[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Notices]
[Pages 7458-7460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02190]


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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 March 4, 2013.

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
    (2) That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.

[[Page 7459]]

    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-2013-001-C.
    Petitioner: Sterling Mining Corporation, P.O. Box 217, North Lima, 
Ohio 44452.
    Mines: Shean Hill, MSHA I.D. No. 33-04591, located in Jefferson 
County, Ohio, and Carroll Hollow 6, MSHA I.D. No. 33-04605, 
located in Carroll County, Ohio.
    Regulation Affected: 30 CFR 75.1100-2(b) (Quantity and location of 
firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit fire hose outlets and valves required every 
300 feet along conveyor belt entries to be maintained at the main 
waterline located in the common entry adjacent to the conveyor belt 
entry, rather than projected from the waterline across the entry where 
the waterline is located and into the crosscut separating the conveyor 
belt entry from the adjacent entry. The petitioner states that:
    1. The alternative location of outlets and valves will be more 
accessible and will allow the fire hose outlets and valves to be 
located in an area less likely to be struck by a miner or equipment. 
This will result in less likelihood of injury to a miner or damage to 
the outlet and valves before or during their potential use and could 
make them more likely to function properly in the event they are 
needed.
    2. The existing standard requires waterlines to be installed 
parallel to the entire length of belt conveyors and be equipped with 
fire hose outlets with valves at intervals no greater than 300 feet 
along the conveyors and at tailpieces.
    3. The existing standard allows for the waterlines to be installed 
in entries adjacent to the conveyor belt entry as long as the outlets 
project into the conveyor belt entry.
    4. Currently the waterlines for the mines listed in this petition 
are maintained in an adjacent common air entry to the beltline. The 
adjacent entry is the secondary escapeway and most traveled roadway in 
the mine. The waterline runs along the side of the adjacent entry and 
against the stopping line separating the neutral belt air course from 
the return or intake air course, which eliminates the potential of the 
waterline inhibiting travel between the belt entry and the adjacent 
roadway.
    5. Every 300 feet along the conveyor belt, a 2-inch water pipe is 
plumbed into the main waterline, projected along the roof above the 
roadway, and into the crosscut separating the belt and adjacent entries 
where they are fitted with the proper outlets and valves.
    6. Due to the thin coal seam and low mining height, the pipes 
placed along the roof line result in a hazardous condition where miners 
could contact a pipe, potentially causing head and neck injuries. The 
pipes placed along the roof are also at risk of being hit and damaged 
by equipment, which could cause the damaged pipe and perhaps the entire 
mine water system to be temporarily inoperative while the damage is 
being repaired.
    7. Placing the outlets and valves at the main waterline rather than 
projected across the roadway into the crosscut adjacent to the conveyor 
belt entry will move their location 20 feet from the current location. 
This move will have no effect on the coverage of the fire protection 
system and will make the fire outlets and valves more accessible.
    8. Travel in the belt entry is relatively difficult. It is only 
traveled during inspection and maintenance of the conveyor belt entry. 
Most of the travel is in the adjacent entry common to the conveyor belt 
entry where the main waterline is located. In the event of a fire in 
the beltline, the miners who retrieve the fire hose and mobilize to 
fight the fire will travel the roadway to the necessary outlet and 
valve.
    9. Once the miners have traveled the roadway to the necessary 
outlet and valve, they will be able to hook up the fire hose in the 
adjacent entry, and move safely into the conveyor belt entry and begin 
fighting the fire.
    The petitioner asserts 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-2013-001-M.
    Petitioner: Specialty Granules (Ione) LLC, 1101 Opal Court, Suite 
315, Hagerstown, Maryland 21740.
    Mine: Ione Mine, MSHA I.D. No. 04-05533, 1900 Highway 104, Ione, 
California 95640, located in Amador County, California.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for implementing a 
clothes cleaning process that uses regulated compressed air for 
cleaning miners' dust-laden clothing. The petitioner states that:
    1. Only miners trained in the operation of the clothes cleaning 
booth will be permitted to use the booth to clean their clothes.
    2. The petitioner will incorporate the NIOSH Clothes Cleaning 
Process and Manufacturer's Instruction Manuals into their MSHA Part 46 
Training Plan and train affected miners in the process.
    3. Miners entering the booth will examine valves and nozzles for 
damage or malfunction and will close the door fully before opening the 
air valve. Any defects will be repaired prior to the booth being used.
    4. Miners entering the booth will wear eye protection; ear plugs or 
muffs for hearing protection; and, a full-face or half-mask respirator 
that meets or exceeds the minimum requirements of a N95 filter to which 
the miner has been fit-tested. As an alternative, the use of a full-
face respirator will meet the requirement for eye protection. A sign 
will be conspicuously posted requiring the use of personal protective 
equipment when entering the booth.
    5. Airflow through the booth will be at least 2,000 cubic feet per 
minute to maintain negative pressure during use of the cleaning system 
to prevent contamination of the environment outside the booth. Airflow 
will be in a downward direction to move contaminants away from the 
miner's breathing zone.
    6. Air pressure through the spray manifold will be limited to 30 
pounds per square inch or less. A lock box with a single key controlled 
by the plant manager will be used to prevent regulator tampering.
    7. The air spray manifold will consist of a 1\1/2\ inch, square 
tube with \1/4\-inch wall thickness capped at the base and actuated by 
an electrically controlled valve at the top.
    8. Air nozzles will not exceed 30 pounds per square inch gauge.
    9. The uppermost spray of the spray manifold will be located below 
the booth users' breathing zone. Some type of mechanical device may be 
used to cover the upper air nozzles to meet the specific height of the 
user.
    10. Air nozzles will be guarded to eliminate the possibility of 
incidental contact that could create mechanical damage to the air 
nozzles during the clothes cleaning process.
    11. The petitioner will conduct periodic maintenance checks of the 
booth according to the recommendations contained in the Manufacturer's 
Instruction Manual.
    12. The air receiver tank supplying air to the manifold system will 
be of sufficient volume to permit no less than

[[Page 7460]]

20 seconds of continuous clothes cleaning time.
    13. An appropriate hazard warning sign will be posted on the booth 
to state, at a minimum, ``Compressed Air'' and ``Respirable Dust''.
    14. A pressure relief valve designed for the booth's air reservoir 
will be installed.
    15. The mine will exhaust dust-laden air from the booth into a 
local exhaust ventilation system or duct outside the facility while 
ensuring there is no re-entrainment back into the structure.
    The petitioner further states that:
    1. The alternative method provides a direct reduction of miners' 
exposure to respirable dust, thus reducing their health risks while 
providing no less than the same degree of safety provided by the 
existing standard.
    2. The alternative method has been jointly developed between Unimin 
Corporation and the National Institute for Occupational Safety and 
Health (NIOSH) and successfully tested by NIOSH.
    The petitioner asserts that 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-2013-002-M.
    Petitioner: Specialty Granules, Inc., 1101 Opal Court, Suite 315, 
Hagerstown, Maryland 21740.
    Mines: Annapolis Mine, MSHA I.D. No. 23-00288, 1 Hillcrest 
Drive, Annapolis, Missouri 63620, located in Iron County, Missouri; 
Charmian Mine, MSHA I.D. No. 36-03460, 1455 Old Waynesboro Road, Blue 
Ridge Summit, Pennsylvania 17214, located in Franklin County, 
Pennsylvania; and Kremlin Mine, MSHA I.D. No. 47-00148, 248 Kremlin 
Road, Pembine, Wisconsin 54156; located in Marinette County, Wisconsin.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method for implementing a 
clothes cleaning process that uses regulated compressed air for 
cleaning miners' dust-laden clothing. The petitioner states that:
    1. Only miners trained in the operation of the clothes cleaning 
booth will be permitted to use the booth to clean their clothes.
    2. The petitioner will incorporate the NIOSH Clothes Cleaning 
Process and Manufacturer's Instruction Manuals into their MSHA Part 46 
Training Plan and train affected miners in the process.
    3. Miners entering the booth will examine valves and nozzles for 
damage or malfunction and will close the door fully before opening the 
air valve. Any defects will be repaired prior to the booth being used.
    4. Miners entering the booth will wear eye protection; ear plugs or 
muffs for hearing protection; and, a full-face or half-mask respirator 
that meets or exceeds the minimum requirements of a N95 filter to which 
the miner has been fit-tested. As an alternative, the use of a full-
face respirator will meet the requirement for eye protection. A sign 
will be conspicuously posted requiring the use of personal protective 
equipment when entering the booth.
    5. Airflow through the booth will be at least 2,000 cubic feet per 
minute to maintain negative pressure during use of the cleaning system 
to prevent contamination of the environment outside the booth. Airflow 
will be in a downward direction to move contaminants away from the 
miner's breathing zone.
    6. Air pressure through the spray manifold will be limited to 30 
pounds per square inch or less. A lock box with a single key controlled 
by the plant manager will be used to prevent regulator tampering.
    7. The air spray manifold will consist of a 1\1/2\; inch, square 
tube with \1/4\-inch wall thickness capped at the base and actuated by 
an electrically controlled valve at the top.
    8. Air nozzles will not exceed 30 pounds per square inch gauge.
    9. The uppermost spray of the spray manifold will be located below 
the booth users' breathing zone. Some type of mechanical device may be 
used to cover the upper air nozzles to meet the specific height of the 
user.
    10. Air nozzles will be guarded to eliminate the possibility of 
incidental contact that could create mechanical damage to the air 
nozzles during the clothes cleaning process.
    11. The petitioner will conduct periodic maintenance checks of the 
booth according to the recommendations contained in the Manufacturer's 
Instruction Manual.
    12. The air receiver tank supplying air to the manifold system will 
be of sufficient volume to permit no less than 20 seconds of continuous 
clothes cleaning time.
    13. An appropriate hazard warning sign will be posted on the booth 
to state, at a minimum, ``Compressed Air'' and ``Respirable Dust''.
    14. A pressure relief valve designed for the booth's air reservoir 
will be installed.
    15. The mine will exhaust dust-laden air from the booth into a 
local exhaust ventilation system or duct outside the facility while 
ensuring there is no re-entrainment back into the structure.
    The petitioner further states that:
    1. The alternative method provides a direct reduction of miners' 
exposure to respirable dust, thus reducing their health risks while 
providing no less than the same degree of safety provided by the 
existing standard.
    2. The alternative method has been jointly developed between Unimin 
Corporation and the National Institute for Occupational Safety and 
Health (NIOSH) and successfully tested by NIOSH.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.

    Dated: January 29, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-02190 Filed 1-31-13; 8:45 am]
BILLING CODE 4510-43-P