[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7779-7780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03555]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
parties listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before March 26, 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,

[[Page 7780]]

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 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. Petition for Modification

    Docket Number: M-2018-002-M.
    Petitioner: Central Plains Cement Company, 1801 Wewatta Street, 
Suite 1000, Denver, Colorado 80202.
    Mine: Sugar Creek Mine, MSHA I.D. No. 23-02171, located in Jackson 
County, Missouri.
    Regulation Affected: 30 CFR 49.6(a)(1) (Equipment and maintenance 
requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maintenance of a minimum of six 
approved self-contained breathing apparatus at its mine rescue station 
in lieu of twelve self-contained breathing apparatus. The petitioner 
proposes to maintain a mine rescue station with a minimum of six 
approved self-contained breathing apparatus and all equipment 
identified in 30 CFR 49.6(a)(2) through (a)(9). This station would 
contain sufficient equipment to equip one mine rescue team.
    The petitioner states that:
    (1) Central Plains Cement is the operator of the Sugar Creek Mine, 
and controlled by Eagle Materials, Inc.
    (2) Sugar Creek is an underground limestone mine, located at 2200 
N. Courtney Road, Sugar Creek, Missouri 64050, in Jackson County, 
Missouri, Mine I.D. No. 23-02171. The active workings are accessed from 
the surface via a 700 foot vertical shaft. Sugar Creek is a room and 
pillar mine with multiple openings to active milling areas. (3) The 
petitioner has established a single mine rescue team for Sugar Creek. 
The mine rescue team consists of eight qualified and trained members.
    (4) The petitioner has entered into an agreement with Martin 
Marietta Kansas City, LLC (``Martin Marietta'') whereby Martin Marietta 
agrees to provide mine rescue services by the Martin Marietta 
Materials, Kansas City Mine Rescue team as needed to Sugar Creek. 
Similarly, petitioner has agreed to provide rescue services by the 
Sugar Creek mine rescue team as needed to three Martin Marietta 
locations.
    (5) The Sugar Creek mine rescue team will provide services to the 
Martin Marietta's Randolph Deep Mine (Randolph) located at 401 Randolph 
Road, Randolph, Missouri 64161, in Clay County, Missouri, Mine I.D. No. 
23-02308; The Stamper Underground Mine (Stamper) is an underground 
limestone mine, located at 13500 Interurban Road, Kansas City, Missouri 
64163, in Platte County, Missouri, Mine I.D. No. 23-02232; and its 
Parkville Quarry (Parkville) is an underground limestone mine, is 
located at 7600 NW 9 Hwy., Parkville, Missouri 64152, in Platte County, 
Missouri, Mine I.D. No. 23-01883.
    (6) On January 2, 2018, Martin Marietta filed a Petition for 
Modification seeking approval for the identical modification of 30 CFR 
49.6(a)(1) requested herein.
    (7) The petitioner has a mine rescue station located at Sugar 
Creek. Prior to December 20, 2017, the Sugar Creek mine rescue station 
and Martin Marietta's Mine rescue station at Randolph each contained 
equipment sufficient only to supply one mine rescue team. As of 
December 20, 2018, Martin Marietta relocated certain mine rescue team 
equipment, including six self-contained breathing apparatus, gas 
monitors, cap lamps, and oxygen bottles, to the Sugar Creek mine rescue 
station to ensure that the combined mine rescue station at Sugar Creek 
is in compliance with 30 CFR 49.6(a). However, if MSHA grants the 
relief sought by this petition, Martin Marietta intends to return that 
mine rescue team equipment to Randolph.
    (8) The proposed modification would provide at least the same 
measure of safety contemplated by the standard. Pursuant to the mine 
rescue services arrangement between Martin Marietta and petitioner, 
there will always be two mine rescue teams available whenever miners 
are underground and a minimum of twelve approved self-contained 
breathing apparatus available for a mine emergency. Both Stamper and 
Parkville are within thirty minutes or less of ground travel time from 
Randolph, and Randolph is located within fifteen minutes of ground 
travel time from Sugar Creek. When maintained in the individual mine 
rescue stations as petitioned for, the self-contained breathing 
apparatus could be used immediately or transported to another mine 
within a maximum forty-five minutes ground travel time.
    (9) The petitioner seeks an alternative method of compliance with 
30 CFR 49.6(a)(1) and proposes the following for the Sugar Creek mine 
rescue station:
    (a) Self-Contained Breathing Apparatus: The mine rescue station 
will be equipped with a minimum of six self-contained breathing 
apparatus, each with a minimum of four hours capacity (approved by MSHA 
and NIOSH under 42 CFR part 84, subpart H), and any necessary equipment 
for testing such apparatus.
    (b) The petitioner will maintain a mine rescue station provided 
with all equipment identified in 30 CFR 49.6(a)(2) through (a)(9).
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-03555 Filed 2-21-18; 8:45 am]
BILLING CODE 4520-43-P