[Federal Register Volume 79, Number 39 (Thursday, February 27, 2014)]
[Notices]
[Pages 11140-11142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04243]


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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 31, 2014.

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: Sheila McConnell, Acting 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.
    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-2013-056-C.
    Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine 1, MSHA I.D. No. 36-09435, located 
in Schuylkill County, Pennsylvania.
    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 the use of nonpermissible electronic 
equipment within 150 feet of pillar workings to include drags and 
battery locomotives. The petitioner asserts that the request is due in 
part to the method of mining used in pitching anthracite mines and the 
alternative evaluation of mine air quality for methane will be 
conducted on an hourly basis during operation, with one of the gas 
tests results recorded in the on-shift examination record. The 
petitioner states that:
    (1) Equipment operation will be suspended any time methane 
concentration at the equipment reaches 0.5 percent methane either 
during operation or when found during a pre-shift examination.
    (2) The equipment will be operated in the working section's only 
intake entry (gangway), which is regularly traveled and examined.
    (3) The use of drags on less than moderate pitching veins (less 
than 20 degree pitch) is the only practical system of mining in use.
    (4) Permissible drags are not commercially available, and due in 
part to their small size, permissible locomotives are not commercially 
available.
    (5) As a result of low daily production rates and full timbering 
support, in-rushes of methane due to massive pillar falls are unlikely 
to occur.
    (6) Recovery of the pillars above the first miner heading is 
usually accomplished on the advance within 150 feet of the section 
intake (gangway) and the remaining minable pillars are recovered from 
the deepest point of penetration outby.
    (7) The 5,000 cubic feet per minute of required intake air flow is 
measured just outby the nonpermissible equipment with the ventilating 
air passing over the equipment to ventilate the pillar being mined.
    (8) The electrical equipment is attended during operation, and 
either power to the unit is deenergized at the intersection of the 
working gangway and intake slope or the equipment is moved to that area 
when production ceases, minimizing any ignition potential from the 
pillar recovery area.
    (9) Where more than one active line of pillar breast recovery 
exists, the locomotive may travel to a point just outby the deepest 
active chute/breast (room) workings or last open crosscut in a 
developing set of entries.
    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-2013-057-C.
    Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine 1, MSHA I.D. No. 36-09435, located 
in Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1100-2(a) (2) (Quantity and location 
of firefighting equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of only portable fire extinguishers 
where the use of rock dust, water cars, and other water storage 
equipped with three 10-quart pails required by the standard is not 
practical. The petitioner states that:
    (1) Equipping its small anthracite mine with two portable fire 
extinguishers near the slope bottom and an additional portable fire 
extinguisher

[[Page 11141]]

within 500 feet of the working face will provide equivalent fire 
protection.
    (2) Anthracite coal is low in volatile matter and dust is not 
explosive.
    (3) The working section is at or below mine pool elevation, with 
frequent pumping is required to de-water the work area.
    (4) All up-pitch workings of moderate to steep pitch are accessed 
only through ladders making the carrying of water in pails impractical.
    (5) Electric face equipment is nonexistent in this hand-loading 
anthracite mine and only air-operated equipment is used in or inby the 
last open crosscut.
    (6) The history of underground anthracite mines shows that fires 
occurring in the working faces are nonexistent in recent years due to 
improved explosives and low volatile matter in anthracite coal.
    (7) This anthracite mine produces far less than the 300 ton per 
shift criteria using the hand-loading method.
    (8) Belt conveyor haulage is not used in this underground mine for 
section/main haulage, minimizing fire potential.
    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-2013-058-C.
    Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine 1, MSHA I.D. No. 36-09435, located 
in Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine maps).
    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 the 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 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-2013-059-C.
    Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine 1, MSHA I.D. No. 36-09435, located 
in Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202-1(a) (Temporary notations, 
revisions and supplements).
    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 a 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-2013-060-C.
    Petitioner: Kimmel Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine 1, MSHA I.D. No. 36-09435, located 
in Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: 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) The haulage slope of this mine is typical of those in the 
anthracite region, having a relatively high angle and frequently 
changing pitches.
    (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 could activate on knuckles or curves when no 
emergency existed. The activation of a safety catch could damage the 
haulage system and subject persons being transported to hazards such as 
being battered about within the conveyance.
    (3) A safer alternative is to provide secondary safety connections 
securely fastened around the gunboat and to the hoisting rope above the 
main connecting device. Additionally, the petitioner will use hoisting 
ropes having a factor of safety greater than recommended in the

[[Page 11142]]

American Standards Specifications for the Use of Wire Rope in Mines or 
at least three times greater than the strength required under Sec.  
75.1431(a).
    (4) Furthermore, the slope and haulage system at this mine are 
essentially the same as those for which petitions granting the use of 
the alternative suggestion have been approved since 1973.
    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-2013-061-C.
    Petitioner: S & J Coal Mine, Inc., 15 Motter Drive, Pine Grove, 
Pennsylvania 17963.
    Mine: Slope 2 Mine, MSHA I.D. No. 36-09963, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: 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) The haulage slope of this mine is typical of those in the 
anthracite region, having a relatively high angle and frequently 
changing pitches.
    (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 could activate on knuckles or curves when no 
emergency existed. The activation of a safety catch could damage the 
haulage system and subject persons being transported to hazards such as 
being battered about within the conveyance.
    (3) A safer alternative is to provide secondary safety connections 
securely fastened around the gunboat and to the hoisting rope above the 
main connecting device. Additionally, the petitioner will use hoisting 
ropes having a factor of safety greater than recommended in the 
American Standards Specifications for the Use of Wire Rope in Mines or 
at least three times greater than the strength required under Sec.  
75.1431(a).
    (4) Furthermore, the slope and haulage system at this mine are 
essentially the same as those for which petitions granting the use of 
the alternative suggestion have been approved since 1973.
    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.

    Dated: February 21, 2014.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2014-04243 Filed 2-26-14; 8:45 am]
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