[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48255-48256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19355]


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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 15, 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.

[[Page 48256]]

II. Petitions for Modification

    Docket Number: M-2014-026-C.
    Petitioner: Covol Fuels No. 3, LLC, 10156 US Hwy 25E, Pineville, 
Kentucky 40977.
    Mine: Crockett, MSHA I.D. No. 15-12682, located in Bell County, 
Kentucky; Coarse Coal Refuse Fill #5, Site I.D. No. KY07-12682-
05.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles, general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit coarse refuse to be placed over abandoned 
underground mine openings in the Hazard #7 coal seam during the 
construction of Coarse Coal Refuse Fill #5. The petitioner 
states that there are no steamlines associated with this proposal.
    The petitioner further states that:
    (1) The openings at issue in this request have been abandoned since 
January 15, 2002 when the final map for the Glendon #2 Mine was 
filed. These openings represent no threat to underground miners because 
all of the affected mine workings/openings are abandoned and there are 
no active mine workings above or below the abandoned coal seam or 
within miles of the coarse refuse fill.
    (2) Covol Fuels No. 3 proposes to construct Coarse Coal Refuse Fill 
#5 in a small unnamed watershed within the Little Camp Branch 
watershed immediately east of the existing Little Camp Branch Slurry 
Impoundment along an existing bench on the Hazard #7 coal seam. 
There are a total of four underground mine openings located within the 
area where Coarse Coal Refuse Fill #5 will be constructed that 
will be covered. The location of each of these mine openings is 
identified on the Plan View Map provided in this petition.
    (3) The Hazard #7 coal seam in this area was mined 
intermittently between 1996 and January 15, 2002, by several different 
companies, with the last company being Parton Brothers Contracting, 
Inc., at the Glendon #2 Mine, MSHA I.D. No. 15-18275, Bell 
County, Kentucky. Provided with this petition is a copy of the 
``Final'' underground mine map for Glendon #2 Mine dated 01/15/
2002.
    (4) Coarse Refuse Fill #5 will extend along an existing 
bench on the Hazard #7 coal seam from near the Little Camp 
Branch Slurry Impoundment northeast approximately 900 feet to the 
abandoned underground mine site where the four relevant mine entries 
are located. This abandoned underground mine site extends an additional 
400 feet for an approximate total of 1,300 feet of the bench that will 
be used for coarse refuse storage.
    (5) This petition does not apply to the approximately 900 feet of 
the Hazard #7 bench. This petition only applies to the area 
where the four underground mine openings are located.
    (6) Based on the elevations on the ``Final'' underground map, the 
floor of the coal seam dips slightly to the southwest, therefore, there 
is a potential for drainage out of the mine. In order to prevent the 
buildup of hydrostatic pressure within the abandoned underground 
workings, a drainage pipe will be installed in the abandoned fan entry 
as identified on the design plans for this site. A drainage pipe will 
not be installed in the remaining three entries.
    (7) All four of the entries will be covered and sealed in exactly 
the same manner except for the entry with the drainage pipe. Generally, 
each entry will be cleared and opened to the extent possible. Durable 
well-graded sandstone will be backstowed into the entry for a depth of 
10 to 20 feet. The best available clay/spoil/soil material will then be 
placed against the backstowed mine entry and the entire exposed coal 
seam to a minimum of 2 feet above the top of the coal seam to isolate 
the coal seam from the coarse refuse. Coarse refuse will then be placed 
over the entire bench in 1-foot thick horizontal lifts and compacted to 
a minimum of 90 percent of standard proctor. The outslope of the fill 
will be maintained at 2H:1V or 27. As the coarse refuse fill is 
constructed, the outslope of the fill will be covered with a minimum of 
2 feet of the best available soil/cover material. The site will then be 
vegetated with a variety of grasses, legumes and trees to support the 
post-mining land use.
    (8) For the single entry that will be installed with a drainage 
pipe, the pipe will be a 10-inch SCR11 HDPE type pipe. This pipe will 
be extended into the entry a minimum of 30 to 40 feet. The end of the 
pipe will be left open but will be slightly elevated above the floor of 
the mine during installation of the pipe to prevent it from being 
plugged during installation. The portion of the pipe that extends into 
the mine entry, including the backstowed sandstone, will be perforated. 
Every 18-inch a total of four \3/4\-inch diameter holes will be drilled 
at the quarter points to ensure that any water that accumulates in the 
mine will be able to drain from the mine. Once the drainage pipe exits 
the mine, it will be placed on a minimum of 1 percent grade all the way 
to exit the outslope of the fill to ensure that all water that 
accumulates in the mine will drain from the mine.

    Dated: August 12, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-19355 Filed 8-14-14; 8:45 am]
BILLING CODE 4510-43-P