[Federal Register Volume 76, Number 201 (Tuesday, October 18, 2011)]
[Notices]
[Pages 64384-64386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26852]


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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 November 17, 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: 

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-2011-031-C.
    Petitioner: Chief Mining, Inc., P.O. Box 446, Glen Daniel, West 
Virginia 25844.
    Mine: Jim's Branch No. 2 Mine, MSHA Mine I.D. No. 46-08577, located 
in Wyoming 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. The petitioner 
states that:
    (1) Frequent inspections and functional testing of the system are 
conducted.
    (2) Dust covers are not necessary because the nozzles can be 
maintained in an unclogged condition through weekly use.
    (3) It is burdensome to recap the large number of covers on a 
weekly basis after each inspection and functional test.
    As an alternative to using the blow-off dust covers, the petitioner 
proposes to:
    (1) Conduct a weekly inspection and functional test of the complete 
deluge-type water spray system; and
    (2) Record the result of the examination and functional test and 
record any malfunction or clogged nozzle detected in a book maintained 
on the surface. The record will be retained at the mine for one year.
    The petitioner asserts that the alternative method will at all 
times guarantee no less than the same measure of protection afforded 
the miners at Jim's Branch No. 2 Mine by the existing standard.
    Docket Number: M-2011-032-C.
    Petitioner: Frontier Coal Company, Inc., 100 Cranberry Creek Drive, 
Beckley, West Virginia 25801.
    Mine: Double Camp No. 1 Mine, MSHA I.D. No. 46-09227, located in 
Wyoming 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. The petitioner 
states that:
    (1) Frequent inspections and functional testing of the system are 
conducted.
    (2) Dust covers are not necessary because the nozzles can be 
maintained in an unclogged condition through weekly use.
    (3) It is burdensome to recap the large number of covers on a 
weekly basis after each inspection and functional test.
    As an alternative to using the blow-off dust covers, the petitioner 
proposes to:
    (1) Conduct a weekly inspection and functional test of the complete 
deluge-type water spray system; and
    (2) Record the result of the examination and functional test and 
record any malfunction or clogged nozzle detected in a book maintained 
on the surface. The record will be retained at the mine for one year.
    The petitioner asserts that the alternative method will at all 
times guarantee no less than the same measure of protection afforded 
the miners at Double Camp No. 1 Mine by the existing standard.

[[Page 64385]]

    Docket Number: M-2011-033-C.
    Petitioner: ACI Tygart Complex, 1200 Tygart Drive, Grafton, West 
Virginia 26354.
    Mine: Tygart 1 Mine, MSHA I.D. No. 46-09192, located in 
Taylor County, West Virginia.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 30 CFR 18.35 (Portable trailing cables and 
cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maximum length of the 995-volt, three-
phase alternating current portable (trailing) cable to exceed 500 feet 
but not to exceed 1,000 feet in length. The trailing cable will have a 
90 degree Celsius insulation rating. The petitioner also requests that 
the maximum length of the 600-volt, three-phase alternating current 
trailing cables supplying section ventilation fans, loading machines, 
roof bolters, and shuttle cars be permitted to exceed 500 feet but not 
exceed 1,000 feet in length and the trailing cable will have a 90 
degree Celsius insulation rating. The petitioner states that:
    (1) The trailing cable will not be smaller than No. 2 American Wire 
Gauge (AWG) for the continuous mining machine, the section ventilation 
fans, roof bolting machines, and shuttlecars.
    (2) All circuit breakers used to protect No. 2/0 AWG cables that 
exceed 850 feet in length will have instantaneous trip units set to 
trip at 1,500 amperes. The trip settings of these circuit breakers will 
be sealed and will have permanent, legible labels. The label will 
identify the circuit as being suitable for protecting No. 2/0 AWG 
cables.
    (3) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2/0 AWG trailing cables will be set to trip at 
1,500 amperes and this setting will be sealed.
    (4) All circuit breakers used to protect No. 2 AWG trailing cables 
exceeding 700 feet in length will have instantaneous trip units set to 
trip at 800 amperes. The trip setting of these circuit breakers will be 
sealed and will have permanent, legible labels. The labels will 
identify the circuit breakers as being set for the size of the cable.
    (5) Replacement circuit breakers and/or instantaneous trip units 
used to protect No. 2 AWG cables will be set to trip at 800 amperes and 
this unit will be sealed.
    (6) During each production day, persons designated by the operator 
will visually examine the trailing cables to ensure that the cables are 
in safe operating condition and instantaneous settings are sealed and 
do not exceed the settings stipulated in this petition.
    (7) Any trailing cable that is not in safe operating condition will 
be removed from service immediately and repaired or replaced.
    (8) Each splice or repair in the trailing cable will be made 
according to the manufacturer's instructions for the splice or repair 
kit. The outer jacket of each splice or repair will be vulcanized with 
flame-resistant material or made with material accepted by MSHA as 
flame resistant.
    (9) If mining methods or operation procedures cause or contribute 
to damage of any trailing cable, the cable will be removed from service 
immediately, repaired or replaced, and additional precautions will be 
taken to ensure that in the future the cable is protected and 
maintained in safe operating condition.
    (10) Permanent warning labels will be installed and maintained on 
the covers of each circuit breaker and the trailing cable disconnecting 
device(s) indicating that the trailing cable can only be connected to a 
properly adjusted and sealed circuit breaker. The labels will warn 
miners not to change or alter the sealed short-circuit settings, and 
not to connect the trailing cables to an improperly adjusted circuit 
breaker.
    (11) The alternative method will not be implemented until all 
miners designated to examine the integrity of the seals, verify the 
short-circuit settings, and examine the trailing cable for defects have 
received training.
    (12) Within 60 days after the proposed decision and order becomes 
final, proposed revisions for the petitioner's approved 30 CFR Part 48 
training plan will be submitted to the District Manager. The revisions 
will specify task training for miners designated to verify that the 
short-circuit settings of the circuit interrupting device(s) that 
protect the affected trailing cables do not exceed the specified 
settings. The training plan will include:
    (a) The hazards of setting the short-circuit interrupting device(s) 
too high to adequately protect the trailing cable.
    (b) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    (c) Mining methods and operating procedures that will protect the 
trailing cable(s) against damage.
    (d) Proper procedures for examining the affected trailing cables to 
ensure that the cables are in safe operating condition.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection to all 
miners at the Tygart 1 Mine as would be provided by the 
existing standard.
    Docket Number: M-2011-008-M.
    Petitioner: Intrepid Potash-New Mexico, LLC, P.O. Box 101, 
Carlsbad, New Mexico 88221.
    Mines: Intrepid Potash East Mine, MSHA I.D. No. 29-00170 and 
Intrepid Potash West Mine, MSHA I.D. No. 29-00175, located in Eddy 
County, New Mexico.
    Regulation Affected: 30 CFR 57.11052 (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of compressed air or oxygen in 
canisters, cylinders, or bottles in lieu of compressed air lines and 
the use of sealed bottled water supply in lieu of waterlines in the 
mines. The petitioner states that:
    (1) The intent of the standard is to ensure that miners in refuge 
areas are provided with adequate air and water in the event of an 
emergency.
    (2) The proposed modification will provide an equal degree of 
safety in that the supply of oxygen and drinking water would be 
provided by the alternative method.
    (3) The reliability of the source of air and water would be 
enhanced by making the refuge area self-contained.
    (4) The source of water and air would not be dependent on the 
installation of external airlines or waterlines that would be 
susceptible to mechanical damage or restriction.
    (5) Permitting the use of compressed air (oxygen) and water 
improves the portability of the refuge area, allowing the flexibility 
of installing refuge areas in close proximity to the working areas in 
the mine. Under the proposed modification the petitioner proposes to 
undertake the following:
    (a) Supply each refuge area with oxygen and water sufficient for 
the number of miners for which the refuge area is designed.
    (b) Provide training on the refuge area guidelines and instructions 
for affected personnel at least semi-annually.
    (6) In addition, the petitioner proposes to provide commercially 
purchased bottled water in sealed bottles. Sufficient water will be 
provided in each refuge area, consisting of 2.5 quarts of water for 
each person per day for at least 5 days (50 person capacity requires 
28-gal/day or a total capacity of 140 gallons). A fresh supply of water 
will be provided not to exceed 2 years.
    (a) A supply of packaged disposable drinking cups (at least 5 cups 
per person) will be maintained in the refuge area.

[[Page 64386]]

    (b) The condition and quantity of stored water will be confirmed by 
inspection on a monthly basis, and written instructions for 
conservation of water will be provided with the refuge supplies.
    (7) For compressed oxygen, the petitioner proposes to supply only 
medical or airline quality oxygen in refuge areas. A supply of not less 
than 550 liters of oxygen per day per person for a minimum of 5 days 
will be provided.
    (a) Oxygen cylinders will be stored in a safe manner and in 
compliance with 30 CFR 57.16005 and 57.16006, and away from flammable 
and combustible materials. A system of regulating the flow of oxygen 
and monitoring the reserve available will be provided with the refuge 
area supplies.
    (b) Equipment designed for monitoring the oxygen and carbon dioxide 
level of the ambient air in the refuge area will be provided with the 
refuge area supplies.
    (c) A purge valve will be installed or provided for rapid 
installation. The condition of the cylinders will be inspected and 
pressure tested on a monthly basis.
    (d) Sufficient carbon dioxide absorbent material will be provided 
to maintain a carbon dioxide level below 2.0 percent for the duration 
and number of miners for which the refuge area is designed.
    (e) Written instructions for monitoring and maintaining gas levels 
within the refuge area will be provided with the refuge supplies.
    The petitioner asserts that implementation of the proposed 
modification will enhance the safety of the miners under emergency 
conditions and mitigate inherent safety issues with regard to the terms 
of the existing standard and 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-2011-009-M.
    Petitioner: Celite Corporation, 2500 Miguelito Road, Lompoc, 
California 93436.
    Mine: Lompoc Plant, MSHA I.D. No. 04-02848, located in Santa 
Barbara County, California.
    Regulation Affected: 30 CFR 56.20001 (Intoxicating beverages and 
narcotics).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit alcohol slow-fermented from starch, bearing 
an alcohol content of less than 10 percent alcohol by volume, commonly 
called ``beer'', to be used at the Lompoc Plant for use in chemical 
testing that is part of product quality control and research.
    The Lompoc Mine is a surface diatomaceous earth mine and processing 
facility. One of the commercial applications of the finished 
diatomaceous earth products is as a filtration agent utilized during 
the brewing process for beer. The finished diatomaceous earth products 
are integrated onto a fine mesh screen, with other ingredients, thereby 
creating a ``filter-cake.'' At the end of the brewing process, 
following fermentation, which results in the creation of the alcohol-
containing liquid that is called ``beer,'' the beer is passed-through 
the filter-cake to remove undesirable contaminants. This results in 
higher clarity of the beer, which is commercially desirable.
    Although diatomaceous earth can be an excellent filtration aid in 
the production of beer, it also contains naturally-occurring iron, 
which is undesirable in beer production. If the beer absorbs too much 
iron, the beer will develop a bitter taste, which is not commercially 
desirable. Soluble iron in beer also has a deleterious effect on beer 
stability, which is also not commercially desirable. Accordingly, one 
of the most critical properties of the diatomaceous earth products is 
its beer-soluble iron (``BSI'') content.
    To ensure that the diatomaceous earth products meet the BSI and 
other applicable specifications, Celite must engage in testing on-site 
at the Lompoc Plant to identify the BSI content of the diatomaceous 
earth products as they are processed. The petitioner proposes to:
    (1) Store containers of beer at the Lompoc Plant in secure 
locations with restricted access;
    (2) Use the beer for purposes of quality control testing, 
statistical method control testing, and research testing; and
    (3) Store open containers of beer that may be used during more than 
one testing event at the Lompoc Plant in secure locations with 
restricted access.
    The petitioner states that the consumption of any intoxicating 
beverages and narcotics (including beer) will be prohibited, and 
persons under the influence of alcohol or narcotics will not be 
permitted on site.
    The petitioner asserts that modification of the standard will 
further the goals of the Mine Act by providing an equivalent level of 
protection for miners as is provided by the existing standard, and will 
allow Celite to maintain the commercial viability of the products that 
are mined at the Lompoc Plant.

     Dated: October 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-26852 Filed 10-17-11; 8:45 am]
BILLING CODE 4510-43-P