[Federal Register Volume 76, Number 187 (Tuesday, September 27, 2011)]
[Notices]
[Pages 59742-59745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24727]


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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 codified 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 October 27, 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: 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's 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 (Facsimile). [These 
are not toll-free numbers].

SUPPLEMENTARY INFORMATION:

[[Page 59743]]

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-2011-007-M.
    Petitioner: Riverside Cement Co., 19409 National Trail Highway, Oro 
Grande, California 92368.
    Mine: Oro Grande Quarry, MSHA Mine I.D. No. 04-00011, located in 
San Bernardino County, California.
    Regulation Affected: 30 CFR 56.6131 (Location of explosive material 
storage facilities).
    Modification Request: The petitioner requests a modification of the 
existing standard to enable uncharged cardox safety heaters to be 
stored in the Type 2 magazine located on the plant's preheater tower. 
The petitioner operates a cement plant that manufactures cement by 
introducing crushed limestone to a calcining process that consists of a 
kiln and a preheater system. The petitioner states that:
    (1) The heater recaptures kiln gases to preheat the crushed 
limestone, which is fed through a series of cone shaped vessels before 
the material enters the kiln where it is fired to approximately 2,200 
degrees Fahrenheit.
    (2) This material can clog within the system, as happens with silos 
and other temporary containers of large volumes of crushed material.
    (3) A principal technology for unclogging vessels involves the use 
of a product referred to as a cardox safety heater.
    (4) Although the Bureau of Alcohol, Tobacco and Firearms (ATF) 
classifies cardox safety heaters as ``low explosives'' that are only 
required to be stored in Type 4 magazines, MSHA does not have a similar 
exception for this new technology. MSHA requires that the cardox safety 
heaters be maintained with the high explosives in the Type 1 magazine 
located in the quarry.
    (5) Consistent with the Department of Transportation classification 
of 1.4S, the cardox safety heater is considered a ``non-mass-detonating 
product'' that can be shipped in a normal shipping package with no 
special precautions. Cardox safety heaters are hand delivered to the 
Oro Grande cement plant by a United Parcel Service (UPS) person.
    (6) Prior to August 2009, upon receiving a package containing 
cardox safety heaters, the package would be immediately taken to the 
type 2 magazine located on the sixth floor of the preheater tower where 
it is used to deal with plugs within the preheater system.
    (7) Since August 2009, in consultation with MSHA, the following 
procedures are used:
    (a) When the storeroom personnel receive the cardox safety heaters 
from the UPS delivery person, they notify production personnel.
    (b) The production personnel transport the heaters to the quarry 
magazine.
    (c) When a blockage of material occurs in the preheater tower, the 
production supervisor drives to the quarry magazine, retrieves the 
cardox safety heater, and transports the heater to the Type 2 magazine 
located on the sixth floor of the preheater tower.
    (d) The Type 2 magazine can only be used as a day box, so any 
unused cardox safety heaters must be returned to the quarry magazine at 
the end of the day.
    (e) Depending on plug conditions, this transportation process can 
be repeated multiple times in the same day, or during any given week.
    (f) Along with the additional transport exposure, the reopening and 
closing of the cardox safety heater ports increases the opportunity for 
preheater tower personnel to be exposed to open ports and hot material.
    (8) Extra handling and transportation also increases the 
opportunity for damage to the generators, which if not detected could 
result in misfires.
    (9) The current standard requires unnecessary risk of increased 
exposure to ``explosives,'' to hot material, and to the potential for 
misfires that will result in a substantial diminution of safety.
    The petitioner proposes the following method to minimize the hazard 
to miners who transport cardox safety heaters from the magazine 
building to the preheater tower, personnel along the route, and the 
miners working on the preheater tower:
    (1) Safely store cardox safety heaters in a Type 2 magazine. Type 2 
magazines are designed to store high grade explosives that are more 
dangerous than a cardox safety heater, classified by ATF as a low 
explosive.
    (2) Provide greater protection than the ATF requires because the 
Type 2 metal indoor magazine includes an inner lining of non-sparking 
material, a door equipped with two tamper proof locks that are 
independently keyed, and hinges and legs that are properly grounded.
    (3) Store the Type 2 magazine inside a locked, well-ventilated, and 
grounded metal building on the sixth floor of the preheater, which is 
266 feet above ground.
    (4) Although a miner must charge the cardox safety heater before it 
poses a risk of danger to other miners, once it is charged, this risk 
is less than most explosives. Cardox safety heaters are low grade 
explosives that use CO \2\, a gas that is commonly found in fire 
extinguishers.
    The petitioner states that the proposed cardox safety heater 
storage procedures set out in this petition constitute a fully 
appropriate, effective, and safe method for achieving the level of 
safety provided by the existing standard. Persons may review a complete 
description of petitioner's alternative method and procedures at the 
MSHA address listed in this petition. The petitioner asserts that the 
alternative method would enhance the safety of miners on mine property 
by ensuring that forces generated by a storage facility explosion would 
not create a hazard to miners.
    Docket Number: M-2011-028-C.
    Petitioner: West Virginia Mine Power, Inc., P.O. Box 574, Rupert, 
West Virginia 25984-0574.
    Mine: Mountaineer Pocahontas Mine No. 1, MSHA I.D. No. 46-09172, 
located in Greenbrier County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
system).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of blow-off dust covers for the 
spray nozzles of a deluge-type water spray system. As an alternative to 
using the blow-off dust covers, the petitioner proposes to:
    (1) Once each week, have a person trained in the testing procedures 
specific to the deluge-type water spray fire suppression systems used 
at each belt drive:
    (a) Conduct a visual examination of each deluge-type water spray 
fire suppression system;
    (b) Conduct a functional test of the deluge-type water spray fire 
suppression system by actuating the system and watching its 
performance; and

[[Page 59744]]

    (c) Record the result of the examination and functional test in a 
book maintained on the surface. The record will be made available to 
the authorized representative of the Secretary and retained at the mine 
for one year.
    (2) Any malfunction or clogged nozzle detected as a result of the 
weekly examination or functional test will be corrected immediately.
    (3) The procedure used to perform the functional test will be 
posted at or near each belt drive that utilizes a deluge-type water 
spray fire suppression system.
    The petitioner states that mining is in the Pocahontas No. 6 coal 
seam, where the seam height averages 42'' to 48'', and the conveyor 
belt is installed adjacent to the track and contained in the same entry 
with an overall mining height approximately 54''. The petitioner 
asserts that the proposed alternative method will provide a measure of 
protection equal to or greater than that of the existing standard.
    Docket Numbers: M-2011-029-C.
    Petitioner: West Virginia Mine Power, Inc., P.O. Box 574, Rupert, 
West Virginia 25984-0574.
    Mine: Mountaineer Pocahontas Mine No. 3, MSHA I.D. No. 46-09210, 
located in Greenbrier County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
system).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of blow-off dust covers for the 
spray nozzles of a deluge-type water spray system. As an alternative to 
using the blow-off dust covers, the petitioner proposes to:
    (1) Once each week, have a person trained in the testing procedures 
specific to the deluge-type water spray fire suppression systems used 
at each belt drive:
    (a) Conduct a visual examination of each deluge-type water spray 
fire suppression systems;
    (b) Conduct a functional test of the deluge-type water spray fire 
suppression systems by actuating the system and watching its 
performance; and
    (c) Record the result of the examination and functional test in a 
book maintained on the surface. The record will be made available to 
the authorized representative of the Secretary and retained at the mine 
for one year.
    (2) Any malfunction or clogged nozzle detected as a result of the 
weekly examination or functional test will be corrected immediately.
    (3) The procedure used to perform the functional test will be 
posted at or near each belt drive that utilizes a deluge-type water 
spray fire suppression system.
    The petitioner states that mining is in the Beckley coal seam, 
where the seam height averages 44'' to 50'', and the conveyor belt is 
installed adjacent to the roadway with ventilation directed from the 
section to the outside. The petitioner asserts that the proposed 
alternative method will provide a measure of protection equal to or 
greater than that of the existing standard.
    Docket Number: M-2011-030-C.
    Petitioner: Utah American Energy, Inc., P.O. Box 910, East Carbon, 
Utah 84520.
    Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Emery 
County, Utah.
    Regulation Affected: 30 CFR 75.350(a) (Belt air course 
ventilation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the belt air course to be used as a return 
air course and for the belt entry to be used to ventilate the longwall 
working section. The petitioner states that:
    (1) Application of the existing standard results in a diminution of 
safety to the miners. The two-entry longwall development mining system 
reduces the likelihood of coal bumps, roof falls, and other hazards 
related to mining seams under deep cover up to 3,000 feet, rugged 
topography, or highly stressed ground conditions. Therefore, developing 
with additional entries to comply with isolation of the belt entry from 
a separate return entry and diverting belt air directly into a return 
air course diminishes the safety of the miners as compared to utilizing 
the belt entry as a return air course during development mining. The 
use of the belt entry to aid in the ventilation of the working section 
will help in diluting and rendering harmless methane gas that is 
released in the mine atmosphere during the mining cycle.
    (2) An atmospheric monitoring system (AMS) incorporating diesel-
discriminating (carbon monoxide and nitric oxide) sensors for early 
fire warning detection will be installed in the primary (intake) 
escapeway and belt entry. These AMS systems will be installed, 
operated, examined, and maintained as required by the application of 30 
CFR 75.351.
    (3) Actions taken in response to the AMS malfunction and alert or 
alarm signal will be in compliance with 30 CFR 75.352.
    (4) Wireless tracking and communication systems will be used in the 
two-entry system as outlined in the Emergency Response Plan.
    (5) An (AMS) for early warning fire detection will be used 
throughout the two-entry system. All sensors that are part of the AMS 
will be diesel-discriminating (carbon monoxide and nitric oxide) 
sensors.
    (6) The belt air course will be separated with permanent 
ventilation controls from return air courses and from other intake air 
courses except as provided with this petition. The belt air course is 
defined as the entry in which a belt is located and any adjacent entry 
or entries not separated from the belt entry by permanent ventilation 
controls, including any entries in series with the belt entry, 
terminating at a return regulator, a section loading point, or the 
surface.
    (7) The maximum air velocity in the belt entry will be no greater 
than 500 feet per minute, unless otherwise approved in the mine 
ventilation plan.
    (8) Air velocities will be compatible with all fire detection 
systems and fire suppression systems used in the belt entry.
    (9) The belt entry, the primary escapeway, and other intake entry 
or entries used will be equipped with an AMS that is installed, 
operated, examined, and maintained as specified within this petition.
    (10) All miners will be trained annually in the basic operating 
principles of the AMS, including the actions required in the event of 
activation of any AMS alert or alarm signal. This training will be 
conducted prior to the development of any portion of the two-entry 
mining system, as part of a miner's Part 48 new miner training, 
experienced miner training, or annual refresher training.
    (11) The AMS will activate an alarm signal if the total 
concentration of uncorrected carbon monoxide measured by any sensor 
exceeds or is equal to 50 parts per million (ppm). This concentration 
will represent all the carbon monoxide present in the sensor's 
atmosphere, including carbon monoxide from diesel engines.
    (12) Mantrip cars, personnel carriers, or other transportation 
equipment will be maintained on or near the working section and on or 
near areas where mechanized mining equipment is being installed or 
removed, be of sufficient capacity to transport all persons who may be 
in the area, and will be located within 300 feet of the section loading 
point or proposed section loading point.
    (13) Fire doors designed to quickly isolate the working section 
will be constructed in the two entries for use in emergency situations. 
The fire doors will be maintained operable throughout the duration of 
the two-entry panel. A

[[Page 59745]]

plan for the emergency closing of these fire doors, notification of 
personnel, and deenergization of electric power inby the doors will be 
included in the mine emergency evacuation and firefighting program of 
instruction plan.
    (14) Two separate lines or systems for voice communication will be 
maintained in the two-entry mining section. Mine pager phones will be 
installed every 1,000 feet within one crosscut of the location of the 
diesel-discriminating sensor in the belt and intake entries. The two 
systems will not be routed through the same entry.
    (15) An approved wireless and tracking communication system will be 
used as a communication link between the AMS operator, the designated 
person on each working section, all diesel equipment operators in each 
active two-entry panel gate roads, and any person investigating an 
alert condition. Methods of personnel tracking and communications will 
be subject to approval of the District Manager.
    (16) In addition to self-contained self-rescuers (SCSRs) specified 
in the Lila Canyon Emergency Response Plan, at least one SCSR will be 
available for each person on the working section at all times and will 
be carried into the section and carried on the section, or stored on 
the section while advancing the two-entry development.
    (17) During longwall retreat mining, in addition to SCSRs specified 
in the Lila Canyon Emergency Response Plan, at least two SCSRs will be 
available for each regularly assigned person on the working section. 
One will be stored near the face in the headgate entries at a readily 
accessible location and one will be stored near the tailgate entries.
    (18) In addition to the requirements of 30 CFR 75.1100-2(b), fire 
hose outlets with valves every 300 feet will be installed along the 
intake entry. At least 500 feet of fire hose with fittings and nozzles 
suitable for connection with the outlets will be stored at each 
strategic location along the intake entry. The locations will be 
specified in the mine emergency evacuation and firefighting program of 
instruction plan.
    (19) Compressor stations and unattended portable compressors will 
not be located in the two-entry panel.
    (20) The details for the fire detection system and methane 
monitoring system, including the type of monitor and specific sensor 
location on the mine map, will be included in the ventilation plan 
required by 30 CFR 75.370. The District Manager may require additional 
diesel-discriminating sensors, carbon monoxide sensors, or methane 
sensors to be installed as part of the ventilation plan to ensure the 
safety of the miners in any part of the two-entry system.
    (21) Lifelines that meet the requirements of 30 CFR 75.380 will be 
provided in the primary and secondary escapeways during two-entry 
development, longwall setup, recovery, and longwall retreat mining.
    (22) The AMS will 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 will represent all 
the carbon monoxide present in the sensor's atmosphere, including 
carbon monoxide from diesel engines.
    The petitioner states that prior to implementation of this 
petition, all affected personnel will complete training on the 
following:
    (1) The fire suppression systems used on diesel equipment used in 
the two-entry system;
    (2) Precautions for working around the hydraulic pumping station 
when the hydraulic pumping station for the longwall supports is located 
in the two-entry system;
    (3) All conditions specified by this petition;
    (4) Procedures for emergency closing of fire doors and permanent 
ventilation control devices, notification of personnel, and 
deenergization of electric power within the longwall district; and
    (5) Conditions specified in the approved ventilation plan.
    The petitioner further states that the terms and conditions of the 
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 
other mandatory standards will apply.
    Persons may review a complete description of petitioner's 
alternative method and procedures at the MSHA address listed in this 
petition. The petitioner asserts that the proposed alternative method 
will always guarantee the miners affected no less protection than is 
provided by the standard and application of the standard will result in 
a diminution of safety to the miners.

    Dated: September 21, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-24727 Filed 9-26-11; 8:45 am]
BILLING CODE 4510-43-P