[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Notices]
[Pages 29881-29883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13472]
[[Page 29881]]
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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 July 25, 2019.
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: Sheila McConnell, Office of Standards,
Regulations, and Variances at 202-693-9440 (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 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-2019-016-C.
Petitioner: S & J Coal Company, 15 Road View Lane, Pine Grove,
Pennsylvania 17963.
Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1400(c) (Hoisting equipment;
general).
Modification Request: The petitioner requests a modification of the
existing standard to permit operating the gunboat used in the mine to
transport persons without safety catches or other no less effective
devices.
The petitioner states that:
(1) To date, a functional safety catch has not been developed
because no such safety catch or device is available for steeply
pitching and undulating slopes with numerous curves and knuckles
present in the main haulage slopes of anthracite mines. Makeshift
devices, if installed, could be activated on knuckles and curves when
no emergency exists causing a tumbling effect on the conveyance which
would increase rather than decrease the hazard to miners.
(2) Anthracite mine slopes range in length from 180 to 1,000 feet
and vary in pitch from 30 to 75 degrees.
(3) The petitioner proposes to operate the steel gunboat with
secondary safety connections securely fastened around the gunboat and
to the hoisting rope above the main connecting device, and use hoisting
ropes having a safety factor in excess of three (3).
The petitioner proposes the following terms and conditions:
(a) A communication signal system, audible to the hoist operator
will be installed so that it can be activated from the gunboat at any
location along the slope.
(b) The design safety factor of the hoist rope will be maintained
at all times not less than three (3) times the value specified in 30
CFR 75.1431.
(c) A detailed inspection procedure of the ropes and terminations
used at the mine will be posted in the hoist house and will be complied
with at all times.
(d) A secondary connection will be securely fastened around the
gunboat and securely fastened to the hoisting rope at a point above the
main connecting device. The secondary safety connection must meet the
safety factor requirements described in Item (b) above and be of the
same size as the primary hoist rope, properly terminated above the
primary hoist rope attachment with at least two clips on each end or
with equivalent strength chains.
(e) At least 2 feet of clearance must be maintained between the
highest part of the secondary attachment and the head sheave when the
gunboat is positioned in the full dump position.
(f) Within 60 days after the Proposed Decision and Order (PDO)
becomes final, the petitioner will submit proposed revisions for its
approved 30 CFR part 48 training plan to the District Manager. These
proposed revisions will include initial and refresher training
regarding compliance with the alternative method stated in the petition
and the special terms and conditions stated in the PDO.
The petitioner asserts that the proposed alternative method will
provide no less than the same measure of protection afforded the miners
under the existing standard.
Docket Number: M-2019-017-C.
Petitioner: Blackjewel, LLC, P.O. Box 249, Stanville, Kentucky
41659.
Mine: D-31 Cut-Through Mine, MSHA I.D. No. 44-06782, located in Lee
County, Virginia.
Regulation Affected: 30 CFR 75.1108(c) (Approved conveyor belts).
Modification Request: The petitioner requests a modification of the
existing standard to permit the continued use of existing steel cable
conveyor belt.
The petitioner states that:
--The D-31 Cut-Through mine is not an active mine and is in non-
producing status; however, it is used as a belt corridor to convey coal
mined in Kentucky to the preparation and loadout facilities in
Virginia. Therefore, no coal is being mined and there is typically only
one employee that conducts examinations.
--The mine is approximately 9,500 feet long, is in a straight line, and
has portals on each end for access.
--The mine has no belt drives, take-ups, transfer points, nor power
underground, other than the low-voltage power required for mine phones,
mine monitoring equipment, tracking, and communications.
[[Page 29882]]
--The main travelway in the mine is beside the belt so that every time
the mine is examined, the belt is examined in its entirety.
--The mine currently has carbon monoxide (CO) monitoring at 1,000 feet
spacing for fire detection.
--The mine currently has fire valves for firefighting at a maximum
spacing of 300 feet along the belt, with enough hose stored along the
belt to reach the entire length of the belt from the valves.
--There are no seals in the mine.
--The existing conveyor belt has been in service since approximately
2003 and has no incidents or issues due to the design and layout of the
belt.
--The belt is a steel cable belt with approximately 20,000 feet of belt
that is continuous using vulcanized splices with a few temporary
maintenance clips here and there., The belt has never been replaced in
its entirety since its installation.
--The petitioner states that the belt has several years of life left on
the belt.
--The belt is equipped with turnovers outside on each end of the belt,
such that no rollers contact the coal carrying dirty side of the belt
anywhere underground. The petitioner states that the design virtually
eliminates carryback and reduces significantly the risk of fire
associated with the belt. The design also minimizes wear on the
rollers.
--There is no return since there is no mining being done in the mine.
All entries are intake.
--Belt air velocity is typically greater than 100 feet per minute and
over 10,000 cubic feet per minute.
--The mines uses tracking radios, mine phones, and a dial telephone
midway for communication.
--Employees in the mine, with usually one employee working in the mine
at any time, have two means of escape on either end of the belt.
The petitioner proposes the following actions in order to continue
using the conveyor belt currently in use.
(1) Replace the belt with Part 14 compliant belt when it becomes
necessary to replace the belt.
(2) Activate a different CO sensor each day by applying 50 parts
per millions CO gas until all CO sensors are checked, then repeat.
(3) Inspect the belt and belt entry twice each shift when the belt
is running.
The petitioner states that the proposed alternative method will
provide a degree of safety that is at least equal to the requirements
of the existing standard.
Docket Number: M-2019-018-C.
Petitioner: Hartshorne Mining Group, LLC, P.O. Box 449, Calhoun,
Kentucky 42327.
Mine: Poplar Grove Mine, MSHA I.D. No. 15-19806, located in McLean
County, Kentucky.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of nonpermissible electronic surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in or inby the last open crosscut.
The petitioner states that:
(1) The alternative method of compliance will allow the mine
operator to comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, using the most practical and
accurate surveying equipment.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining requires that
accurate and precise measurements be completed in a prompt and
efficient manner.
(3) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in a safe
operating condition. The examination will include the following:
(a) Checking the instrument for any physical damage and the
integrity of the case.
(b) Removing the battery and inspecting for corrosion.
(c) Inspecting the contact points to ensure a secure connection to
the battery.
(d) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(e) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(4) The results of the examinations will be recorded and retained
for 1 year and made available to MSHA on request.
(5) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in or inby the last
open crosscut.
(6) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent for
the area being surveyed. When 1.0 percent or more methane is detected
while such equipment is being used, the equipment will be de-energized
immediately and withdrawn outby the last open crosscut.
(7) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320.
(8) Batteries in the nonpermissible electronic surveying equipment
will be changed out or charged in fresh air outby the last open
crosscut.
(9) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible electronic surveying equipment in areas where methane
may be present.
(10) The nonpermissible electronic surveying equipment will not be
put into service in or inby the last open crosscut until MSHA has
initially inspected the equipment and determined that it is in
compliance with all the terms and conditions in this petition.
The petitioner asserts 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-2019-019-C.
Petitioner: Hartshorne Mining, LLC, P.O. Box 449, Calhoun, Kentucky
42327.
Mine: Poplar Grove Mine, MSHA I.D. No. 15-19806, located in McLean
County, Kentucky.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
allow the use of nonpermissible electronic surveying equipment
including, but not limited to, portable battery-operated mine transits,
total station surveying equipment, distance meters, and data loggers,
in return airways.
The petitioner states that:
(1) The alternative method of compliance will allow the mine
operator to comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, using the most practical and
accurate surveying equipment.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining requires that
accurate and precise measurements be completed in a prompt and
efficient manner.
[[Page 29883]]
(3) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in a safe operating condition.
The examination will include the following:
(a) Checking the instrument for any physical damage and the
integrity of the case.
(b) Removing the battery and inspecting for corrosion.
(c) Inspecting the contact points to ensure a secure connection to
the battery.
(d) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(e) Checking the battery compartment cover or battery attachment to
ensure that it is securely fastened.
(4) The results of the examinations will be recorded and retained
for 1 year and made available to MSHA on request.
(5) A qualified person, as defined in 30 CFR 75.151, will
continuously monitor for methane immediately before and during the use
of nonpermissible electronic surveying equipment in return airways.
(6) Nonpermissible electronic surveying equipment will not be used
if methane is detected in concentrations at or above 1.0 percent for
the area being surveyed. When 1.0 percent or more methane is detected
while such equipment is being used, the equipment will be de-energized
immediately and withdrawn out of the return airway.
(7) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition, as defined in
30 CFR 75.320.
(8) Batteries in the nonpermissible electronic surveying equipment
will be changed out or charged in fresh air out of the return airway.
(9) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible electronic surveying equipment in areas where methane
may be present.
(10) The nonpermissible electronic surveying equipment will not be
put into service in the return airway until MSHA has initially
inspected the equipment and determined that it is in compliance with
all the terms and conditions in this petition.
The petitioner asserts 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. 2019-13472 Filed 6-24-19; 8:45 am]
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