[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24280-24286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10093]


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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 Title 30 of the Code of Federal Regulations, 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.

DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations, and Variances on or before June 1, 2015.

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-2015-007-C.
    Petitioner: White Oak Resources, LLC, P.O. Box 339, McLeansboro, 
Illinois 62859.
    Mine: White Oak Mine No. 1, MSHA I.D. No. 11-03203, located in 
Hamilton County, Illinois.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

[[Page 24281]]

    Modification Request: The petitioner requests a modification of the 
existing standard to permit mining within a 300 foot diameter of 
abandoned oil and gas wells, and to allow mining through abandoned oil 
and gas wells.
    1. A safety barrier of 300 feet diameter (150 feet between any 
mined area and a well) will be maintained around all oil and gas wells, 
to include all active, inactive, abandoned, shut-in, and previously 
plugged wells and including water injection wells until approval to 
proceed has been obtained from the District Manager (DM).
    2. The petitioner proposes, prior to mining through any oil or gas 
well at its White Oak Mine No. 1, to provide the DM a sworn affidavit 
or declaration stating that all mandatory procedures for cleaning out, 
preparing, and plugging each gas or oil well have been completed. The 
declaration will be accompanied by down-hole logs and any other 
information that the DM may request.
    (a) The petitioner proposes to use the following procedures when 
cleaning out and preparing oil and gas wells prior to plugging or 
replugging:
    (1) Clean out the well from the surface to at least 200 feet below 
the base of the lowest mineable coal seam. The DM will be provided with 
all information it possesses concerning the geological nature of the 
strata and the pressure of the well. All material will be removed from 
the entire diameter of the well, wall to wall.
    (2) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for the bridge plug. In addition a journal will be 
maintained describing the depth and nature of each material 
encountered; bit size and type used to drill each portion of the hole; 
length and type of each material used to plug the well; length of 
casing(s) removed, perforated, or ripped, or left in place, any 
sections where casing was cut or milled; and other pertinent 
information concerning cleaning and sealing the well. Invoices, work-
orders, and other records relating to all work on the well will be 
maintained as part of this journal and provided to MSHA on request.
    (3) When cleaning out the well, a diligent effort will be made to 
remove all of the casing in the well or, if it is not possible to 
remove all of the casing, fill the annulus between the casings and the 
well walls with expanding cement (minimum 0.5 percent expansion on 
setting) and ensure that these areas contain no voids. If the casing 
cannot be removed it will be cut or milled at all mineable coal seam 
levels. Any remaining casings will be perforated or ripped at least 
every 50 feet from at least 200 feet below the base of the lowest 
mineable coal seam up to 100 feet above the uppermost mineable coal 
seam. When multiple casing and tubing strings are present in the coal 
horizon(s), perforate or rip any casing that remains and fill with 
expanding cement. Keep an acceptable casing bond log for each casing 
and tubing string used in lieu of ripping or perforating multiple 
strings.
    (4) Place a mechanical bridge plug in the well, if a cleaned-out 
well emits excessive amounts of gas. Place the mechanical bridge plug 
in a competent stratum at least 200 feet below the base of the lowest 
mineable coal seam, but above the top of the uppermost hydrocarbon-
producing stratum.
    (5) If the uppermost hydrocarbon-producing stratum is within 300 
feet of the base of the lowest mineable coal seam, properly place 
mechanical bridge plugs to isolate the hydrocarbon-producing stratum 
from the expanding cement plug. Place a minimum of 200 feet of 
expanding cement below the lowest mineable coal seam.
    (b) The petitioner proposes to use the following procedures for 
plugging or replugging oil or gas wells to the surface:
    (1) Pump expanding cement slurry down the well to form a plug that 
runs from at least 200 feet below the base of the lowest mineable coal 
seam to the surface. Place the expanding cement in the well under a 
pressure of at least 200 pounds per square inch. Portland cement or a 
lightweight cement mixture may be used to fill the area from 100 feet 
above the top of the uppermost mineable coal seam.
    (2) Embed steel turnings or other small magnetic particles in the 
top of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the American Petroleum Institute (API) well number either engraved 
or welded on the casing. When the hole cannot be marked with a physical 
monument (i.e., prime farmland), use high-resolution GPS coordinates 
(one-half meter resolution) to locate the hole.
    c. The petitioner proposes to use the following procedures for 
plugging or replugging oil and gas wells for subsequent use as 
degasification boreholes:
    (1) Set a cement plug in the well by pumping expanding cement 
slurry down the tubing to provide at least 200 feet of expanding cement 
below the lowest mineable coal seam. Place the expanding cement in the 
well under a pressure of at least 200 pounds per square inch. Extend 
the top of the expanding cement at least 30 feet above the top of the 
coal seam being mined.
    (2) Securely grout a suitable casing into the bedrock of the upper 
portion of the degasification well to protect it. The remainder of this 
well may be cased or uncased.
    (3) Fit the top of the degasification casing with a wellhead, 
equipped as required by the DM in the approved ventilation plan. Such 
equipment may include check valves, shut-in valves, sampling ports, 
flame arrestor equipment, and security fencing.
    (4) Operation of the degasification well will be addressed in the 
approved ventilation plan. This may include periodic tests of methane 
levels and limits on the minimum concentrations that may be extracted.
    (5) After the area of the coal mine that is degassed by a well is 
sealed or the coal mine is abandoned, seal the degas holes using the 
following procedures:
    (i) Insert a tube to the bottom of the drill hole or, if not 
possible, to at least 100 feet above the Herrin No. 6 coal seam. Remove 
any blockage to ensure that the tube is inserted to this depth.
    (ii) Set a cement plug in the well by pumping Portland cement or a 
lightweight cement mixture down the tubing until the well is filled to 
the surface.
    (iii) Embed steel turnings or other small magnetic particles in the 
top of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground level 
with the API well number engraved or welded on the casing.
    d. The petitioner proposes to use the following mandatory 
alternative procedures for preparing and plugging or replugging oil or 
gas wells that cannot be cleaned out:
    (1) Drill a hole adjacent and parallel to the well to a depth of at 
least 200 feet below the lowest mineable coal seam.
    (2) Locate any casing that may remain in the well using a 
geophysical sensing device.
    (3) If the well contains casings, drill into the well from the 
parallel hole and perforate or rip all casings at intervals of at least 
5 feet from 10 feet below the coal seam to 10 feet above the coal seam. 
Beyond that distance, perforate or rip all casings at least every 50 
feet from at least 200 feet below the base of the lowest mineable coal 
seam up to 100 feet above the seam being mined. Fill the annulus 
between the casings and

[[Page 24282]]

between the casings and the well wall with expanding cement (minimum of 
0.5 percent expansion on setting), and ensure that these areas contain 
no voids. When multiple casing and tubing strings are present in the 
coal horizons, rip or perforate any casing that remains and fill with 
expanding cement. Provide an acceptable casing bond log for each casing 
and tubing used in lieu of ripping or perforating multiple strings.
    (4) Use a horizontal hydraulic fracturing technique to intercept 
the original well. Fracture the original well in at least six places 
from at least 200 feet below the base of the lowest mineable coal seam 
to a point at least 50 feet above the seam being mined, at intervals to 
be agreed on by the petitioner and the DM after considering the 
geological strata and the pressure within the well. Pump expanding 
cement into the fractured well in sufficient quantities and in a manner 
that fills all intercepted voids.
    (5) Prepare down-hole logs for each well. The logs will consist of 
a caliper survey and be suitable for determining the top, bottom, and 
thickness of all coal seams and potential hydrocarbon-producing strata 
and the location for the bridge plug. The operator may obtain the logs 
from the adjacent hole rather than the well if the condition of the 
well makes it impractical to insert the equipment necessary to obtain 
the log. Maintain a journal describing the depth of each material 
encountered; the nature of each material encountered; bit size and type 
used to drill each portion of the hole; length and type of each 
material used to plug the well; length of casing(s) removed, 
perforated, ripped, or left in place; and other pertinent information 
concerning sealing the well. Invoices, work orders, and other records 
relating to all work on the well will be maintained as part of the 
journal and provided to MSHA on request.
    (6) After plugging the well, plug the open portions of both holes 
from the bottom to the surface with Portland cement or a lightweight 
cement mixture.
    (7) Embed steel turnings or other small magnetic particles in the 
top of the cement near the surface to serve as a permanent magnetic 
monument of the well. In the alternative, extend a 4\1/2\-inch or 
larger casing, set in cement, at least 36 inches above the ground 
level.
    (8) A combination of the methods outlined in subparagraphs (d)(3) 
and (d)(4) may have to be used in a single well depending on the 
conditions of the hole and the presence of casings. The petitioner and 
DM would discuss the nature of each hole. The DM may require that more 
than one method be used.
    e. The petitioner proposes to use the following procedures after 
approval has been granted by the DM to mine through a plugged or 
replugged well:
    (1) Prior to cutting-through a plugged well, notify the DM or 
designee, representative of the miners, and the appropriate State 
agency in sufficient time for them to have a representative present.
    (2) When using continuous mining machines, install drivage sites at 
the last open crosscut near the place to be mined to ensure 
intersection of the well. The drivage sites will not be more than 50 
feet from the well. When using longwall mining methods, install drivage 
sites on 10-foot centers for a distance of 50 feet in advance of the 
well. The drivage sites will be installed in the headgate and tailgate.
    (3) Firefighting equipment, including fire extinguishers, rock 
dust, and sufficient fire hose to reach the working face area of the 
mine-through (when either the conventional or continuous mining method 
is used), will be available and operable during each well mine-through. 
Locate the fire hose in the last open crosscut of the entry or room. 
Maintain the water line to the belt conveyor tailpiece along with a 
sufficient amount of fire hose to reach the farthest point of 
penetration on the section. When the longwall mining method is used, a 
hose to the longwall water supply is sufficient. All fire hoses will be 
connected and ready for use, but do not have to be charged with water 
during the cut-through.
    (4) Keep available at the last open crosscut a supply of roof 
support and ventilation materials sufficient to ventilate and support 
around the well on cut-through. In addition, keep emergency plugs and 
suitable sealing materials available in the immediate area of the well 
intersection.
    (5) Maintain minimum air quantities in the working face during the 
period from when mining within 50 feet of the well location until the 
post cut-through inspection, or mining progresses at least 50 feet past 
the well location will be specified in the approved ventilation plan.
    (6) On the shift prior to mining through the well, service all 
equipment and check for permissibility.
    (7) Calibrate the methane monitors on the longwall, continuous 
mining machine, or cutting machine and loading machine on the shift 
prior to mining through the well.
    (8) When mining is in progress, test methane levels with a hand-
held methane detector at least every 10 minutes from the time that 
mining with the continuous mining machine is within 30 feet of the well 
until the well is intersected and immediately prior to mining through 
it. No individual is allowed on the return side during the actual 
cutting process until the mine-through has been completed and the area 
examined and declared safe. All workplace examinations will be 
conducted on the return side of the shearer while the shearer is idle.
    (9) Keep the working place free from accumulations of coal dust and 
coal spillages, and place rock dust on the roof, rib, and floor to 
within 20 feet of the face when mining through the well when using 
continuous or conventional mining methods. Conduct rock dusting on 
longwall sections on the roof, rib, and floor up to both the headgate 
and tailgate gob.
    (10) Deenergize all equipment when the wellbore is intersected and 
thoroughly examine the place and determine it safe before resuming 
mining. After a well has been intersected and the working place 
determined safe, mining will continue inby the well a sufficient 
distance to permit adequate ventilation around the area of the well.
    (11) In rare instances, torches may be used for inadequately or 
inaccurately cut or milled casings at the coal seam level. No open 
flame is permitted in the area until adequate ventilation has been 
established around the wellbore and methane levels are less than 1.0 
percent in all areas that will be exposed to flames and sparks from the 
torch. Apply a thick layer of rock dust to the roof, face, floor, ribs, 
and any exposed coal within 20 feet of the casing prior to any use of 
torches.
    (12) Non-sparkling (brass) tools will be located on the working 
section and will be used to expose and examine cased wells.
    (13) No person will be permitted in the area of the cut-through 
operation except those actually engaged in the mining operation, 
including mine management, representatives of miners, personnel from 
MSHA, and personnel from the appropriate State agency.
    (14) A certified official will directly supervise the cut-through 
operation and only the certified official in charge will issue 
instructions concerning the cut-through operation.
    (15) Within 60 days after this petition becomes final, the 
petitioner will submit proposed revisions for its approved part 48 
training plan to the DM. These proposed revisions will include initial 
and refresher training regarding compliance with the terms and 
conditions stated in the Order. The operator will provide all miners 
involved in the mine-through of a well

[[Page 24283]]

with training regarding the requirements of this Order prior to mining 
within 150 feet of the next well intended to be mined through.
    (16) The responsible person required in 30 CFR 75.1501 will be 
responsible for well intersection emergencies. The responsible person 
will review the well intersection procedures prior to any planned 
intersection.
    (17) Within 60 days after this petition becomes final, the 
petitioner will submit proposed revisions for its approved mine 
emergency evacuation and firefighting plan required in 30 CFR 75.1501. 
The plan will include the hazards and evacuation procedures to be used 
for well intersections. All underground miners will be trained in this 
revised plan within 60 days of submittal of the revised evacuation 
plan.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.

    Docket Number: M-2015-008-C.
    Petitioner: Consolidation Coal Company, RD #1 Box 62A, Dallas, West 
Virginia 26036.
    Mine: Shoemaker Mine, MSHA I.D. No. 46-01436, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.311(b)(2) and (3) (Main mine fan 
operation).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the refuse belt to continue to operate 
during a fan outage other than the Dupont Fan. Management will monitor 
and prohibit the entrance of any miners or personnel underground at any 
time during the fan outages. The mine will follow the re-entry 
requirements in 30 CFR for examinations and re-entry by mine personnel 
once all fans are operational. The petitioner states that:
    (1) The Shoemaker Mine operates in the Pittsburgh #8 coal seam. The 
seam thickness averages 84 inches. The overburden averages 850 feet. 
The continuous miner and longwall sections are used to mine this coal 
seam. The mine currently has 730 employees.
    (2) Coal extraction from the mine is transported via conveyor belt 
to the coal processing plant located on the surface. Rock and other 
impurities are separated from the coal at this location. The separated 
rock and impurities are termed ``refuse or refuse material''.
    (3) The refuse material which has been separated from the coal is 
then loaded onto another conveyor belt, hereinafter known as the refuse 
belt, which carries the refuse material back into and through a small 
portion of the mine, before exiting to the surface again. The refuse is 
then trans-loaded onto rubber tired vehicles which distribute the 
refuse throughout the approved refuse disposal site.
    (4) The belt consists of a 30-inch flame resistant material 
required in 30 CFR part 14. The belt travels from the preparation plant 
to the refuse site. The distance underground is approximately 4,000 
feet.
    (5) Removing the refuse belt from service due to a fan outage also 
prevents the coal processing plant from operating.
    (6) The mine is ventilated with multiple main ventilation fans and 
the primary source of ventilation of the ``refuse'' belt is the Dupont 
main blowing fan. In the event of an outage of any or all ventilation 
fans, the Dupont fan will remain in operation to provide adequate 
ventilation to the petitioned area.
    (7) The procedures below will be used to monitor the belt on the 
surface at manned locations.
    (a) The following procedures will be used for operating the refuse 
belt during a fan outage:
    (1) The refuse belt is ventilated by the Dupont main blowing fan. 
The air enters the mine and splits on the belt and exits the mine at 
the River Portal and top of the Refuse Slope at Browns Run. The blowing 
system provides positive pressure on the beltline and surrounding 
areas. Air measurements recorded at the two belt openings where air 
exits the mine will be monitored with a velometer. If at any time the 
Dupont main blowing fan becomes inoperative then the refuse belt will 
be deenergized by a remote system from a surface location.
    (2) The beltline will be monitored on the surface at manned 
locations where audible and visual signals can be heard or seen. An 
intrinsically safe monitoring system capable of detection and 
monitoring of carbon monoxide, oxygen, methane and velocity will be 
installed and maintained along the refuse belt as indicated below:
    (i) Carbon monoxide sensors will be installed near the center in 
the upper third of the entry, in a location that does not expose 
personnel working on the system to unsafe conditions. Sensors will not 
be located in abnormally high areas or in other locations where airflow 
patterns do not permit products of combustion to be carried to the 
sensors.
    (ii) The carbon monoxide sensor location intervals will not exceed 
1,000 feet along the belt entry and not more than 100 feet downwind of 
the belt tailpiece transfer.
    (iii) Oxygen and methane sensors will be installed near the center 
of the entry, at least 12 inches from the roof, ribs, and floor, in a 
location that would not expose personnel working on the system to 
unsafe conditions. The sensor will be located where the ventilating 
current enters the refuse belt entry at Survey Station 12+50.
    (iv) Velometers will be installed at the two locations where air 
used to ventilate the Refuse Belt exits the mine.
    (v) The sensors will automatically provide visual and audible 
signals at the surface locations for any interruption of circuit 
continuity and any electrical malfunction of the system. These signals 
must be of sufficient magnitude to be seen or heard by the designated 
person at the surface locations.
    (vi) The sensors will automatically provide visual and audible 
signals at the designated surface locations when carbon monoxide 
concentration levels reach alarm (10 PPM), (the Ambient CO Level for 
the entry will be zero); methane concentration levels reach alarm at 
1.0 percent at any sensor; oxygen concentration levels drop below and 
reach alarm at 19.5 percent; or velocities drop under 50 FPM and reach 
alarm.
    (vii) If at any time any segment of the monitoring system reaches 
alarm status the belt will be deenergized.
    (8) The sensors will be installed and maintained by personnel 
trained in the installation and maintenance of the system. The system 
will be maintained in proper operating condition.
    (9) Sensors used to monitor for carbon monoxide and methane will be 
of a type listed and installed in accordance with the recommendations 
of a nationally recognized testing laboratory approved by the 
Secretary, or will be of a type, and installed in a manner approved by 
the Secretary.
    (10) At least once each shift when belts are operated as part of a 
production shift, sensors used to detect carbon monoxide will be 
visually examined.
    (11) At least once every seven days alarms for the installed 
monitoring system will be functionally tested for proper operation.
    (12) At intervals not to exceed 31 days, each carbon monoxide 
sensor will be calibrated in accordance with the manufacturer's 
calibration specifications. Calibration will be done with a known 
concentration of carbon monoxide in air sufficient to activate the 
alarm.
    (13) Each methane sensor installed will be calibrated in accordance 
with

[[Page 24284]]

the manufacturer's calibration specifications. Calibration will be done 
with a known concentration of methane in air sufficient to activate an 
alarm.
    (14) If the alarm signals are activated during calibration of 
sensors, the designated person will be notified prior to and upon 
completion of calibration.
    (15) Gases used for the testing and calibration of sensors will be 
traceable to the National Institute of Standards and Technology 
reference standard for the specific gas. When these reference standards 
are not available for a specific gas, calibration gases will be 
traceable to an analytical standard which is prepared using a method 
traceable to the National Institute of Standards and Technology. 
Calibration gases must be within 2.0 percent of the 
indicated gas concentration.
    (16) A record of the date, time, location and type of sensor, and 
the cause for the activation will be recorded if an alarm occurs.
    (17) If a sensor malfunctions, the date, the extent and cause of 
the malfunction, and the corrective action taken to return the system 
to proper operation will be recorded.
    (18) A record of the seven-day tests of alert and alarm signals, 
calibrations, and maintenance of the sensors will be made by the 
person(s) performing these tests.
    (19) The person(s) entering the recordings will include their name, 
date, and signature in the record.
    (20) The records required by this section will be kept either in a 
secure book that is not susceptible to alteration, or electronically in 
a computer system that is secure and not susceptible to alteration. 
These records will be maintained separately from other records and 
identifiable by a title, such as the ``Sensor Log''.
    (21) Records will be retained for at least one year at a surface 
location at the mine and made available for inspection by miners and 
authorized representatives of the Secretary.
    (22) The Intrinsically Safe Fire Sensor and Warning System will be 
comprised of components from Conspec Controls, Inc., or equivalent 
parts or manufacture.
    (23) The system will consist of intrinsically safe components. The 
following components will be the only electrical components present 
underground on the refuse belt:
    (a) Belt Conveyor On/Off switches every 1,000 feet with an 
intrinsically safe system. A total of 6 switches are present along the 
beltline.
    (b) The belt controls including belt switches and chute plug switch 
will be controlled by SMC C1570 IS Relays with diodes. The sequence 
switch will go through an IS barrier (BWI EAGLE 10-7072 IS Zenner 
Barrier) to an IS proximity switch (BWI EAGLE 10-7039 IS Prox Sensor).
    (c) The refuse and slope belt drives and associated electrical 
components are located outside on the surface at Browns Run and the 
River Portal.
    Within 60 days after this Petition is granted, the petitioner will 
submit proposed revisions for its approved part 48 training plan to the 
District Manager. The proposed revisions will specify initial and 
refresher training regarding the alternative method outlined in this 
petition and the terms and conditions stated in the Proposed Decision 
and Order.

    Docket Number: M-2015-009-C.
    Petitioner: Consolidation Coal Company, RD #1 Box 62A, Dallas, West 
Virginia 26036.
    Mine: Shoemaker Mine, MSHA I.D. No. 46-01436, located in Marshall 
County, West Virginia.
    Regulation Affected: 30 CFR 75.313(c)(2) and (3) (Main mine fan 
stoppage with persons underground).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the refuse belt to continue to operate 
during a fan outage, other than the Dupont Fan. Management will monitor 
and prohibit the entrance of any miners or personnel underground at any 
time during the fan outages. The mine will follow the re-entry 
requirements in 30 CFR for examinations and re-entry by mine personnel 
once all fans are operational. The petitioner states that:
    (1) The Shoemaker Mine operates in the Pittsburgh #8 coal seam. The 
seam thickness averages 84 inches. The overburden averages 850 feet. 
The continuous miner and longwall sections are used to mine this coal 
seam. The mine currently has 730 employees.
    (2) Coal extraction from the mine is transported via conveyor belt 
to the coal processing plant located on the surface. Rock and other 
impurities are separated from the coal at this location. The separated 
rock and impurities and termed ``refuse or refuse material''.
    (3) The refuse material which has been separated from the coal is 
them loaded onto another conveyor belt, hereinafter known as the refuse 
belt, which carries the refuse material back into and through a small 
portion of the mine, before exiting to the surface again. The refuse is 
then trans-loaded onto rubber tired vehicles which distribute the 
refuse throughout the approved refuse disposal site.
    (4) The belt consists of a 30-inch flame resistant material 
required in 30 CFR part 14. The belt travels from the preparation plant 
to the refuse site. The distance underground is approximately 4,000 
feet.
    (5) Removing the refuse belt from service due to a fan outage also 
prevents the coal processing plant from operating.
    (6) The mine is ventilated with multiple main ventilation fans and 
the primary source of ventilation of the ``refuse'' belt is the Dupont 
main blowing fan. In the event of an outage of any or all ventilation 
fans, the Dupont fan will remain in operation to provide adequate 
ventilation to the petitioned area.
    (7) The procedures below will be used to monitor the belt on the 
surface at manned locations.
    (a) The following procedures will be used for operating the refuse 
belt during a fan outage:
    (1) The refuse belt is ventilated by the Dupont main blowing fan. 
The air enters the mine and splits on the belt and exits the mine at 
the River Portal and top of the refuse slope at Browns Run. The blowing 
system provides positive pressure on the beltline and surrounding 
areas. Air measurements recorded at the two belt openings where air 
exits the mine will be monitored with a velometer. If at any time the 
Dupont main blowing fan becomes inoperative then the refuse belt will 
be deenergized by a remote system from a surface location.
    (2) The beltline will be monitored on the surface at manned 
locations where audible and visual signals can be heard or seen. An 
intrinsically safe monitoring system capable of detection and 
monitoring of carbon monoxide, oxygen, methane and velocity will be 
installed and maintained along the refuse belt as indicated below:
    (i) Carbon monoxide sensors will be installed near the center in 
the upper third of the entry, in a location that does not expose 
personnel working on the system to unsafe conditions. Sensors will not 
be located in abnormally high areas or in other locations where airflow 
patterns do not permit products of combustion to be carried to the 
sensors.
    (ii) The carbon monoxide sensor location intervals will not exceed 
1,000 feet along the belt entry and not more than 100 feet downwind of 
the belt tailpiece transfer.
    (iii) Oxygen and methane sensors will be installed near the center 
of the entry, at least 12 inches from the roof, ribs, and floor, in a 
location that would not expose personnel working on the system to 
unsafe conditions. The sensor will be located where the ventilating 
current enters the refuse belt entry at Survey Station 12+50.

[[Page 24285]]

    (iv) Velometers will be installed at the two locations where air 
used to ventilate the refuse belt exits the mine.
    (v) The sensors will automatically provide visual and audible 
signals at the surface locations for any interruption of circuit 
continuity and any electrical malfunction of the system. These signals 
must be of sufficient magnitude to be seen or heard by the designated 
person at the surface locations.
    (vi) The sensors will automatically provide visual and audible 
signals at the designated surface locations when carbon monoxide 
concentration levels reach alarm (10 PPM), (the Ambient CO Level for 
the entry will be zero); methane concentration levels reach alarm at 
1.0 percent at any sensor; oxygen concentration levels drop below and 
reach alarm at 19.5 percent; or velocities drop under 50 FPM and reach 
alarm.
    (vii) If at any time any segment of the monitoring system reaches 
alarm status the belt will be deenergized.
    (8) The sensors will be installed and maintained by personnel 
trained in the installation and maintenance of the system. The system 
will be maintained in proper operating condition.
    (9) Sensors used to monitor for carbon monoxide and methane will be 
of a type listed and installed in accordance with the recommendations 
of a nationally recognized testing laboratory approved by the 
Secretary, or will be of a type, and installed in a manner approved by 
the Secretary.
    (10) At least once each shift when belts are operated as part of a 
production shift, sensors used to detect carbon monoxide must be 
visually examined.
    (11) At least once every seven days alarms for the installed 
monitoring system will be functionally tested for proper operation.
    (12) At intervals not to exceed 31 days, each carbon monoxide 
sensor will be calibrated in accordance with the manufacturer's 
calibration specifications. Calibration will be done with a known 
concentration of carbon monoxide in air sufficient to activate the 
alarm.
    (13) Each methane sensor installed will be calibrated in accordance 
with the manufacturer's calibration specifications. Calibration will be 
done with a known concentration of methane in air sufficient to 
activate an alarm.
    (14) If the alarm signals are activated during calibration of 
sensors, the designated person will be notified prior to and upon 
completion of calibration.
    (15) Gases used for the testing and calibration of sensors will be 
traceable to the National Institute of Standards and Technology 
reference standard for the specific gas. When these reference standards 
are not available for a specific gas, calibration gases will be 
traceable to an analytical standard which is prepared using a method 
traceable to the National Institute of Standards and Technology. 
Calibration gases must be within 2.0 percent of the 
indicated gas concentration.
    (16) A record of the date, time, location and type of sensor, and 
the cause for the activation will be recorded if an alarm occurs.
    (17) If a sensor malfunctions, the date, the extent and cause of 
the malfunction, and the corrective action taken to return the system 
to proper operation will be recorded.
    (18) A record of the seven-day tests of alert and alarm signals, 
calibrations, and maintenance of the sensors will be made by the 
person(s) performing these actions.
    (19) The person(s) entering the record must include their name, 
date, and signature in the record.
    (20) The records required by this section will be kept either in a 
secure book that is not susceptible to alteration, or electronically in 
a computer system that is secure and not susceptible to alteration. 
These records will be maintained separately from other records and 
identifiable by a title, such as the ``Sensor Log''.
    (21) Records will be retained for at least one year at a surface 
location at the mine and made available for inspection by miners and 
authorized representatives of the Secretary.
    (22) The Intrinsically Safe Fire Sensor and Warning System will be 
comprised of components from Conspec Controls, Inc., or equivalent 
parts or manufacture.
    (23) The system will consist of intrinsically safe components. The 
following components will be the only electrical components present 
underground on the refuse belt:
    (a) Belt conveyor on/off switches every 1,000 feet with an 
intrinsically safe system. A total of 6 switches are present along the 
beltline.
    (b) The belt controls including belt switches and chute plug switch 
will be controlled by SMC C1570 IS Relays with diodes. The sequence 
switch will go through an IS barrier (BWI EAGLE 10-7072 IS Zenner 
Barrier) to an IS proximity switch (BWI EAGLE 10-7039 IS Prox Sensor).
    (c) The refuse and slope belt drives and associated electrical 
components are located outside on the surface at Browns Run and the 
River Portal.
    Within 60 days after this Petition is granted, the petitioner will 
submit proposed revisions for its approved part 48 training plan to the 
District Manager. The proposed revisions will specify initial and 
refresher training regarding the alternative method outlined in this 
petition and the terms and conditions stated in the Proposed Decision 
and Order.

    Docket Number: M-2015-010-C.
    Petitioner: Coyote Creek Mining Company, LLC, 6502 17th Street SW., 
Zap, North Dakota 58580.
    Mine: Coyote Creek Mine, MSHA I.D. No. 32-01028, located in Mercer 
County, North Dakota.
    Regulation Affected: 30 CFR 77.803 (Fail safe ground check circuits 
on high-voltage resistance grounded systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance when 
the boom/mast is raised or lowered during necessary repairs. The 
petitioner states that:
    (1) Some stages of assembly/disassembly of draglines require 
special consideration when the boom/mast is raised/lowered into 
position.
    (2) The boom is raised/lowered utilizing the on-board VFD hoist 
drive and AC drive motors. This process is critical because power to 
the machine must not be interrupted. Power loss conditions may result 
in the boom becoming uncontrolled, falling, and possible injuries to 
workers. To address this condition, the petitioner proposes to use the 
following guidelines to help prevent loss of power to the machine. This 
procedure only addresses raising/lowering the boom on draglines 
utilizing the machine's electrical onboard VFD hoist drive and AC drive 
motors. It does not replace other mechanical precautions or the 
requirements of 30 CFR 77.405(b) that are necessary to safely secure 
booms/masts during construction or maintenance procedures.
    The petitioner proposes to use the following procedure for ``boom 
raising'' or ``boom lowering'' at the Coyote Creek Mine. During this 
period of construction and maintenance the machine will not be 
performing mining operations. This procedure will also be applicable in 
instances of disassembly or major maintenance that require the boom to 
be raised/lowered. The following guidelines will be used to minimize 
the potential for electrical power loss during this critical boom 
procedure:
    (1) The petitioner proposes to initially use the procedure to raise 
the boom on the Marion 8400 dragline, which is currently being 
reconstructed, and would most likely only use this procedure during 
disassembly or major maintenance in the future.

[[Page 24286]]

    (2) Major maintenance requiring the raising/lowering of the boom/
mast would only be performed on an as needed basis, which could span 
long periods of time. Therefore, training and review of the procedure 
would only be conducted prior to this need. At such time, all persons 
involved in the process would be trained and retrained.
    The petitioner states that:
    (1) Coyote Creek employees, its contractors, and affected persons 
will be trained on the requirements of the procedure at the mine.
    (2) The procedure will be coordinated by a Coyote Creek Mine 
maintenance supervisor and, if present, the contractor's representative 
will assist. At least two MSHA qualified electricians will be present 
at all times during the procedure.
    (3) The number of persons required on board the machine will be 
limited. An MSHA qualified electrician, dragline operator, and the 
dragline oiler will be permitted on the machine. The Coyote Creek 
maintenance supervisor and contractor's representative may either be on 
board or at a location on the ground to assist in the coordination.
    (4) The affected area under the boom will be secured to prevent 
persons from entering and/or contacting the frame of the machine during 
the ``boom raising/lowering''. The area will be secured and only those 
persons identified in Item #3 will be permitted inside the secured 
area. At no time will anyone be permitted under the boom or close to 
the boom.
    (5) Communication between the dragline operator, the MSHA qualified 
electrician at the dragline, the MSHA qualified electrician at the 
substation, the Coyote Creek maintenance supervisor, and the 
contractor's representative, if present, will be a dedicated channel on 
the company's two-way radio.
    (6) An MSHA qualified electrician will complete an examination of 
all electrical components that will be energized. The examination will 
be done within two hours prior to the boom raising/lowering process. A 
record of this examination will be made available to interested 
parties. The machine will be deenergized to perform this examination.
    (7) After the examination is completed, the electrical components 
necessary to complete the boom raising/lowering process will be 
energized to assure they are operating properly as determined by an 
MSHA qualified electrician. When completed, the machine will be 
deenergized and locked out.
    (8) The ground fault and ground check circuits will be disabled 
provided:
    (a) The internal grounding conductor of the trailing cable has been 
tested and is continuous from the frame of the dragline to the 
grounding resistor located at the substation. Utilizing the ground 
check circuit and disconnecting the pilot circuit at the machine frame, 
and verifying the circuit breaker cannot be closed, will be an 
acceptable test. Resistance measurements will also be used to assure 
the ground conductor is continuous. The grounding resistor will be 
tested to assure it is properly connected, is not open, or is not 
shorted.
    (b) Normal short circuit protection will be provided at all times. 
The over current relay setting may be increased up to 100 percent above 
its normal setting.
    (9) During the boom raising/lowering procedure an MSHA qualified 
electrician will be positioned at the substation dedicated to monitor 
the grounding circuit. The MSHA qualified electrician will be able to 
detect a grounded phase condition or an open ground wire condition. The 
MSHA qualified electrician at the substation will at all times maintain 
communications with an MSHA qualified electrician at the dragline. If a 
grounded phase condition or an open ground wire should occur during the 
process, the MSHA qualified electrician at the substation will notify 
the MSHA qualified electrician at the dragline. All persons on board 
the machine must be aware of the condition and must remain on board the 
machine. The boom must be lowered to the ground or controlled and 
electrical circuit deenergized, locked and tagged out. The circuit must 
remain deenergized until the condition is corrected. The ground fault 
and ground check circuits will be reinstalled prior to reenergizing and 
testing the machine. Once circuits have been tested and no adverse 
conditions are present, the boom raising/lowering procedure, as 
outlined above, will be resumed.
    (10) During the construction/maintenance procedure, persons cannot 
get on or off the dragline while the ground check ground fault circuits 
are disabled unless the circuit is deenergized, locked and tagged out 
as verified by the MSHA qualified electrician at the substation.
    (11) After the boom raising/lowering is completed, the MSHA 
qualified electrician at the substation will restore all the protective 
devices to their normal state. When this has been completed, the MSHA 
qualified electrician at the substation will notify the dragline that 
all circuits are in their normal state. At this time normal work 
procedures can begin.
    The petitioner asserts that this proposed alternative method of the 
existing standard will not result in a diminution of safety to the 
miners affected.

    Dated: April 27, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-10093 Filed 4-29-15; 8:45 am]
 BILLING CODE 4510-43-P