[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Notices]
[Pages 55181-55182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22420]


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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 November 14, 
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

[[Page 55182]]

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-2019-053-C.
    Petitioner: Wolf Run Mining LLC, Sentinel Complex, 21550 Barbour 
County Hwy., Philippi, WV 26416.
    Mines: Sentinel Mine, MSHA I.D. No. 46-04168, located in Barbour 
County, WV.
    Regulation Affected: 30 CFR 75.336(a)(1)(i) (Sampling and 
monitoring requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard that requires sealed areas with less than 120-psi 
seal strength constructed before October 20, 2008, must be monitored, 
whether ingassing or outgassing, for methane and oxygen concentrations 
and the direction of leakage at least every 24 hours.
    The petitioner states that:
    (1) The ventilation seals in place at the mine that are the subject 
of this petition meet or exceed the strength requirements of 30 CFR 
75.335(a)(2)(i) for 120-psi rated seals and that all evaluations have 
been made to conclude that this seal type, rating, and construction are 
suitable for the mine conditions where the ventilation seals are 
installed.
    (2) The existing seals in the mine between the Lower Kittanning and 
Clarion workings were constructed during a moratorium on seal 
construction between 2006 and 2008. To comply with MSHA standards and 
anticipating future standards requiring stronger seals, seals were 
proposed and designed by the operator and approved by MSHA in the 
operator's ventilation plan. The installed seals were Mitchell-Barrett 
seals that were enhanced to increase the strength of the structures. 
These are referred to as Super-Mitchell seals. At least one of the 
forms for the concrete plug seal was a Super-Mitchell seal where these 
seals were installed.
    (3) The Super-Mitchell seals were installed in the approach to the 
return and intake shafts between the Lower Kittanning and Clarion 
workings. After the seals were finished and the shafts had been 
excavated, the space between the Super-Mitchell seals and the shaft 
wall inside diameter was filled with a reinforced concrete structure, a 
concrete plug seal, as part of the shaft concrete lining process. This 
concrete plug seal provided a second continuous seal structure which is 
nearly identical to the MSHA-approved seal design, Approval Number 
120M-03.0 and the plug seal formula from the NIOSH IC 9500, ``Explosion 
Pressure Design Criteria for New Seals in U.S. Coal Mines.''
    (4) The openings in the Lower Kittanning seam were sealed with 
Super-Mitchell seals and the concrete plug seal. In consultation with 
MSHA, the operator designated one seal at the turnout as the lowest 
seal in the set and that seal was outfitted with a water trap and 
sample pipe. The mine has an approved UIC permit which requires 
monitoring and control of the water levels in the sealed workings.
    (5) Under the current standards, these seals are treated as 50-psi 
seals.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The eleven seals separating the Lower Kittanning and Clarion 
workings have a strength of at least the 120-psi seal required by the 
standard and should be treated as 120-psi seals under the current 
standards.
    (b) Documentation of the seals' design and construction are 
available at the mine.
    The petitioner asserts that the alternative method will guarantee 
no less than the same measure of protection for all miners than that of 
the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-22420 Filed 10-11-19; 8:45 am]
BILLING CODE 4520-43-P