; (2) a small quantity of steel turnings, or other 
small magnetic particles, will be embedded in the top of the cement 
near the surface to serve as a permanent magnetic monument of the 
borehole. The petitioner also proposes to use the following procedures 
when the vent pipe method is used for plugging gas wells: (1) A 4\1/2\ 
inch or larger vent pipe will be run into the wellbore to a depth of 
100 feet below the lowest mineable coalbed and swedged to a smaller 
diameter pipe, if desired, that will extend to a point approximately 20 
feet above the bottom of the cleaned-out area of the borehole or bridge 
plug; (2) a cement plug will be set in the wellbore by pumping an 
expanding cement slurry, Portland cement, or a Portland cement-fly ash 
mixture down the tubing to displace the gel so that the borehole is 
filled with cement. The borehole and the vent pipe will be filled with 
expanding cement for a minimum of 200 feet below the base of the lowest 
mineable coalbed. The top of the expanding cement will extend upward to 
a point approximately 100 feet above the top of the highest mineable 
coalbed; (3) all fluid will be evacuated from the vent pipe to 
facilitate testing for gases. During the evacuation of fluid, the 
expanding cement will not be disturbed; (4) the top of the vent pipe 
will be protected to prevent liquids or solids from entering the 
wellbore, but permit ready access to the full internal diameter of the 
vent pipe when necessary. The petitioner further proposes to use the 
following procedures when plugging gas wells for subsequent use as 
degasification boreholes: (1) A cement plug will be set in the wellbore 
by pumping an expanding cement slurry down the tubing to displace the 
gel and provide at least 200 feet of expanding cement below the lowest 
mineable coalbed. The top of the expanding cement will extend upward to 
a point above the top of the coalbed being mined. This distance will be 
based on the average height of the roof strata breakage for the mine; 
(2) to facilitate methane drainage, degasification casing of suitable 
diameter, slotted or perforated throughout its lower 150 to 200 feet, 
will be set in the borehole to a point 10 to 30 feet above the top of 
the expanding cement; (3) the annulus between the degasification casing 
and the borehole wall will be cemented from a point immediately above 
the slots or perforations to the surface; (4) the degasification casing 
will be cleaned out for its total length; and (5) the top of the 
degasification casing will be fitted with wellhead equipped as required 
by the District Manager (DM). Such equipment may include check valves, 
shut-in valves, sampling ports, flame arrestor equipment, and security 
fencing. The petitioner proposes that: (1) Prior to reducing the safety 
barrier to a distance less than the DM would approve or proceed with an 
intent to cut through a plugged well, the petitioner will notify the DM 
or his designee. (2) Mining through a plugged well will be done on a 
shift approved by the DM or designee. The DM or designee and the 
miners' representative will be notified by the petitioner in sufficient 
time prior to the mining-through operation to provide an opportunity to 
have representative present. (3) When using continuous mining methods, 
drivage sights, not more that 50 feet from the well, will be installed 
at the last open crosscut near the place to be mined to ensure 
intersection of the well. (4) Firefighting equipment will include fire 
extinguishers, rock dust, and sufficient fire hose to reach the working 
face area of the mining-through when either the conventional or 
continuous mining method is used. The fire hose will be located in the 
last open crosscut of the entry or room. All fire hoses will be ready 
for operation during the mining-through. (5) Sufficient supplies of 
roof support and ventilation materials will be available and located at 
the last open crosscut, and an emergency plug and/or plugs will be 
available in the immediate area of the mine-through. (6) The quantity 
of air required by the approved mine ventilation plan, but not less 
than 9,000 cubic feet per minute (cfm) of air, will be used to 
ventilate the working face during the mining-through operation using 
continuous mining or conventional mining methods. (7) Equipment will be 
checked for permissibility and serviced on the shift prior to mining 
through the well. (8) The methane monitor(s) on the

[[Page 37837]]

continuous mining machine, cutting machine and loading machine will be 
calibrated on the shift prior to mining through the well. (9) When 
mining is in progress, tests for methane will be made with a hand-held 
methane detector at least every 10 minutes from the time mining with 
the continuous mining machine is within 30 feet of the well until the 
well is intersected and immediately prior to mining-through. No 
individual will be allowed on the return side during the actual 
cutting-through process, until mining-through has been completed and 
the area has been examined and declared safe. (10) When using 
continuous or conventional mining methods, the working place will be 
free from accumulations of coal dust and coal spillages. Rock dust will 
be placed on the roof, rib and floor to within 20 feet of the face when 
mining through the well. (11) When the wellbore is intersected, all 
equipment will be deenergized and the place thoroughly examined and 
determined safe before mining is resumed. Any well casing will be 
removed and no open flame will be permitted in the area until adequate 
ventilation has been established around the wellbore. (12) After a well 
has been intersected and the working place determined safe, mining will 
continue inby the well at a sufficient distance to permit adequate 
ventilation around the area of the wellbore. (13) No person will be 
permitted in the area of the mining-through operation except those 
actually engaged in the operation, company personnel, MSHA personnel, 
and appropriate State agency personnel. (14) The mining-through 
operation will be under the direct supervision of a certified foreman. 
Instructions concerning the mining-through operation will be issued 
only by the certified foreman in charge. (15) A copy of the proposed 
decision and order will be maintained at the mine and be available to 
the miners. (16) The petitioner will file a plugging affidavit setting 
forth the persons who participated in the work, a description of the 
plugging work, and a certification by the petitioner that the well has 
been plugged as described. (17) Within 60 days after the proposed 
decision and order becomes final, proposed revisions for the approved 
Part 48 training plans will be submitted to the DM. The proposed 
revisions will include initial and refresher training regarding 
compliance with the terms and conditions in the proposed decision and 
order.
    Docket Number: M-2011-003-M.
    Petitioner: Resolution Copper Mining, LLC, 102 Magma Heights, P.O. 
Box 1944, Superior, Arizona 85273.
    Mine: Resolution Mine, MSHA Mine 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 the use of an enclosed capsule designed for 
the transport of personnel. This petition applies to a single 
conveyance currently used to transport workers in the petitioner's 
Number 10 Shaft. The 500 feet per minute standard would remain in 
effect for all ``buckets'' currently used on this project when and if 
they are used for man-hoisting. The principal reason for this request 
is that the personnel conveyance, conditions, and features of the 
equipment discussed provides at all times the equivalent protections of 
that contemplated by the standard and will reduce the time the shaft 
miners are exposed to the restricting ergonomic impact of shaft travel 
while standing in the restricted area of the enclosed conveyance. The 
petitioner states that: (1) The 28-foot- diameter Number 10 Shaft is in 
the development stage and is approximately 4,100 feet deep currently. 
The shaft is progressing at approximately 9.2 feet per day. The main 
hoist used for sinking a 15-foot-diameter double drum Nordberg hoist, 
capable of speeds up to 2,300 feet per minute. For mucking operations, 
traditional shaft buckets are used. Concrete is transported in design 
for purpose buckets for that application only. Over 95 percent of 
personnel transport is made using a single conveyance specifically 
designed for worker transport. The personnel conveyance travels in the 
No. 1 bucket compartment only (non-clutched side) and utilizes the same 
crosshead arrangements as the other buckets. MSHA has directed the 
petitioner and its contractor, Cementation USA, to apply the 500 feet 
per minute requirement to the man-riding conveyance as well as the 
buckets when transporting personnel. This petition seeks to have the 
man-conveyance travel at 1,200 feet per minute in the unobstructed open 
shaft below the Never Sweat Level. For this request, the petitioner 
defines unobstructed shaft as the normal open shaft, free of doors, 
dump stations, pumps, etc. The minimum distance between the conveyance 
and any shaft wall attachment in this area is 3 feet 6 inches; (2) the 
500 feet per minute requirement would continue to apply to those areas 
of the shaft where shaft furnishings are closer than the open shaft 
clearance. The doors at the Never Sweat Level and the dump station at 
the 800-foot level fall into this category. In no case are any 
clearances less than the 16-inch minimum considered to be prudent 
engineering practice for shaft sinking; (3) all buckets and clearances 
are stabilized in their horizontal position during hoisting by a 
crosshead attached directly above the bucket or conveyance. The 
crosshead travels on rope guides fixed at the head-frame and connected 
to a 168-ton stabilized work stage at the shaft bottom. This results in 
centralizing the conveyance position in the designed travel way with 
little or not sideways movement regardless of the speed. The attachment 
to the crosshead is monitored by a sensor linked to the hoist controls. 
As the conveyance or bucket travels, multiple sensors monitor position 
in the shaft as a secondary check for the master hoist Programmed Logic 
Controller (PLC). Any variance from minimums or conflicting readings 
will stop the hoist in a controlled manner until the fault is checked 
and corrected. The resulting redundant systems provide that correct 
shaft position is maintained at all times. These engineered safeguards 
combined with minimum designed clearances provide for a stable, upright 
movement free of any obstruction in the shaft at any designed speed; 
(4) deceleration tests during stopping conditions have been conducted 
and fall within MSHA standards for worker travel at 1,200 feet per 
minute with the hoist. The hoist's normal speed approach profile 
currently limits the hoist to 200 feet per minute on approach to the 
work platform and limits the speed to 150 feet per minute below the top 
deck of the work platform to the bottom of the shaft. This hoist 
controller would also be set so that the speed of upward man travel 
would be reduced to 500 feet per minute on approach to the safety door, 
at Never Sweat Level, from below; (5) the 1,200 feet per minute speed 
will apply while all workers are riding in the lower, fully enclosed 
and latched compartment of the conveyance. If any person must ride 
above on the observation deck for shaft inspection, the speed will be 
reduced to 500 feet per minute. Additionally, full fall protection, 
including approved body harnesses, will be employed in the inspection 
process; and (6) with the conditions in place as proposed here the 
safety of worker travel will be maintained at the same level or greater 
as that intended by the standard. In addition, traveling at a speed 
exceeding the 500 feet per minute will minimize

[[Page 37838]]

discomfort of the miners traveling in the man-conveyance by making the 
descent and ascent quicker.

    Dated: June 22, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-16082 Filed 6-27-11; 8:45 am]
BILLING CODE 4510-43-P