[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59301-59305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23298]


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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 October 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-2014-027-C.

[[Page 59302]]

    Petitioner: Oak Grove Resources, LLC, 8360 Taylor's Ferry Road, 
Hueytown, Alabama 35023.
    Mine: Oak Grove Mine, MSHA I.D. No. 01-00851, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard because multiple roof falls have blocked travel in 
the Main North 2 left side returns at survey spad 28+92 for 
approximately one crosscut, making it unsafe for mine examiners to 
travel in the area. The deteriorated roof has essentially rendered the 
roof falls impractical to rehabilitate. The proposed alternative method 
of having a certified person take air quantity and quality measurements 
at monitoring stations MS-C and MS-D at both sides of the roof falls 
will provide the same measure of protection as the standard. The 
petitioner proposes the following additional terms and conditions:
    (1) Two monitoring stations (MS-C and MS-D) will be provided to 
allow effective evaluation of airflow through the air split to 
ventilate the Main North 2 left side return air courses near the 
inaccessible roof falls. Monitoring station MS-C will monitor the air 
inby the roof fall, and monitoring station MS-D will monitor the air 
outby the roof fall.
    (2) Signs showing the safe travel route to each monitoring station 
will be posted in an adjacent travel entry. The monitoring stations and 
routes of travel to the monitoring stations will be kept free of water 
accumulations.
    (3) A certified person will conduct weekly evaluations at each of 
the monitoring stations. The evaluations will include the quantity and 
quality of the air entering or exiting the monitoring stations. The 
evaluation will also include a determination of any airflow from 
adjacent entries, defined and measured as stated in paragraph 8 below. 
These measurements will be made using MSHA-approved and calibrated 
hand-held multi-gas detectors to check the methane and oxygen gas 
concentrations, and calibrated anemometers to check airflow volume.
    (4) A diagram showing the normal direction of the airflow will be 
posted at the monitoring stations. The diagram will be maintained in 
legible condition and any change in airflow direction will be reported 
to the mine foreman for immediate investigation.
    (5) A date board will be provided at each monitoring station where 
the date, time, and examiner's initials will be recorded along with the 
measured quantity and quality of the air. Results of the examinations, 
including the condition of the accessible permanent ventilation 
controls creating the air course, will be recorded in a book kept on 
the surface and made accessible to all interested parties.
    (6) All monitoring stations and approaches to monitoring stations 
will be maintained in a safe condition at all times. The roof will be 
adequately supported by roof bolts or other suitable means to prevent 
deterioration of the roof in the vicinity of the stations.
    (7) Methane gas or other harmful, noxious, or poisonous gases will 
not be permitted to accumulate in excess of legal limits for return 
air. An increase of 0.5 percent methane above the last previous methane 
measurement or a 10 percent change in airflow quantity will cause an 
immediate investigation of the affected area. The results of the 
investigation will be immediately reported to the mine foreman.
    (8) The initial airflow from adjacent air courses will be 
determined during the first evaluation following implementation of this 
modification. Airflow from adjacent air courses is defined as the 
difference between the air quantity entering and exiting the petitioned 
area, measured at the monitoring stations. A 10 percent change from the 
initial airflows in the air course will cause immediate examination and 
evaluation of the cause. Appropriate corrective action will then be 
taken. Following corrective action, a new ``initial airflow'' will be 
determined and serve as the basis for subsequent examinations.
    (9) The monitoring station locations will be shown on the annually 
submitted mine ventilation map. The stations will not be moved to 
another location without prior approval by the District Manager (DM).
    (10) Prior to implementation of this modification, all personnel 
will be instructed not to travel in the petitioned area, except along 
designated routes. All approaches will be fenced off or barricaded with 
``DO NOT ENTER'' warning signs. Entrance into the area will be 
permitted only to conduct investigations and to correct problems with 
airflow detected through the monitoring process and all such work will 
be done under the supervision of an authorized person. All persons who 
work in the area will be instructed in the emergency evacuation 
procedures and all provisions of 30 CFR 75.1502 and 30 CFR 75.383.
    (11) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for its 
approved Part 48 training plan to the District Manager. The proposed 
revisions will include initial and refresher training regarding the 
PDO.
    (12) Use of this system would prevent exposure of miners to 
unnecessary hazards, thereby increasing the measure of protection to 
the miners.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection to all 
miners as would be provided by the existing standard.
    Docket Number: M-2014-028-C.
    Petitioner: Bridger Coal Company, 1088 Nine Mile Road, Point of 
Rocks, Wyoming 82942-0068.
    Mine: Bridger Underground Mine, MSHA I.D. No. 48-01646, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 75.350(a) (Belt air course 
ventilation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the belt air course to be used as a return 
air course, and for the belt entry to be used to ventilate the longwall 
working section.
    The petitioner states that:
    (1) Due to the weak nature of the seam strata at Bridger 
Underground Mine, reduced exposure to weak roof rocks and increased 
stability of the ribs and gate pillars is important.
    (2) A two-entry longwall development mining system reduces exposure 
to the soft tertiary strata, roof falls, rib instability and other 
hazards related to mining under these conditions.
    (3) The two-entry system greatly reduces the number of four-way 
intersections, a definite plus regarding ground control. Therefore, 
developing additional entries to comply with isolation of the belt 
entry from a separate return entry and diverting belt air directly into 
a return air course diminishes the safety of the miners, as compared to 
utilizing the belt entry as a return air course during development 
mining.
    (4) The use of the belt entry to aid in the ventilation of the 
working section will help dilute and render harmless methane gas that 
is released in the mine atmosphere during the mining cycle.
    The petitioner proposes to use the following requirements for two-
entry development, longwall installation and recovery, and retreat 
mining systems:
    (1) An atmospheric monitoring system (AMS) for early warning fire 
detection will be used throughout the two-entry system. All sensors 
that are part of the AMS will be diesel-discriminating (carbon monoxide 
and nitric oxide) sensors.
    (2) The belt air course will be separated with permanent 
ventilation

[[Page 59303]]

controls from return air courses and from other intake air courses 
except as provided within this petition. The belt air course is defined 
as the entry in which a belt is located and any adjacent entries not 
separated from the belt entry by permanent ventilation controls, 
including any entries in series with the belt entry, terminating at a 
return regulator, a section loading point, or the surface.
    (3) The maximum air velocity in the belt entry will be no greater 
than 500 feet per minute, unless otherwise approved in the mine 
ventilation plan.
    (4) The air velocities will be compatible with all fire detection 
systems and fire suppression systems used in the belt entry.
    (5) The belt entry, the primary escapeway, and other intake entries 
if used, will be equipped with AMS that is installed, operated, 
examined and maintained as specified in this petition.
    (6) Prior to the development of any portion of the two-entry mining 
system, all miners will receive annual training in the basic operating 
principles of the AMS, that will include actions required in the event 
of activation of any AMS alert or alarm signal. This training will be 
conducted as part of a miner's new miner training, experienced miner 
training, or annual refresher training.
    (7) Mantrip cars, personnel carriers, or other transportation 
equipment will be maintained on or near the working section and on or 
near areas where mechanized mining equipment is being installed or 
removed, and will be of sufficient capacity to transport all persons 
who may be in the area, and will be located within 500 feet of the 
section loading point or proposed section loading point.
    (8) Fire doors designed to quickly isolate the working section will 
be constructed in the two entries for use in emergency situations. The 
fire doors will be operable throughout the duration of the two-entry 
panel. A plan for the emergency closing of the fire doors, notification 
of personnel, and deenergization of electric power inby the doors, will 
be included in the 30 CFR 75.1502 mine emergency evacuation and 
firefighting program of instruction plan.
    (9) Two separate lines or systems for voice communication will be 
maintained in the two-entry mining section. Phones will be installed 
every 1,000 feet within one crosscut of the location of the diesel-
discriminating sensor in the belt and intake entries. The two systems 
will not be routed through the same entry. The methods of 
communications will be subject to approval of the DM. In addition, the 
underground personnel communication system (radio) will be used as a 
communication link between the AMS operator and the designated person 
on each working section, all diesel equipment operators on each panel, 
and any person investigating an alert condition.
    (10) Communication and tracking systems will be installed and 
maintained according to the approved Emergency Response Plan (ERP), and 
will be subject to approval by the DM. Each individual located inby the 
mouth of the two-entry panel will carry a means of two-way 
communication.
    (11) In addition to the requirements of 30 CFR 75.1100-2(b), fire 
hose outlets with valves every 300 feet will be installed along the 
intake entry. At least 500 feet of fire hose with fittings and nozzles 
suitable for connection with the outlets will be stored at each 
strategic location along the intake entry. The locations will be 
specified in the mine emergency evacuation and firefighting program of 
instruction plan.
    (12) Compressor stations and unattended portable compressors will 
not be located in the two-entry panel.
    The petitioner proposes to use the following additional 
requirements for two-entry panel development:
    (1) Diesel-discriminating sensors will be installed in the belt 
conveyor entry within 25 feet inby and outby the crosscut where return 
air is directed out of the belt conveyor entry.
    (2) A mechanical rock-dusting machine or the discharge hose of a 
mechanical rock-dusting machine will be installed in the belt conveyor 
entry near the section loading point of each two-entry development 
section. The mechanical rock-dusting machines will be operated 
continuously when coal is being produced to render the float coal dust 
inert in these entries, except when miners are performing maintenance, 
inspections, or other required work in these areas.
    (3) A methane monitoring system utilizing methane sensors will be 
incorporated into the AMS and be installed to monitor the air in each 
belt haulage entry. The sensors will be located so that the belt air is 
monitored near the mouth of the development, near the tailpiece of the 
belt conveyor, and at or near any secondary belt drive unit installed 
in the belt haulage entry.
    (4) The methane monitoring system will provide both audible and 
visual signals on both the working section and at a manned location on 
the surface of the mine where personnel will have two-way 
communications with all working sections, and will be on duty at all 
times when miners are underground in a two-entry section or when a 
conveyor belt is operating in a two-entry section. The system will 
initiate alarm signals when the methane level is 1.0 volume per centum. 
The methane monitoring system will deenergize the belt conveyor drive 
units when the methane level is 1.0 volume per centum. Upon 
notification of the alarm the miners will deenergize all other 
equipment located on the section.
    The petitioner proposes to use the following additional 
requirements for retreat mining of the panels and longwall installation 
and recovery:
    (1) Two separate intake air courses within each longwall panel will 
be provided to each two-entry longwall. Both air courses may be located 
on the same side of the panel. The air will travel in a direction from 
the mouth of the panel toward the section.
    (2) The average concentration of respirable dust in the belt air 
course when used as an intake air course will be maintained at or below 
1.0 mg/m\3\. A permanent designated area for dust measurements will be 
established at a point no greater than 50 feet upwind from the most 
outby open crosscut on the working section. The designated area will be 
specified and approved in the ventilation plan.
    (3) Unless approved by the DM, no more than 50 percent of the total 
intake air delivered to the working section or to areas where 
mechanized mining equipment is being installed or removed can be 
supplied from the belt air course. The locations for measuring air 
quantities will be approved in the mine ventilation plan.
    (4) Notwithstanding the provisions of 30 CFR 75.380(g), additional 
intake air may be added to the belt air course through a point feed 
regulator that is not located within a two-entry panel (i.e. main belt) 
to ventilate the working section(s). The location and use of any point 
feed will be approved in the mine ventilation plan.
    (5) During longwall retreat mining, a mechanical rock-dusting 
machine or the discharge hose of a mechanical rock-dusting machine will 
be installed at or near the last tailgate shield. The rock-dusting 
machines will be operated continuously when coal is being produced to 
render float coal dust inert in these entries except when miners are 
performing maintenance, inspections, or other required work in these 
areas.
    (6) When a hydraulic fluid pump station for the longwall support 
system is located in the two-entry system, it will be installed and 
maintained as follows:

[[Page 59304]]

    (a) The pumps and electrical controls will be equipped with an 
automatic fire suppression system.
    (b) Only MSHA-approved fire resistant hydraulic fluid of the ``high 
water content group'', such as lsosynth VX 110BF2 or similar, will be 
used.
    (c) The pump station will be maintained within 1,500 feet of the 
longwall face.
    (d) In addition to the concentrate contained as part of the 
hydraulic pump system, hydraulic concentrate stored in the two-entry 
system will be limited to 500 gallons.
    (e) A diesel-discriminating sensor will be installed between 50 and 
100 feet downwind of the hydraulic pump station. The sensor will be 
installed in a location that will detect carbon monoxide caused by a 
fire and that will minimize the possibility of damage by mobile 
equipment.
    (f) Whenever the transformer supplying power to the hydraulic 
pumping station is located in the intake entry, the transformer will 
be:
    (i) Maintained within 1,500 feet of the longwall face.
    (ii) Provided with a diesel-discriminating sensor located on the 
inby side of the transformer in a location that will detect carbon 
monoxide caused by a fire and that will minimize the possibility of 
damage by mobile equipment.
    (iii) Provided with an over-temperature device that will deenergize 
the pumping station when the temperature reaches 165 degrees 
Fahrenheit.
    (g) Each hydraulic pump will be provided with an over-temperature 
device that will automatically deenergize the motor on which it is 
installed. Deenergization will take place at a temperature of not more 
than 210 degrees Fahrenheit. The over-temperature device will be 
installed to monitor the circulating oil for the pump or on the 
external pump case housing.
    (h) MSHA will be informed prior to the initial startup of the 
pumping system so that an inspection by MSHA can be conducted.
    The petitioner proposes to use the following requirements for two-
entry development, longwall installation and recovery, and retreat 
mining systems when diesel-powered equipment is operated on a two-entry 
system:
    (1) The following administrative controls will be used:
    (a) The number and type of pieces of diesel equipment in two-entry 
system will be minimized. A list of diesel equipment and their 
associated air quantity requirements will be provided at the designated 
surface location for use by the Atmospheric Monitoring System (AMS) 
operator. A whiteboard or similar method will be used by the AMS 
operator to keep a total of the air requirements of all diesel 
equipment operating in the two-entry system.
    (b) The AMS operator will prohibit diesel equipment from entering 
the two-entry system when the total air required by all operating 
diesel equipment within the two-entry system exceeds the air quantity 
measure in the intake diesel roadway.
    (c) The intake diesel roadway air quantity will be measured within 
three crosscuts outby the section loading point and will be included in 
all preshift examinations. Prior to entering or leaving a two-entry 
section, all diesel equipment operators will report to the designated 
AMS operator.
    (2) Except ambulances used for emergencies only, all diesel powered 
equipment not approved and maintained under 30 CFR Part 36 operated on 
any two-entry system will include the following, maintained in 
operating condition:
    (a) An automatic and manually activated fire suppression system 
meeting the requirements of 30 CFR 75.1911. The manual fire suppression 
system will be capable of being activated from both inside and outside 
the machine's cab. The manual actuator located outside the cab will be 
on the side of the machine opposite the operator.
    (b) An automatic engine shut down/fuel shut-off system, tied into 
the activation of the fire suppression system that will be maintained 
in operating condition.
    (c) An automatic closing heat-activated shut-off valve on diesel 
fuel lines either located between the fuel injection pump and fuel tank 
if the fuel lines are constructed of steel or located as close as 
practical to the fuel tank.
    (d) A means to prevent the spray from ruptured diesel fuel, 
hydraulic oil, or lubricating oil lines from being ignited by contact 
with engine exhaust system component surfaces such as shielding, 
conduit, non-absorbent insulating materials, isolating compartments, 
etc.
    (e) A means to maintain the surface temperature of the exhaust 
system of diesel equipment below 302 degrees Fahrenheit for diesel 
equipment classified as ``heavy-duty'' and that may be classified as 
light-duty but capable of performing work as heavy-duty equipment under 
30 CFR 75.1908(a).
    (f) A sensor to monitor the temperature and provide visual warning 
of an overheated cylinder head on air-cooled engines.
    (3) A diesel-powered rock dust machine and diesel-powered 
generator, which are not approved and maintained under Part 36 or Part 
7, can be used in the two-entry system, except where permissible 
equipment is required, provided no one is inby the work area.
    (4) Diesel fuel will not be stored in the two-entry system and 
diesel-powered equipment not approved and maintained under Part 36, 
will not be refueled in the two-entry system.
    (5) Diesel equipment will not be used for face haulage equipment on 
the working section, but may be used on the working section for 
cleanup, setup, and recovery or similar non-coal haulage purposes.
    (6) If non-Part 36 diesel-equipment needs to be jump-started due to 
a dead battery in any two-entry system, a methane check will be made by 
a qualified person using an MSHA-approved detector prior to attaching 
the jumper cables. The equipment will not be jump-started if the air 
contains 1.0 volume per centum or more of methane.
    (7) The operator will adopt and comply with a diesel equipment 
maintenance program. The program will include the examinations and 
tests specified in the manufacturer's maintenance recommendations as 
they pertain to diesel carbon monoxide emissions. A record of these 
examinations and tests will be maintained on the surface and made 
available to all interested persons.
    In addition to the terms and conditions contained in this petition, 
the Atmospheric Monitoring System will be installed, operated, 
examined, and maintained and training will be conducted according to 
the provisions in 30 CFR 75.350, 75.351, and 75.352.
    Prior to implementation of this petition, an inspection will be 
conducted by MSHA to ensure that the petitioner has complied with all 
of the terms and conditions of the petition. The petitioner will 
provide an approved Part 48 training plan that complies with all of the 
conditions specified in this petition. The following training will be 
provided:
    (1) Equipment operators will be trained on using the fire 
suppression systems on diesel-equipment in the two-entry system.
    (2) Miners will be trained on working on or maintaining the 
hydraulic pumping station when the hydraulic pumping station for the 
longwall supports is located in the two-entry system.
    (3) Miners will be trained on emergency closing of fire doors, 
permanent ventilation control devices, notification of personnel, and

[[Page 59305]]

deenergization of electric power within the longwall district.
    (4) Miners will be trained on mine emergency evacuation and 
firefighting program instructions, the approved SCSR storage plan, the 
approved ventilation plan, and the approved emergency response plan.
    The petitioner states that the terms and conditions of this 
petition will not apply during the time period from completion of the 
development mining of the two-entry longwall panel until the beginning 
of the longwall equipment setup activities, provided that the conveyor 
belt in the two-entry panel is not energized. During this time period 
all other mandatory standards will apply.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

    Dated: September 25, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-23298 Filed 9-30-14; 8:45 am]
BILLING CODE 4510-43-P