[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30555-30558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12417]


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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 June 22, 2012.

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 or Hand Delivery: MSHA, Office of Standards, 
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of 
Standards, Regulations and Variances. Persons delivering documents 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.
    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.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-

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9447 (Voice), [email protected] (Email), 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 of Labor 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-2012-074-C.
    Petitioner: Brooks Run Mining Company, 208 Business Street, 
Beckley, West Virginia 25801.
    Mine: Marianna No. 1 Mine, MSHA I.D. No. 46-09391, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.1914(a) (Maintenance of diesel-
powered equipment) .
    Modification Request: The petitioner requests a modification of the 
existing standard for the Marianna No. 1 Mine for duration of the 
approved slope development plan. The petitioner states that:
    (1) Development of a slope from the surface to the Pocahontas No. 3 
coal seam is currently in process at its Marianna No. 1 Mine operation. 
A proposed change to the existing approved slope plan has been reviewed 
by MSHA. This proposal entails making two 90-degree turns in the 
projection of the slope as identified in drawing No. 1 attached to the 
petition.
    (2) Benefits of this change would include eliminating the necessity 
for developing vertical shafts through old works of the Sewell coal 
seam, a task that involves drilling and developing the shaft into a 
pillar block identified as left from the previous mining. Additionally, 
the current proposal allows for the construction of a shaft with 
elevator access and portal facilities, constituting a significant and 
permanent safety benefit.
    (3) This proposed change would require the installation of two belt 
drives, one located at each of the turns. These drives and associated 
control units would have to be permissible under the current standard. 
Time allowances for acquisition of the necessary permissible motors 
currently prohibit the execution of this proposal due to the 
development schedule and the need to obtain a coinciding projection 
approval from MSHA before committing to the new projection.
    (4) To alleviate the conflict noted above and facilitate approval 
and implementation of the alternative plan and its associated safety 
benefits, insofar, as it requires that permissible equipment be 
employed in the slope and that the drives and associated control units 
be permissible, the petitioner proposes to:
    (a) Install each nonpermissible drive on a separate air-split as 
shown in drawing No. 2 attached to the petition.
    (b) Install methane monitors at the locations identified in drawing 
No. 2 attached to the petition (mirror image for second turn would 
apply). The monitors will be set to alarm both visually and audibly 
upon detection of methane concentration of 0.8 percent or more. If an 
alarm occurs, all power will be removed from the slope until 
ventilation adjustments are made and the methane concentration is below 
0.5 percent.
    To examine or obtain a copy of the petition and drawings, contact 
MSHA using the information in the FOR FURTHER INFORMATION CONTACT 
section of this notice.
    The petitioner asserts that the proposed alternative method would 
achieve the results of the existing standard insofar as it requires 
that permissible equipment be employed in the slope and requires that 
the drives and associated control units be permissible.

    Docket Number: M-2012-075-C.
    Petitioner: Mountain Coal Company, LLC, P.O. Box 591, 5174 Highway 
133, Somerset, Colorado 81434.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests that Stipulation 
1 of the Proposed Decision and Order for its previous petition 
for modification, docket number M-95-184-C, be amended. The petitioner 
states that:
    (1) Stipulation 1 limits the nonpermissible low-voltage or 
battery-powered electronic testing and diagnostic equipment to laptop 
computers, oscilloscopes, vibration analysis machines, insulation 
testers (meggers), and cable fault detectors (impulse generators and 
detectors).
    (2) Since the Proposed Decision and Order was granted, additional 
and more technologically advanced low-voltage and/or battery-powered 
electronic testing and diagnostic equipment has been developed. Such 
equipment can and has been safely used in or by the last open crosscut 
in underground coal mines, thereby enhancing the safety of the miners.
    (3) With the advance of this proven and effective technology, the 
petitioner proposes to amend Stipulation 1 of its previous 
petition to include point temperature probes; infrared temperature 
devices and recorders; insulation testers (meggers); voltage, current, 
and power measurement devices; ultrasonic measuring devices; electronic 
component testers and electronic tachometers in addition to the 
currently approved equipment.
    The petitioner asserts that with the existing terms and conditions 
of the petition for modification, the use of additional nonpermissible 
electronic testing and diagnostic equipment will at all times guarantee 
no less than the same measure of protection afforded by the existing 
standard.

    Docket Number: M-2012-076-C.
    Petitioner: Mountain Coal Company, LLC, P.O. Box 591, 5174 Highway 
133, Somerset, Colorado 81434.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility); Previously 30 CFR 75.1002-
1(a) (Location of other electric equipment; requirements for 
permissibility).
    Modification Request: The petitioner requests that Stipulation 
1 of the Proposed Decision and Order for its previous petition 
for modification, docket number M-97-148-C, be amended. The petitioner 
states that:
    (1) Stipulation 1 limits the nonpermissible low-voltage or 
battery-powered electronic testing and diagnostic equipment to laptop 
computers, oscilloscopes, vibration analysis machines, insulation 
testers (meggers), and cable fault detectors (impulse generators and 
detectors).
    (2) Since the Proposed Decision and Order was granted, additional 
and more technologically advanced low-voltage and/or battery-powered 
electronic testing and diagnostic equipment has been developed. Such 
equipment can

[[Page 30557]]

and has been safely used within 150 feet of pillar workings in 
underground coal mines, thereby enhancing the safety of the miners.
    (3) With the advance of this proven and effective technology, the 
petitioner proposes to amend Stipulation 1 of its previous 
petition to include point temperature probes; infrared temperature 
devices and recorders; insulation testers (meggers); voltage, current, 
and power measurement devices; ultrasonic measuring devices; electronic 
component testers and electronic tachometers in addition to the 
currently approved equipment.
    The petitioner asserts that with the existing terms and conditions 
of the petition for modification, the use of additional nonpermissible 
electronic testing and diagnostic equipment will at all times guarantee 
no less than the same measure of protection afforded by the existing 
standard.
    Docket Number: M-2012-077-C.
    Petitioner: CEI Anthracite, 603 South Church Street, Hazelton, 
Pennsylvania 18201.
    Mine: CEI Anthracite Mine, MSHA I.D. No. 36-08598, located in 
Luzerne County, Pennsylvania.
    Regulation Affected: 30 CFR 77.308 (Structures housing other 
facilities; use of partitions).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of explosion-proof enclosures 
for their thermal dryer units. The petitioner states that:
    (1) Anthracite dust has consistently proven to be non-explosive and 
to have low volatility.
    (2) The indirect heat thermal dryer provides protection by 
eliminating the risk of explosion.
    (3) The thermal dryer is equipped with safety devices that 
automatically shut the heat source off while allowing airflow to 
continue, effectively cooling the entire system.
    (4) All of these devices are monitored prior to start up each day 
and controls are calibrated every month to assure correct reading by 
sensors.
    (5) Given the sensitivity of these safety devices, greater 
protection would be provided than if an explosion-proof enclosure is 
used.
    (6) The Carmen Dryer was originally installed in January 1996. In 
1997, the question of an enclosure was raised and it was decided at 
that point that an enclosure was not necessary.
    (7) In 2006, the petitioner purchased the assets of Lang Filter 
Media (previous owner) and continued operating until the present. This 
system has never malfunctioned or presented any safety issues, and has 
operated through MSHA inspections during the past 14 years without any 
risk of explosion.
    (8) The petitioner has always kept the safety of the employees at 
the forefront and will continue to do so. There is no likelihood of an 
explosion based on research provided.
    The petitioner further states that this plant has run over 200,000 
tons of material since its construction. Safety is the first 
consideration, and the petitioner believes that this regulation is 
inappropriate for their system.

    Docket Number: M-2012-078-C.
    Petitioner: Mountaintop Anthracite Inc., 1550 Crestwood Drive, 
Mountaintop, Pennsylvania 18707.
    Mine: Mountaintop Anthracite Inc. Mine, MSHA I.D. No. 36-09445, 
located in Luzerne County, Pennsylvania.
    Regulation Affected: 30 CFR 77.307 (Thermal dryer; location and 
installation; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of explosion-proof enclosures 
for their thermal dryer units. The petitioner states that:
    (1) The indirect heat thermal dryer (manufactured by Carmen 
Industries) used in the dryer process provides protection with the 
equipped safety features and controls on the dryer unit. The biggest 
feature eliminates the risk of explosion by automatically shutting off 
the heat sources while allowing airflow to continue, effectively 
cooling the entire system.
    (2) All of the controls are checked each day at start up and 
monitored throughout the day. The controls are calibrated monthly 
ensuring that the sensors are representing accurate readings.
    The petitioner further states that anthracite dust is considered 
non-explosive and, given the sensitivity of the safety devices and the 
close monitoring of the controls, protection of the dryer process meets 
and potentially exceeds that of an explosion-proof enclosure.
    Docket Number: M-2012-079-C.
    Petitioner: CEI Anthracite, 603 South Church Street, Hazelton, 
Pennsylvania 18201.
    Mine: CEI Anthracite Mine, MSHA I.D. No. 36-08598, located in 
Luzerne County, Pennsylvania.
    Regulation Affected: 30 CFR 77.307 (Thermal dryer; location and 
installation; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of explosion-proof enclosures 
for their thermal dryer units. The petitioner states that:
    (1) The indirect heat thermal dryer provides protection by 
eliminating the risk of explosion.
    (2) The thermal dryer is equipped with safety devices that 
automatically shut the heat source off while allowing airflow to 
continue, effectively cooling the entire system.
    (3) All of these devices are monitored prior to start up each day, 
and controls are calibrated every month to assure correct reading by 
sensors.
    (4) Given the sensitivity of the safety devices, greater protection 
would be provided than if an explosion-proof enclosure is used.
    (5) The Carmen Dryer was originally installed in January 1996. In 
1997, the question of an enclosure was raised and it was decided at 
that point that an enclosure was not necessary.
    (6) In 2006, the petitioner purchased the assets of Lang Filter 
Media (previous owner) and continued operating until present. This 
system has never malfunctioned or presented any safety issues and has 
operated through MSHA inspections during the past 14 years without any 
violation referring to risk of explosion.
    (7) The petitioner has always kept the safety of the employees at 
the forefront and will continue to do so. There is no likelihood of an 
explosion based on research provided.
    The petitioner further states that this plant has run over 200,000 
tons of material since its construction. Safety is the first 
consideration, and the petitioner believes that this regulation is 
inappropriate for their system.

    Docket Number: M-2012-080-C.
    Petitioner: Mountaintop Anthracite Inc., 1550 Crestwood Drive, 
Mountaintop, Pennsylvania 18707.
    Mine: Mountaintop Anthracite Inc. Mine, MSHA I.D. No. 36-09445, 
located in Luzerne County, Pennsylvania.
    Regulation Affected: 30 CFR 77.308 (Thermal dryer; location and 
installation; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of explosion-proof enclosures 
for their thermal dryer units. The petitioner states that:
    (1) The indirect heat thermal dryer (manufactured by Carmen 
Industries) used in the dryer process provides protection with the 
equipped safety features and controls on the dryer unit. The biggest 
feature eliminates the risk of explosion by automatically shutting off 
the heat sources while allowing airflow to continue, effectively 
cooling the entire system.

[[Page 30558]]

    (2) All of the controls are checked each day at start up and 
monitored throughout the day. The controls are calibrated monthly 
ensuring that the sensors are representing accurate readings.
    The petitioner further states that anthracite dust is considered 
non-explosive and, given the sensitivity of these safety devices and 
the close monitoring of the controls, protection of the dryer process 
meets and potentially exceeds the protection provided by an explosion-
proof enclosure.

    Dated: May 17, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-12417 Filed 5-22-12; 8:45 am]
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