[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Notices]
[Pages 39448-39450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16752]


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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 August 10, 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, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, 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 4th 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

[[Page 39449]]

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-2015-002-M.
    Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road 
85, Green River, Wyoming 82935.
    Mine: Solvay Chemicals, Inc., MSHA I.D. No. 48-01295, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.4760(a) (Shaft mines).
    Modification Request: The petitioner requests a modification of the 
existing standard due to the potential negative impact that would 
adversely affect the safety of persons in the mine as a result of 
changes to the mine ventilation system. The petitioner states that:
    1. The proposed modification would allow relief from providing at 
least one of the following means in the event of fire, smoke or toxic 
gases as stated in 30 CFR 57.4760(a):
    (a) Solvay Chemicals, Inc. is categorized as a Category III mine in 
which non-combustible ore is extracted.
    (b) The mine liberates a concentration of methane that is 
explosive, or is capable of forming explosive mixtures with air, or has 
the potential to do so, based on the history of the mine or the 
geological area in which the mine is located.
    2. A Category III mine is subjected to 30 CFR 57.22214(a), which 
requires that any changes in ventilation which affect the main air 
current or any split thereof and which adversely affect the safety of 
persons in the mine must be made when the mine is idle.
    3. The installation of control doors or the reversal of mechanical 
ventilation would affect the main air currents and splits thus 
adversely impacting the ventilation system's ability to render and 
dilute concentrations of toxic gases or methane gas. Additionally, the 
installation of control doors or the reversal of mechanical ventilation 
can only be achieved by shutting down the mines main exhaust fans. Due 
to the expanse of the mine, evacuation of all personnel underground to 
the surface in ten minutes or less is not an alternative means of 
compliance with the standard.
    4. The best solution is to remove the miners in a safe manner prior 
to making any ventilation changes, that include closure or opening of 
control doors or mechanical ventilation reversal.
    5. When a fire is detected the protocol within the Emergency 
Response Plan will be followed to include evacuating the mine in a safe 
and effective manner prior to making any ventilation changes.
    6. The mine maintains two designated separate escapeways which 
provides miners with means of evacuating the mine; reducing the 
likelihood of miners having to travel through smoke or toxic gasses.
    The petitioner asserts that compliance with the existing standard 
would result in a diminution of safety to the miners at the Solvay 
Chemicals Mine.
    Docket Number: M-2015-003-M.
    Petitioner: Tata Chemicals (Soda Ash) Partners, P.O. Box 551, Green 
River, Wyoming 82935.
    Mine: Tata Chemicals Mine, MSHA I.D. No. 48-00155, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.4760(a) (Shaft mines).
    Modification Request: The petitioner requests a modification of the 
existing standard because compliance with the 30 CFR 57.4760(a) via 
installation and use of control doors at mine intake shafts will likely 
result in a dangerous and impermissible change in underground 
ventilation, thereby diminishing the safety of miners working 
underground. Additionally, compliance with 30 CFR 57.4760(a) via 
installation and use of control doors would conflict with petitioner's 
ability to comply with another mandatory safety standard for Category 
III mines, 30 CFR 57.22214.
    Petitioner is requesting relief from compliance with 30 CFR 
57.4760(a) due to the potential diminution of safety to miners from the 
changes to the mine ventilation system that would likely result from 
installing and using control doors in the event of an underground fire. 
The petitioner states that:
    1. On March 18 and 19, 2015, MSHA issued Citation Numbers 8830553, 
8830554, and 8830555 at Tata Chemicals intake shafts #6, #2, and #3 
alleging that Tata failed to provide control doors in compliance with 
30 CFR 57.4760(a). 30 CFR 57.4760(a) provides three alternative methods 
that shaft mines must follow to control the spread of fire, smoke, and 
toxic gases underground in the event of a fire: (1) Installation of 
control doors, (2) reversal of mechanical ventilation, or (3) 
implementation of effective evacuation procedures. MSHA concedes in all 
three citations that reversal of the mine's mechanical ventilation 
system is not a feasible means of compliance with 30 CFR 57.4760(a), as 
fan reversal would push methane over nonpermissible equipment.
    2. Although petitioner has an emergency evacuation plan, there is 
no feasible means of ensuring evacuation of miners working underground 
within ten minutes, as the regulation requires, due to the vast size of 
the petitioner's mine. Thus, MSHA concluded, that the petitioner must 
install control doors at its intake shafts in order to comply with 30 
CFR 57.4760(a).
    3. For the following reasons, petitioner disagrees with MSHA's 
conclusion, contends that there is no safe way of complying with the 
cited standard, and requests a variance from its application at the 
mine.
    4. Petitioner conducted an independent analysis of the impacts that 
installation and use of a single or multiple intake air shaft 
ventilation control doors would have on the integrity of the mine's 
ventilation infrastructure and on the health and safety of miners 
working underground. The analysis concluded that:
    (a) Using doors to isolate #2, #3, or #6 intake shafts constitutes 
a major air change. Changes of this magnitude will detrimentally 
influence the mine ventilation airflow balance. It would result in 
several likely scenarios that could quickly introduce return air and 
methane into the intake airways where numerous ignition sources exist.
    (b) The fans are set to operate at the intersection of the fan and 
mine pressure-volume curves.
    (c) A major air change modifies the mine curve and a new operating 
point of the fan is established.
    (d) If the fans are not shut off before the air change, the 
operating point is likely to move toward or into this stall zone which 
will lead to damage and possible destruction of the fan and/or 
ventilation structures.
    (e) The closure of control doors at intake shafts in the event of a 
fire would affect the main air currents and splits, thereby adversely 
impacting the ability of the ventilation system to dilute and render 
harmless concentrations of toxic gases or methane gas and in turn, 
endangering the health and safety of miners working underground.
    5. The Tata mine is a Category III mine, a classification that 
applies to mines ``in which noncombustible ore is extracted and which 
liberate a concentration of methane that is explosive, or is capable of 
forming explosive mixtures with air, or have the potential to do so 
based on the history of the mine or the geological area in which the 
mine is located. The concentration of methane in such mines is 
explosive or is capable of forming explosive mixtures if mixed with 
air,'' 30 CFR 57.22003(a)(3). Tata must comply with the regulations 
applicable to Category III mines, including 30 CFR 57.22214(a), which 
mandates that

[[Page 39450]]

changes in ventilation which affect the main air current or any split 
thereof and which adversely affect the safety of persons in the mine 
will only be made when the mine is idle. Petitioner states that it is 
not possible to comply with both 30 CFR 57.4760(a) and 57.22214(a) at 
the Tata mine because the closure of one or more control doors in the 
event of a fire would certainly affect the main air currents and splits 
in such a way as to endanger the safety of persons working underground. 
Under 30 CFR 57.22214(a), such a ventilation change can only be carried 
out when the mine is idled with no miners underground. Compliance with 
30 CFR 57.4760(a) via closure of a control door would not only endanger 
miners but would also be in violation of 30 CFR 57.22214(a).
    6. 30 CFR 57.4760(a) does not take into account the complexities 
involved with suddenly restricting airflow in mines that have multiple 
shafts, multiple fan installations, and methane liberation. Petitioner 
noted that Part 75, which regulates underground coal mines, does not 
have any requirements that are equivalent to 30 CFR 57.4760 
requirements for air control doors or alternative ventilation measures 
for the bottom, or near the bottom of coal mine intake shafts. The 
ventilation requirements applicable to Class III mines were 
specifically tailored to suit the conditions in a gassy trona mine like 
the Tata mine. Petitioner strongly contends that miners are already 
afforded adequate and equivalent protection via compliance with the 
fire prevention and control, and the ventilation requirements 
applicable to Class III mines. Mine rescue rules and basic ventilation 
flow principles dictate what changes in ventilation should be made in 
emergency situations, including a fire. Petitioner has a refuge and 
evacuation procedure set forth in the Mine's Emergency Response Plan. 
When a fire is detected underground, the mine's Emergency Response Plan 
is immediately implemented, and miners are trained on how to evacuate 
in a safe and swift manner depending on the location of the ignition. 
The mine maintains three designated separate escapeways which reduces 
the likelihood of miners having to travel through or past smoke or 
toxic gasses.
    The petitioner asserts that compliance with the existing standard 
results in a diminution of safety to the miners at the Tata Mine.

     Dated: July 2, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-16752 Filed 7-8-15; 8:45 am]
 BILLING CODE 4510-43-P