[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Notices]
[Pages 57157-57160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22805]


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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 17, 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 202-693-9447 (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

[[Page 57158]]

    (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 No: M-2012-158-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road 
65, Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA I.D. No. 05-03505, located in Rio Blanco 
County, Colorado.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
or inby the last open crosscut, including, but not limited to, portable 
battery-operated mine transits, total station surveying equipment, 
distance meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Underground mining by its nature and size, and the complexity 
of mine plans, requires that accurate and precise measurements be 
completed in a prompt and efficient manner. The petitioner proposes the 
following as an alternative to the existing standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
or inby the last open crosscut will be examined by surveying personnel 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These examinations will include the following 
steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in or inby the last open 
crosscut.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn outby the last open crosscut.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment will be changed out or 
charged in fresh air outby the last open crosscut.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards associated with the use of 
nonpermissible surveying equipment in areas where methane could be 
present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    The petitioner asserts that application of the existing standard 
would result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee the miners no 
less than the same measure of protection as that afforded by the 
existing standard.
    Docket Number: M-2012-159-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road 
65, Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA I.D. No. 05-03505, located in Rio Blanco 
County, Colorado.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment in 
return airways, including, but not limited to, portable battery-
operated mine transits, total station surveying equipment, distance 
meters, and data loggers. The petitioner states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372 and 75.1200, use of the most practical and 
accurate surveying equipment is necessary.
    (2) Underground mining by its nature and size, and the complexity 
of mine plans, requires that accurate and precise measurements be 
completed in a prompt and efficient manner. The petitioner proposes the 
following as an alternative to the existing standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used in 
return airways will be examined by surveying personnel prior to use to 
ensure the equipment is being maintained in a safe operating condition. 
These examinations will include the following steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment in return airways.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and

[[Page 57159]]

the nonpermissible electronic equipment withdrawn out of the return 
airways.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment will be changed out or 
charged in fresh air out of the return airways.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards associated with the use of 
nonpermissible surveying equipment in areas where methane could be 
present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    The petitioner asserts that application of the existing standard 
would result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection as that afforded by the existing 
standard.
    Docket Number: M-2012-160-C.
    Petitioner: Blue Mountain Energy, Inc., 3607 County Road 
65, Rangely, Colorado 81648.
    Mine: Deserado Mine, MSHA I.D. No. 05-03505, located in Rio Blanco 
County, Colorado.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance to 
permit the use of battery-powered nonpermissible surveying equipment 
within 150 feet of pillar workings and longwall faces, including, but 
not limited to, portable battery-operated mine transits, total station 
surveying equipment, distance meters, and data loggers. The petitioner 
states that:
    (1) To comply with requirements for mine ventilation maps and mine 
maps in 30 CFR 75.372, 75.1002(a), and 75.1200, use of the most 
practical and accurate surveying equipment is necessary. To ensure the 
safety of the miners in active mines, and in future mines that may be 
in close proximity, it is necessary to determine the exact location and 
extent of the mine workings.
    (2) Underground mining by its nature and size, and the complexity 
of mine plans, requires that accurate and precise measurements be 
completed in a prompt and efficient manner. The petitioner proposes the 
following as an alternative to the existing standard:
    (a) Nonpermissible electronic surveying equipment will be used when 
equivalent permissible electronic surveying equipment is not available. 
Such nonpermissible surveying equipment includes portable battery-
operated total station surveying equipment, mine transits, distance 
meters, and data loggers.
    (b) All nonpermissible electronic surveying equipment to be used 
within 150 feet of pillar workings will be examined by surveying 
personnel prior to use to ensure the equipment is being maintained in a 
safe operating condition. These examinations will include the following 
steps:
    (i) Checking the instrument for any physical damage and the 
integrity of the case.
    (ii) Removing the battery and inspecting for corrosion.
    (iii) Inspecting the contact points to ensure a secure connection 
to the battery.
    (iv) Reinserting the battery and powering up and shutting down to 
ensure proper connections.
    (v) Checking the battery compartment cover to ensure that it is 
securely fastened.
    (c) The results of such examinations will be recorded and retained 
for one year and made available to MSHA on request.
    (d) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible surveying equipment within 150 feet of pillar 
workings or longwall faces.
    (e) Nonpermissible surveying equipment will not be used if methane 
is detected in concentrations at or above one percent for the area 
being surveyed. When methane is detected at such levels while the 
nonpermissible surveying equipment is being used, the equipment will be 
deenergized immediately and the nonpermissible electronic equipment 
withdrawn further than 150 feet from pillar workings or longwall faces.
    (f) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as required in 
30 CFR 75.320.
    (g) Batteries in the surveying equipment will be changed out or 
charged in fresh air more than 150 feet from pillar workings or 
longwall faces.
    (h) Qualified personnel who use surveying equipment will be 
properly trained to recognize the hazards associated with the use of 
nonpermissible surveying equipment in areas where methane could be 
present.
    (i) The nonpermissible surveying equipment will not be put into 
service until MSHA has initially inspected the equipment and determined 
that it is in compliance with all the terms and conditions in this 
petition.
    The petitioner asserts that application of the existing standard 
would result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection as that afforded by the existing 
standard.
    Docket Number: M-2012-005-M.
    Petitioner: Intrepid Potash-New Mexico, LLC, Post Office Box 101, 
Carlsbad, New Mexico 88221.
    Mine: 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 57.11050(a) and (b) (Escapeways and 
Refuges).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit exit from the Intrepid East Mine to the 
Intrepid West Mine and from the Intrepid West Mine to the Intrepid East 
Mine. The petitioner proposes to provide an escapeway to the surface 
where the East Mine connects to the West Mine, and where the West Mine 
connects to the East Mine. The petitioner states that:
    (1) The Intrepid East Mine and the Intrepid Potash West Mine are 
connected via airlock doors at an underground location.
    (2) For each mine there are three escape routes, one of which 
directs personnel to the adjacent East or West Mine. After personnel 
pass through the airlock located at the connection between the mines, 
they are in a mine that operates on separate ventilation, electrical, 
and pager phone systems.
    (3) The isolation provides protection for evacuating personnel 
equal to or better than escape to the surface through one of the two 
escapeways in the originating mine.
    (4) The capability of exiting to the adjacent mine improves safety 
in that it provides a third alternative escape route that is closer in 
proximity to the mining areas than the two escape shafts.
    (5) The petitioner proposes to provide:
    (a) Electronic communication to both mines at the connection 
between the mines.
    (b) Airlock doors separating the mines such that:
    (i) Only one set of airlock doors will be open at any time and air 
currents

[[Page 57160]]

from each mine are maintained separate and distinct;
    (ii) The airlock doors will be constructed of fire-resistant 
materials and/or protected with a fire-resistant coating; and
    (iii) The condition of the airlock doors will be inspected monthly.
    (c) Instructions will be provided for checking out of the East Mine 
and into the West Mine, and out of the West Mine into the East Mine 
using electronic communication at the connection between the mines.
    (d) Instructions will be provided for personnel on how to navigate 
to the escape shafts of the adjacent mine at the connection between the 
mines.
    (e) A mine map showing the escape routes of the West Mine will be 
posted at the connection in the West Mine and a mine map showing the 
escape routes of the East Mine will be posted at the connection in the 
East Mine.
    The petitioner further states that training on escape using the 
connection between the mines will be provided for affected personnel at 
least semi-annually. In addition, at least one annual evacuation drill, 
as required by 30 CFR 57.4361, will direct personnel to escape to the 
other mine via the connection.

    Dated: September 12, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-22805 Filed 9-14-12; 8:45 am]
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