[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Notices]
[Pages 60047-60051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27120]


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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: 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 MSHA's Office 
of Standards, Regulations, and Variances on or before January 17, 2018.

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, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition 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: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
Part 44 govern the application, processing, and disposition of 
petitions for modification.

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

[[Page 60048]]

other mine if the Secretary of Labor (Secretary) 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-2017-003-M.
    Petitioner: Klondex Midas Operations, Inc., 13330 California 
Street, Suite 200, Omaha, Nebraska 68154.
    Mine: Midas Mine, MSHA I.D. No. 26-02314, located in Elko County, 
Nevada.
    Regulation Affected: 30 CFR 57.18025 (Working alone).
    Modification Request: The petitioner requests a modification of 30 
CFR 57.18025, (Working Alone standard) to the routine operation of 
jackleg drills at petitioner's Midas Mine.
    For the reasons described below, the petitioner requests a 
modification of the application of the Working Alone standard to the 
extent that MSHA will permit jackleg drill operators to work alone so 
long as they do not encounter hazardous conditions above and beyond 
routine mining conditions. In addition, because MSHA's inconsistent 
application of the Working Alone standard to the petitioner's mines 
results in a diminution of safety, the petitioner requests that MSHA 
grant a modification from the Working Alone standard to allow miners to 
conduct routine jackleg drilling operations independently as they have 
in the past. Alternatively, the petitioner requests a modification of 
the Working Alone standard to accept the petitioner's proposed safety 
practices, described below, as an alternative and equally protective 
method of achieving the same result as the standard.
    The petitioner states that:
    (1) The petitioner owns and operates the Midas Mine, an underground 
narrow vein gold mine in Elko County, Nevada. It began operating Midas 
in early 2014. The petitioner owns and operates the Fire Creek Mine, an 
underground narrow vein gold mine in Lander County, Nevada. Both 
companies' ultimate corporate parent is Klondex Mines Ltd.
    Generally, the mining cycle at both mines involves a miner drilling 
holes in the face, loading those holes with explosives, blasting, 
mucking out the debris from the blasting, bolting the roof, and 
repeating the cycle by drilling holes again, this time in a face that 
is a few feet farther into the heading. For short periods of time 
during this cycle, the miner uses a jackleg drill for drilling holes in 
the face and to bolt the roof.
    (2) The petitioner states that jackleg drills are a routine mining 
tool used safely every day. A jackleg drill is a widely-used portable 
rock drill designed for one-person operations. The single leg rests on 
the ground, secured into the mine floor with a ``claw foot'' that digs 
into the leveled floor. For drilling, it uses a long, smooth drill 
steel with a drill bit attached at the end. Compressed air powers the 
rotation and percussion of the drill steel and the up-and-down movement 
to extend or retract the pneumatic leg. A miner opens a throttle valve 
on the drill's main body to allow air to flow into the machine. The air 
not only drives the machine's operation but also flows through the 
steel and bit to prevent the bit from clogging with rock and dirt.
    There is a safe and proper way to maintain and handle a jackleg 
drill. An experienced jackleg drill operator handles the drill in a way 
that requires less effort and poses little risk of serious injury. 
Experienced miners rarely pinch their fingers in the hinge where the 
drill's body meets its leg and do not wear loose clothing that could 
catch in moving parts. Proper drill positioning, examinations of ground 
conditions, and scaling prevent hazardous ground from falling when 
drilling up into the roof to bolt. Jackleg drills have been used daily 
in many mines for decades. The petitioner trains its miners to operate 
jackleg drills safely and ensures its miners utilize the proper 
personal protective equipment (PPE) during all steps of the mining 
process.
    (3) During a typical shift, miners use jackleg drills for short 
periods of time and are in frequent contact with others. Miners at the 
Klondex mines typically work 12-hour shifts. The first hour is 
typically spent attending a supervisor-led safety meeting where miners 
receive their crew assignments and work area assignments, and travel to 
the faces where they will work. The miners will typically stop mining 
and leave the work area to travel back to the surface 30 to 60 minutes 
before their shifts are complete. Consequently, a miner will generally 
spend only 10 to 10\1/2\ hours of his or her shift actually performing 
mining work. Some of the miner's time is also spent away from the 
working face, to travel to the main heading or supply areas for 
supplies, to take periodic breaks, to offer assistance to others, or to 
eat lunch.
    During his or her shift, a single miner will typically complete 
approximately one to two full mining cycles, depending on the amount of 
assistance the miner receives from others, as well as the conditions 
encountered during mining. Each shift hands off to the next shift; the 
miner will begin work starting at whatever point in the cycle the 
previous crew stopped.
    While miners often work independently, they are rarely alone for 
long. Throughout a shift, various people will visit a miner at the face 
multiple times. For example, the crew supervisor (``foreman'' or 
``shifter'') is tasked with visiting each miner at least twice per 
shift and sometimes visits more often. While there, the supervisor 
reviews and signs the miner's workplace examination card. Geologists 
also usually visit each heading at least once per shift, typically to 
take samples for assay and to paint the face before each round of 
blasting. Other miners, and sometimes the supervisor, may also stop by 
regularly to deliver bolting, blasting, and other supplies, as well as 
to muck out nearby muck bays.
    (4) The petitioner has safety and training policies in place to 
ensure that miners approach potential hazards and handle equipment, 
such as drills, safely. Employees must follow petitioner's Employee 
Health and Safety Manual's requirements to protect against injuries 
while mining. For instance, miners must wear PPE equipment while 
operating a jackleg drill and may not wear loose, baggy, or ragged 
clothing. They must also keep their work areas neat and clean.
    Furthermore, miners must evaluate their work area for hazards 
before they begin each task. When miners encounter a hazard, they must 
stop work, identify how to address or correct the hazard, report the 
hazard, and come up with a plan to address the hazard safely. Such a 
plan will require increased contact with others that is commensurate 
with the hazard or, if necessary, ceasing work in the area. Supervisors 
observe a miner's work area at least once daily and fill out a five-
point safety card with each miner. This procedure further ensures that 
potential hazards are identified.
    The petitioner's robust safety program also deals with all facets 
of operating jackleg drills and working alone. All miners must complete 
training and demonstrate core competencies before they operate a 
jackleg drill. Miners also receive annual refresher training, which 
includes topics relevant to drilling, such as keeping workplaces neat 
and orderly,

[[Page 60049]]

performing workplace examinations, drilling with secure footing, 
recognizing and addressing potentially hazardous ground conditions, 
avoiding pinch points, and responding to hazardous conditions.
    (5) The petitioner states that the current communications with 
miners operating the jackleg drills fully comply with the standard.
    The petitioner states that at its mines, a miner operates a jackleg 
drill for less than 33 percent of the miners' total shift time and that 
the miner has regular contact with others throughout the shift. Indeed, 
multiple individuals--supervisors, geologists, and fellow miners--visit 
the miner at the face, and the miner sees others when leaving the face 
multiple times each shift. The miner has further contact via mine 
phones and radios multiple times throughout the shift.
    As stated above, miners are in regular contact with others 
throughout the mining cycle. Consequently, MSHA should modify the 
application of the Working Alone standard so that the petitioner`s 
current level of communications easily meets the rule's legal standard, 
and miners may continue to work independently.
    (6) The petitioner states that MSHA's requirement that miners use a 
jackleg drill in pairs results in a diminution of safety. It has been 
common practice within the mining industry for jackleg drill operators 
to work alone if there are not hazardous conditions present. The 
petitioner states however, that working in pairs reduces safety because 
the drill operator now not only must worry about handling and operating 
the drill safely for his own welfare, but must also worry about the 
whereabouts and exposure of the second person working with the drill 
operator.
    (7) The jackleg drill is designed for one person to operate the 
machine. It is primarily intended for use where the size and 
configuration of the ore body or the mining method do not permit large 
openings to be mined with heavier mechanized equipment. Both the 
petitioner's mines use jackleg drills precisely because of the 
relatively small size of the mining face. By requiring the introduction 
of another person into a small area during drill operation (as opposed 
to other purposes, such as bringing supplies or checking geology), the 
field operations becomes more crowded and complicated and the chance of 
injury necessarily increases, particularly because the second person is 
not in control of the drill. This is not unique to jackleg drills; it 
is a danger inherent any time the number of people increases in a small 
area working around mechanized equipment.
    However, there may be circumstances under which a second person in 
the area could be helpful or, perhaps, even improve safety. The 
petitioner states that both the Working Alone standard, and the 
petitioner's safety protocols, account for such situations at 
petitioner's mines, if jackleg drill operators encounter hazardous 
conditions, they must seek assistance from their supervisors or a 
fellow miner and communicate in a manner that is commensurate with the 
hazard as the Working Alone standard requires. However, the petitioner 
states that MSHA's own data demonstrates that by requiring mines to 
``pair up'' and work within a certain distance of each other no matter 
the circumstances, increases the safety risks to other miners.
    The petitioner requests that MSHA grant a modification from the 
Working Alone standard to allow miners to conduct routine jackleg 
drilling operations independently as they have in the past because 
MSHA's application of the Working Alone standard to the petitioner's 
mines is actually less safe.
    (8) In the alternative, the petitioner seeks modification of the 
Working Alone standard to permit miners working alone as long as they 
follow a new communications policy that will help achieve the same 
result as the standard intends with the same or better protection. The 
petitioner seeks a modification of the standard that would permit 
underground miners to work alone, including operating jackleg drills, 
so long as the miners notifies a dispatcher or other designated contact 
person before beginning each stage of the mining cycle.
    The petitioner states that its proposed alternative is at least as 
safe as the Working Alone standard. By requiring its miners to report 
in to a dispatcher or other designated contact at the beginning of each 
of the four stages of the mining cycle, such a protocol adds yet one 
more layer of communication and regular, dependable contact between the 
miner and others. Combined with the regular visits each underground 
miner receives from other miners, geologists, and his or her supervisor 
throughout a shift, as well as the miner's own travels away from the 
face to access supplies and equipment, such an approach reinforces that 
miners performing routing mining activity are adequately protected.
    (9) The petitioner asserts that application of the 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.
    Docket Number: M-2017-004-M.
    Petitioner: Klondex Gold and Silver Mining Company, 13330 
California Street, Suite 200, Omaha, Nebraska 68154.
    Mine: Fire Creek Mine, MSHA I.D. No. 26-02691, located in Lander 
County, Nevada.
    Regulation Affected: 30 CFR 57.18025 (Working alone).
    Modification Request: The petitioner requests a modification of 30 
CFR 57.18025, (Working Alone standard) to the routine operation of 
jackleg drills at petitioner's Fire Creek Mine.
    For the reasons described below, the petitioner requests a 
modification of the application of the Working Alone standard to the 
extent that MSHA will permit jackleg drill operators to work alone so 
long as they do not encounter hazardous conditions above and beyond 
routine mining conditions. In addition, because MSHA's inconsistent 
application of the Working Alone standard to the petitioner's mines 
results in a diminution of safety, the petitioner requests that MSHA 
grant a modification from the Working Alone standard to allow miners to 
conduct routine jackleg drilling operations independently as they have 
in the past. Alternatively, the petitioner requests a modification of 
the Working Alone standard to accept the petitioner's proposed safety 
practices, described below, as an alternative and equally protective 
method of achieving the same result as the standard.
    The petitioner states that:
    (1) The petitioner owns and operates the Midas Mine, an underground 
narrow vein gold mine in Elko County, Nevada. It began operating Midas 
in early 2014. The petitioner owns and operates the Fire Creek Mine, an 
underground narrow vein gold mine in Lander County, Nevada. Both 
companies' ultimate corporate parent is Klondex Mines Ltd.
    Generally, the mining cycle at both mines involves a miner drilling 
holes in the face, loading those holes with explosives, blasting, 
mucking out the debris from the blasting, bolting the roof, and 
repeating the cycle by drilling holes again, this time in a face that 
is a few feet farther into the heading. For short periods of time 
during this cycle, the miner uses a jackleg drill for drilling holes in 
the face and to bolt the roof.
    (2) The petitioner states that jackleg drills are a routine mining 
tool used safely every day. A jackleg drill is a widely-used portable 
rock drill designed for one-person operations. The single leg rests on 
the ground, secured into the

[[Page 60050]]

mine floor with a ``claw foot'' that digs into the leveled floor. For 
drilling, it uses a long, smooth drill steel with a drill bit attached 
at the end. Compressed air powers the rotation and percussion of the 
drill steel and the up-and-down movement to extend or retract the 
pneumatic leg. A miner opens a throttle valve on the drill's main body 
to allow air to flow into the machine. The air not only drives the 
machine's operation but also flows through the steel and bit to prevent 
the bit from clogging with rock and dirt.
    There is a safe and proper way to maintain and handle a jackleg 
drill. An experienced jackleg drill operator handles the drill in a way 
that requires less effort and poses little risk of serious injury. 
Experienced miners rarely pinch their fingers in the hinge where the 
drill's body meets its leg and do not wear loose clothing that could 
catch in moving parts. Proper drill positioning, examinations of ground 
conditions, and scaling prevent hazardous ground from falling when 
drilling up into the roof to bolt. Jackleg drills have been used daily 
in many mines for decades. The petitioner trains its miners to operate 
jackleg drills safely and ensures its miners utilize the proper 
personal protective equipment (PPE) during all steps of the mining 
process.
    (3) During a typical shift, miners use jackleg drills for short 
periods of time and are in frequent contact with others. Miners at the 
Klondex mines typically work 12-hour shifts. The first hour is 
typically spent attending a supervisor-led safety meeting where miners 
receive their crew assignments and work area assignments, and travel to 
the faces where they will work. The miners will typically stop mining 
and leave the work area to travel back to the surface 30 to 60 minutes 
before their shifts are complete. Consequently, a miner will generally 
spend only 10 to 10\1/2\ hours of his or her shift actually performing 
mining work. Some of the miner's time is also spent away from the 
working face, to travel to the main heading or supply areas for 
supplies, to take periodic breaks, to offer assistance to others, or to 
eat lunch.
    During his or her shift, a single miner will typically complete 
approximately one to two full mining cycles, depending on the amount of 
assistance the miner receives from others, as well as the conditions 
encountered during mining. Each shift hands off to the next shift; the 
miner will begin work starting at whatever point in the cycle the 
previous crew stopped.
    While miners often work independently, they are rarely alone for 
long. Throughout a shift, various people will visit a miner at the face 
multiple times. For example, the crew supervisor (``foreman'' or 
``shifter'') is tasked with visiting each miner at least twice per 
shift and sometimes visits more often. While there, the supervisor 
reviews and signs the miner's workplace examination card. Geologists 
also usually visit each heading at least once per shift, typically to 
take samples for assay and to paint the face before each round of 
blasting. Other miners, and sometimes the supervisor, may also stop by 
regularly to deliver bolting, blasting, and other supplies, as well as 
to muck out nearby muck bays.
    (4) The petitioner has safety and training policies in place to 
ensure that miners approach potential hazards and handle equipment, 
such as drills, safely. Employees must follow petitioner's Employee 
Health and Safety Manual's requirements to protect against injuries 
while mining. For instance, miners must wear PPE equipment while 
operating a jackleg drill and may not wear loose, baggy, or ragged 
clothing. They must also keep their work areas neat and clean.
    Furthermore, miners must evaluate their work area for hazards 
before they begin each task. When miners encounter a hazard, they must 
stop work, identify how to address or correct the hazard, report the 
hazard, and come up with a plan to address the hazard safely. Such a 
plan will require increased contact with others that is commensurate 
with the hazard or, if necessary, ceasing work in the area. Supervisors 
observe a miner's work area at least once daily and fill out a five-
point safety card with each miner. This procedure further ensures that 
potential hazards are identified.
    The petitioner's robust safety program also deals with all facets 
of operating jackleg drills and working alone. All miners must complete 
training and demonstrate core competencies before they operate a 
jackleg drill. Miners also receive annual refresher training, which 
includes topics relevant to drilling, such as keeping workplaces neat 
and orderly, performing workplace examinations, drilling with secure 
footing, recognizing and addressing potentially hazardous ground 
conditions, avoiding pinch points, and responding to hazardous 
conditions.
    (5) The petitioner states that the current communications with 
miners operating the jackleg drills fully comply with the standard.
    The petitioner states that at its mines, a miner operates a jackleg 
drill for less than 33 percent of the miners' total shift time and that 
the miner has regular contact with others throughout the shift. Indeed, 
multiple individuals--supervisors, geologists, and fellow miners--visit 
the miner at the face, and the miner sees others when leaving the face 
multiple times each shift. The miner has further contact via mine 
phones and radios multiple times throughout the shift.
    As stated above, miners are in regular contact with others 
throughout the mining cycle. Consequently, MSHA should modify the 
application of the Working Alone standard so that the petitioner's 
current level of communications easily meets the rule's legal standard, 
and miners may continue to work independently.
    (6) The petitioner states that MSHA's requirement that miners use a 
jackleg drill in pairs results in a diminution of safety. It has been 
common practice within the mining industry for jackleg drill operators 
to work alone if there are not hazardous conditions present. The 
petitioner states however, that working in pairs reduces safety because 
the drill operator now not only must worry about handling and operating 
the drill safely for his own welfare, but must also worry about the 
whereabouts and exposure of the second person working with the drill 
operator.
    (7) The jackleg drill is designed for one person to operate the 
machine. It is primarily intended for use where the size and 
configuration of the ore body or the mining method do not permit large 
openings to be mined with heavier mechanized equipment. Both the 
petitioner's mines use jackleg drills precisely because of the 
relatively small size of the mining face. By requiring the introduction 
of another person into a small area during drill operation (as opposed 
to other purposes, such as bringing supplies or checking geology), the 
field operations becomes more crowded and complicated and the chance of 
injury necessarily increases, particularly because the second person is 
not in control of the drill. This is not unique to jackleg drills; it 
is a danger inherent any time the number of people increases in a small 
area working around mechanized equipment.
    However, there may be circumstances under which a second person in 
the area could be helpful or, perhaps, even improve safety. The 
petitioner states that both the Working Alone standard, and the 
petitioner's safety protocols, account for such situations at 
petitioner's mines, if jackleg drill operators encounter hazardous 
conditions, they must seek assistance from their supervisors or a 
fellow miner and communicate in a manner that is commensurate with the 
hazard as the Working Alone standard requires.

[[Page 60051]]

However, the petitioner states that MSHA's own data demonstrates that 
by requiring mines to ``pair up'' and work within a certain distance of 
each other no matter the circumstances, increases the safety risks to 
other miners.
    The petitioner requests that MSHA grant a modification from the 
Working Alone standard to allow miners to conduct routine jackleg 
drilling operations independently as they have in the past because 
MSHA's application of the Working Alone standard to the petitioner's 
mines is actually less safe.
    (8) In the alternative, the petitioner seeks modification of the 
Working Alone standard to permit miners working alone as long as they 
follow a new communications policy that will help achieve the same 
result as the standard intends with the same or better protection. The 
petitioner seeks a modification of the standard that would permit 
underground miners to work alone, including operating jackleg drills, 
so long as the miners notifies a dispatcher or other designated contact 
person before beginning each stage of the mining cycle.
    The petitioner states that its proposed alternative is at least as 
safe as the Working Alone standard. By requiring its miners to report 
in to a dispatcher or other designated contact at the beginning of each 
of the four stages of the mining cycle, such a protocol adds yet one 
more layer of communication and regular, dependable contact between the 
miner and others. Combined with the regular visits each underground 
miner receives from other miners, geologists, and his or her supervisor 
throughout a shift, as well as the miner's own travels away from the 
face to access supplies and equipment, such an approach reinforces that 
miners performing routing mining activity are adequately protected.
    (9) The petitioner asserts that application of the 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.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-27120 Filed 12-15-17; 8:45 am]
 BILLING CODE 4520-43-P