[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11230-11232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03583]


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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 18, 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

[[Page 11231]]

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-2013-002-C.
    Petitioner: Wheels Coal Company, 59 Main Street, Tremont, 
Pennsylvania 17981.
    Mine: No. 5 Vein Mine, MSHA I.D. No. 36-08679, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of cross-sections in lieu of 
contour lines on mine maps through the intake slope, at locations of 
rock tunnel connections between veins, and at 1,000 feet intervals of 
advance from the intake slope. In addition, the petitioner proposes to 
limit the required mapping of mine workings above and below to those 
present within 100 feet of the vein(s) being mined unless the veins are 
interconnected to other veins beyond the 100 feet limit through rock 
tunnels. The petitioner states that:
    1. Due to the steep pitch encountered in mining anthracite coal 
veins, contours provide no useful information and their presence would 
make portions of the map illegible.
    2. The use of cross-sections in lieu of contour lines has been 
practiced since the late 1800's and provides critical information about 
spacing between veins and proximity to other mine workings, which 
fluctuate considerably.
    3. The vast majority of current underground anthracite mining 
involves either second mining of remnant pillars from previous mining 
or the mining of veins of lower quality in proximity to inaccessible 
and frequently flooded abandoned mine workings that may or may not be 
mapped.
    4. All mapping for mines above and below is researched by the 
petitioner's contract engineer for the presence of interconnecting rock 
tunnels between veins in relation to the mine, and a hazard analysis is 
done when mapping indicates the presence of known or potentially 
flooded workings.
    5. When no rock tunnel connections are found, mine workings that 
exist beyond 100 feet from our mine, are recognized as presenting no 
hazard to the mine due to the pitch of the vein and rock separation.
    6. Additionally, the mine workings above and below are usually 
inactive and abandoned and, therefore, are not usually subject to 
changes during the life of the mine.
    7. Where evidence indicates prior mining was conducted on a vein 
above or below and research exhausts the availability of mine mapping, 
the vein will be considered mined and flooded and appropriate 
precautions will be taken through Sec.  75.388, which addresses 
drilling boreholes in advance of mining, where possible.
    8. Where potential hazards exist and in-mine drilling capabilities 
limit penetration, surface boreholes may be used to intercept the 
workings and the results analyzed prior to beginning mining in the 
affected area.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.
    Docket Number: M-2013-003-C.
    Petitioner: Wheels Coal Company, 59 Main Street, Tremont, 
Pennsylvania 17981.
    Mine: No. 5 Vein Mine, MSHA I.D. No. 36-08679, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202-1(a) (Temporary notations, 
revisions and requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the interval of survey to be established on 
an annual basis from the initial survey in lieu of every 6 months as 
required. The petitioner proposes to continue to update the mine map by 
hand notations on a daily basis and conduct subsequent surveys prior to 
commencing retreat mining, and whenever either a drilling program under 
Sec.  75.388 or plan for mining into inaccessible areas under Sec.  
75.389 is required. The petitioner states that:
    1. The low production and slow rate of advance in anthracite mining 
make surveying on 6-month intervals impractical. In most cases annual 
development is frequently limited to less than 500 feet of gangway 
advance with associated up-pitch development.
    2. The vast majority of small anthracite mines are non-mechanized 
and use hand-loading mining methods.
    3. Development above the active gangway is designed to mine into 
the level above at designated intervals thereby maintaining sufficient 
control between both surveyed gangways.
    4. The available engineering/surveyor resources are limited in the 
anthracite coal fields and surveying on an annual basis is difficult to 
achieve with four individual contractors currently available.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.
    Docket Number: M-2013-004-C.
    Petitioner: Wheels Coal Company, 59 Main Street, Tremont, 
Pennsylvania 17981.
    Mine: No. 5 Vein Mine, MSHA I.D. No. 36-08679, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard for cages, platforms, or other devices used to 
transport persons in shafts or slopes in underground coal mines. The 
petitioner seeks to permit the use of a slope conveyance (gunboat) to 
transport persons without safety catches or other no less effective 
devices but instead use an increased rope strength/safety factor and 
secondary safety rope connection in place of such devices. The 
petitioner states that:
    1. No such safety catch or device is available for steeply pitching 
and undulating slopes with numerous curves and knuckles present in the 
main haulage slopes of anthracite mines.
    2. A functional safety catch capable of working in slopes with 
knuckles and curves is not commercially available. If a makeshift 
device is installed it would activate on knuckles or curves when no 
emergency existed, causing a tumbling effect on the conveyance which 
would increase rather than decrease the hazard to miners.
    3. A safer alternative is to operate the man cage or steel gunboat 
with secondary safety connections securely fastened around the gunboat 
and to the hoisting rope above the main connecting device and use 
hoisting ropes having a factor of safety greater than the American 
Standards Specifications for the Use of Wire Rope in Mines.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

[[Page 11232]]

    Docket Number: M-2013-003-M.
    Petitioner: Badger Mining Corporation, N7815 County Highway P, 
Taylor, Wisconsin 54659.
    Mine: Taylor Plant, MSHA I.D. No. 47-02555, P.O. Box 160, Taylor, 
Wisconsin 54659, located in Jackson 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 National Institute for 
Occupational Safety and Health (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 half-mask fit-tested respirator 
(disposable or reusable) that meets or exceeds the minimum requirements 
of a N95 filter for respiratory 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 sufficient 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 secondary 
crusher key controlled by the supervisor 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 spray manifold will contain 27 nozzles at 30 pounds per 
square inch gauge.
    9. The uppermost spray of the spray manifold will be located not 
more than 56 inches from the floor.
    10. Side deflectors will be used to eliminate the possibility of 
incidental contact with 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 NIOSH Clothes 
Cleaning Process 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 Silica 
Dust''.
    14. Minimum performance criteria for the local exhaust ventilation 
system servicing the booth will be maintained at all times. Provisions 
will be established by the Petitioner to remove the booth from service 
if the volumetric airflow falls below 80 percent of original design 
capacity and/or booth negative pressure falls below 0.1 water gauge.
    15. A pressure relief valve design for the booth's minimum 240-
gallon air reservoir will be installed.
    16. The air inlet filter located on top of the booth will have a 
filter system that is rated to remove particles less than 10 microns in 
size.
    The petitioner further states that:
    1. The alternative method provides a direct reduction of miners' 
exposure to respirable crystalline 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 and 
successfully tested by the NIOSH.

    Dated: February 12, 2013.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2013-03583 Filed 2-14-13; 8:45 am]
BILLING CODE 4510-43-P