[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45465-45468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18427]


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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 September 4, 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-2014-022-C.
    Petitioner: Mountain Coal Company, 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 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests that a previously 
granted petition for modification, Docket No. M-1999-113-C, be amended. 
The petitioner proposes to add two additional road Getman graders, 
model RDG-1504 serial number 7004, and model RDG-1504C serial number 
6718. The maximum speed on the Getman graders will be limited to 10 
miles per hour or less by blocking out gear ratios that would provide 
higher speeds. Grader operators will be trained to recognize 
appropriate levels of speed for different road conditions and slopes. 
Grader operators will be trained to lower the moldboard (grader blade) 
to provide additional stopping capability in emergencies.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. These revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.

[[Page 45466]]

    The petitioner asserts that the additional graders under the 
existing terms and conditions of the petition for modification will at 
all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2014-023-C.
    Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West 
Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    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 
allow the use of nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment in or inby 
the last open crosscut. The petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; signal analyzer devices; ultrasonic measuring 
devices; electronic component testers; and electronic tachometers. 
Other testing and diagnostic equipment may be used if approved in 
advance by MSHA's district office. Permissible approved voltage 
measuring instruments are available and will be used when possible.
    (2) All other testing and diagnostic equipment used in or inby the 
last open crosscut will be permissible.
    (3) All nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment used in or 
inby the last open crosscut will be examined by a qualified person 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These examination results will be recorded and 
retained for one year and will be made available to MSHA on request.
    (4) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in or 
inby the last open crosscut.
    (5) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When methane is detected while the nonpermissible electronic 
equipment is being used, the equipment will be deenergized immediately 
and the nonpermissible electronic equipment withdrawn outby the last 
open crosscut.
    (6) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (7) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under load. This change will require production to cease except during 
actual testing. Accumulations of coal and combustible materials 
referenced in 30 CFR 75.400 will be removed before testing begins to 
provide additional safety to miners.
    (8) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (9) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (10) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    (11) Any piece of equipment subject to this petition will be 
inspected by MSHA prior to initially placing it in service underground.
    (12) Cables supplying power to low-voltage test and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment are unavailable.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.
    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-2014-024-C.
    Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West 
Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    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 
allow the use of nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment in return 
airways. The petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; signal analyzer devices; ultrasonic measuring 
devices; electronic component testers; and electronic tachometers. 
Other testing and diagnostic equipment may be used if approved in 
advance by MSHA's district office. Permissible approved voltage 
measuring instruments are available and will be used when possible.
    (2) All other testing and diagnostic equipment used in return 
airways will be permissible.
    (3) All nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic used in return airways 
will be examined by a qualified person prior to use to ensure the 
equipment is being maintained in a safe operating condition. These 
examination results will be recorded and retained for one year and will 
be made available to MSHA on request.
    (4) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in return 
airways.
    (5) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When methane is detected while the nonpermissible electronic 
equipment is being used, the equipment will be deenergized immediately 
and the nonpermissible electronic equipment will be withdrawn out of 
return airways.
    (6) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (7) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under load. This change will require production to cease except during 
actual testing. Accumulations of coal and combustible materials 
referenced in 30 CFR 75.400

[[Page 45467]]

will be removed before testing begins to provide additional safety to 
miners.
    (8) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (9) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (10) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    (11) Any piece of equipment subject to this petition will be 
inspected by MSHA prior to initially placing it in service underground.
    (12) Cables supplying power to low-voltage test and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment are unavailable.
    Within 60 days after the Proposed Decision and Order becomes final, 
the petitioner will submit proposed revisions for its approved 30 CFR 
part 48 training plan to the District Manager. The revisions will 
specify initial and refresher training regarding the terms and 
conditions in the Proposed Decision and Order.
    The petitioner asserts that the proposed alternative method in this 
will at all times guarantee no less than the same measure of protection 
afforded by the existing standard.
    Docket Number: M-2014-025-C.
    Petitioner: ACI Tygart Valley, 1200 Tygart Drive, Grafton, West 
Virginia 26354.
    Mine: Leer Mine, MSHA I.D. No. 46-09192, located in Taylor County, 
West Virginia.
    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 
allow the use of nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment within 150 
feet of pillar workings. The petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers; oscilloscopes; vibration analysis 
machines; cable fault detectors; point temperature probes; infrared 
temperature devices; signal analyzer devices; ultrasonic measuring 
devices; electronic component testers; and electronic tachometers. 
Other testing and diagnostic equipment may be used if approved in 
advance by MSHA's district office. Permissible approved voltage 
measuring instruments are available and will be used when possible.
    (2) All other testing and diagnostic equipment used within 150 feet 
of pillar workings or longwall faces will be permissible.
    (3) All nonpermissible low-voltage or battery-powered 
nonpermissible electronic testing and diagnostic equipment used within 
150 feet of pillar workings will be examined by a qualified person 
prior to use to ensure the equipment is being maintained in a safe 
operating condition. These examination results will be recorded and 
retained for one year and will be made available to MSHA on request.
    (4) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment within 
150 feet of pillar workings.
    (5) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above one 
percent. When methane is detected while the nonpermissible electronic 
equipment is being used, the equipment will be deenergized immediately 
and the nonpermissible electronic equipment will be withdrawn further 
than 150 feet from pillar workings.
    (6) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (7) Except for time necessary to troubleshoot under actual mining 
conditions, coal production in the section will cease. However, coal 
may remain in or on the equipment to test and diagnose the equipment 
under load. This change will require production to cease except during 
actual testing. Accumulations of coal and combustible materials 
referenced in 30 CFR 75.400 will be removed before testing begins to 
provide additional safety to miners.
    (8) Nonpermissible electronic testing and diagnostic equipment will 
not be used to test equipment when float coal dust is in suspension.
    (9) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (10) Qualified personnel who use electronic testing and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    (11) Any piece of equipment subject to this petition will be 
inspected by MSHA prior to initially placing it in service underground.
    (12) Cables supplying power to low-voltage test and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment are unavailable. Within 60 days after the Proposed Decision 
and Order becomes final, the petitioner will submit proposed revisions 
for its approved 30 CFR part 48 training plan to the District Manager. 
The revisions will specify initial and refresher training regarding the 
terms and conditions in the Proposed Decision and Order.
    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-2014-006-M.
    Petitioner: Martin Marietta Kansas City, LLC, 1099 18th Street, 
Suite 2150, Denver, Colorado 80202.
    Mine: Randolph Deep Mine, MSHA I.D. No. 23-02308, located in 
Reynolds County, Missouri.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of compressed air or oxygen in 
canisters, cylinders, or bottles in lieu of compressed air lines and 
the use of sealed bottled water supply in lieu of waterlines in the 
Randolph Deep Mine. The petitioner states that:
    (1) The Randolph Mine is an underground limestone mine. The active 
workings are accessed from the surface via twin declines, located 
adjacent to one another and each 6750 feet long.
    (2) On the current mining level, there is no surface access that 
would make it feasible for air or waterlines from the surface to reach 
the current mine workings.
    (3) Compressed air is not in use underground except for small air 
compressors in the maintenance facilities.
    (4) Potable water is currently supplied via bottled water to the 
underground workings. Due to the length of air and waterline required 
from the mine portals (i.e., 6750 feet) and the potential of damage to 
either or both lines during an emergency, the required method would not 
provide adequate protection for the miners.
    The petitioner proposes to:
    (a) Use a refuge chamber made of steel. The refuge chamber has 
inside dimensions of 8 feet wide x 19.5 feet long x 7.75 feet high for 
a total of 1209

[[Page 45468]]

cubic feet of space or 156 square feet of floor space. This refuge 
chamber will be located on the mining level within a 30-minute walking 
distance from the working face. The refuge chamber will be equipped for 
a maximum of 20 miners. This capacity exceeds the normal work crew on 
any given day.
    (b) Use compressed air to the following specifications:
    (i) Only grade D breathing air will be supplied;
    (ii) A supply of no less than 2880 liters of compressed air per day 
per person for a minimum of 4 days will be provided;
    (iii) Cylinders will be stored in a safe manner and in compliance 
with MSHA standards 30 CFR 57.16005 and 57.16006, away from flammable 
and combustible materials;
    (iv) A regulator system for regulating the flow of compressed air 
at a rate of 2 liters per minute per person will be provided with the 
refuge chamber supplies, and an extra regulator will be kept within the 
refuge chamber;
    (v) Equipment designed for monitoring the oxygen and carbon dioxide 
level of the ambient air in the refuge chamber will be provided with 
the refuge chamber supplies;
    (vi) The condition and pressure of the cylinders will be inspected 
on a monthly basis;
    (vii) Tools and any repair parts recommended by the manufacturer 
for the compressed air system will be kept within the refuge chamber; 
and
    (viii) A ball valve air vent will be installed in the wall of the 
refuge chamber to relieve pressure buildup from the use of the 
compressed air inside the chamber.
    (c) In the alternative, the refuge chamber will be equipped with a 
compressed oxygen supply to the following specifications:
    (i) Only medical or airline quality (United States Pharmacopeia) 
oxygen will be supplied in refuge chambers;
    (ii) A supply of no less than 550 liters of oxygen per day per 
person for a minimum of 4 days will be provided;
    (iii) Oxygen cylinders will be stored in a safe manner, in 
compliance with MSHA standards 30 CFR 57.16005 and 57.16006, away from 
flammable and combustible materials;
    (iv) An oxygen regulator for regulating the flow of oxygen and 
monitoring the reserve available will be provided with the refuge 
chamber supplies, and an extra oxygen regulator will be kept within the 
refuge chamber;
    (v) Equipment designed for monitoring the oxygen and carbon dioxide 
level of the ambient air in the refuge chamber will be provided with 
the refuge chamber supplies. Oxygen levels will not exceed 23 percent 
inside the refuge chamber;
    (vi) The condition and pressure of the cylinders will be inspected 
on a monthly basis;
    (vii) Tools and any repair parts recommended by the manufacturer 
for the compressed oxygen system will be kept within the refuge 
chamber;
    (viii) An electric-powered CO2 scrubbing system will be 
included within the refuge chamber which will be provided with a 96 
hour battery backup in the event of lost power. Sufficient 
CO2 scrubbing cartridges will be provided for 20 miners for 
up to 96 hours to maintain a carbon dioxide level below 1 percent; and
    (ix) A ball valve air vent will be installed in the wall of the 
refuge chamber to relieve pressure buildup from the use of the 
compressed air inside the chamber.
    (d) The oxygen supply and carbon dioxide will be monitored via a 
hand-held mine gas meter and kept in the refuge chamber with battery 
backup to ensure availability of use when required. The refuge chamber 
will be provided with a hand-held mine gas meter for air monitoring and 
also have a battery-powered mine telephone.
    (e) Commercially purchased water will be supplied in sealed 
individual portion-sized bottles in the refuge chamber. There will be a 
supply of 2.5 quarts of water per day per person for four days, for a 
total of 50 gallons minimum, with a shelf life of two years. The 
condition and quantity of the water will be confirmed by inspection on 
a monthly basis. Written instructions for conservation of water will be 
provided with the refuge chamber supplies.
    (f) A minimum of 2000 calories of food per person per day 
sufficient for 20 miners for 96 hours will be included within the 
refuge chamber.
    (g) All miners affected will receive training in the operation of 
the refuge chamber and will receive refresher training annually.
    (h) The refuge chamber will be inspected monthly and documented by 
the mine Manager or designee.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners by the existing standard.

    Dated: July 31, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-18427 Filed 8-4-14; 8:45 am]
BILLING CODE 4510-43-P