[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Pages 6223-6225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02117]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 5, 2020.

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: Roslyn B. Fontaine, Deputy 
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: Roslyn B. Fontaine, 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. 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 for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2020-001-C.
    Petitioner: Warrior Met Coal Mining, LLC.
    Mines: Mine No. 4, MSHA I.D. No. 01-01247 and Mine No. 7, MSHA I.D. 
No. 01-01401, located in Tuscaloosa County, AL.
    Regulation Affected: 30 CFR 75.1911 (Fire suppression systems for 
diesel-powered equipment and fuel transportation units).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow use of a water-based chemical fire 
suppression system (instead of a dry chemical system) and a fire 
monitoring system. The petitioner proposes to use the Fogmaker High-
Pressure Water Mist Fire Suppression System (``Fogmaker System'') 
manufactured by Fogmaker International AB for a variety of diesel 
equipment including track locomotives, track personnel carriers, outby 
forklifts, and outby shield haulers.
    The petitioner states that:
    (1) The two listed mines are both longwall mines that are 
geographically close, and use similar mining methods and equipment.
    (2) Both mines operate in the Blue Creek coal seam located in 
Tuscaloosa County, Alabama, to produce coal.
    The petitioner asserts that a water-based fire suppression system 
is to be used because it is as effective as a dry chemical system. In 
support of this view, the petitioner notes that the Fogmaker System has 
been certified by the Underwriters Laboratories (UL) and Factory Mutual 
(FM) standards. It has also received the following approvals: P-Mark 
SPCR 183, SP Test Method 4912--SP Technical Research Institute of 
Sweden; American Public Transportation Association Compliant (APTA-BTS-
BS-RP-003, APTA BTS-BS-RP-001-05); US Department of Transportation 
Compliant (DOT 3AL 2216/DOT 173.306(f)); Transport Canada, Certificate 
#11140; AS5062, Australian Certification for Fire Suppression System on 
Transportable Machinery.
    The petitioner asserts that the Fogmaker System meets all of the 
requirements specified under 30 CFR 75.1911, as follow:
    (a) As an alternative to 30 CFR 75.1911(a), the water-based fire 
suppression Fogmaker System will be: (1) Engineered and installed to 
end fires at an early stage; (2) approved by an independent laboratory, 
using strict testing standards; (3) able to meet engineering, 
construction, and operational requirements to cover water-based 
automatic extinguisher units made for total flooding applications; and 
(4) tested for its capability to detect and suppress fires, and monitor 
operational systems. The Fogmaker System is made up of: Piston 
accumulator(s), release valve, connector for detection tube, detection 
bottle, safety valve, outlet for suppression fluid with protective 
plug, refilling connection for suppression fluid, bracket, clamp, 
gauge, safety screw, and 2G approved or braided stainless hoses.
    (b) The Fogmaker System will achieve at least the same measure of 
protection afforded to the miners by mandatory standard 30 CFR 75.1911. 
The Fogmaker System meets the mandatory standard in the following 
manner: (1) The system

[[Page 6224]]

creates cold-water fog that cools down the temperature and reduces the 
oxygen content, the effectiveness increases when fluid is vaporized due 
to contact with heated surfaces; (2) The piston accumulator and 
detection bottle are positioned in protective containers and in such a 
way so as to prevent damage; (3) The piston accumulator containing an 
Aqueous Film-Forming Foam Concentrate (AFFF) agent is pressurized with 
nitrogen to approximately 938 psi and then drops slowly to 218 psi when 
activated (pressure is maintained to ensure the entire contents are 
discharged); (4) The fire suppression fluid is based on frost-protected 
water additives of a film-forming AFFF chemical that prevents the re-
ignition of leaking fuel and improve suppression methods; (5) An 
engineering and safety risk assessment will determine the size of the 
piston accumulator, the lengths of houses and stainless tubes, and the 
number of nozzles; (6) The chemical is discharged through nozzles, 
atomizing the water to approximately 80 [micro]m under high-pressure to 
blanket the fire, fuel source, and to prevent other fires from 
occurring; (7) The release valve is a hydro pneumatic, fully automotive 
valve, activated by fire detection.
    (c) As an alternative to 30 CFR 75.1911(a)(1), the Fogmaker System 
will be engineered for the diesel equipment that it will be installed 
in. The systems will be specifically designed to follow the engine 
components as required by 30 CFR 75.1911(b): Starter, hydraulic pumps 
and tanks, fuel tanks, and exposed brake units, air compressors, and 
battery areas. The Fogmaker System will comply with component 
specifications identified in the FM 5970 required standard to apply a 
total flooding approach. In addition, an engineering and safety risk 
assessment will be completed for each piece of diesel-powered 
equipment, prior to installation and deployment; this assessment will 
determine, for example, the protected volume required, the volume of 
the suppressant and size of the piston accumulator, the number and 
location of nozzles, and stainless tube lengths.
    (d) As an alternative to 30 CFR 75.1911(a)(2), the following four 
components will be be installed according to the FM-approved 
installation manual--piston accumulator, detection cylinder, detection 
tube, and distribution tubing. For example, the piston accumulator and 
protection container will be installed to ensure a minimum of 6 inches 
of clearance at the end of the container so that there is enough space 
for approved hoses, braided stainless hoses, or any other approved 
cables/hoses.
    (e) As an alternative to 30 CFR 75.1911(a)(3), the petitioner will 
use detailed instructions in the FM-approved installation manual to 
install the correct type and length of detection tubing and stainless 
distribution tubing for the distribution assembly. The instructions 
dictate the type and length of approved or braided stainless hoses, 
stainless tubing, the maximum distance between mounting points, the 
minimum bend radius, and other requirements to ensure the proper and 
secure mounting of hoses and tubing.
    (f) As an alternative to 30 CFR 75.1911(a)(4), the petitioner will 
take into account the direct hazard and volume filling needs for total 
flooding in determining proper locations of nozzles. The design of the 
equipment specific instillation will be based on these engineering and 
safety assessments. The total flooding calculation will address the 
engine compartment, and other related and specific components that are 
covered by the FM standard.
    (g) As an alternative to 30 CFR 75.1911(b), the Fogmaker System 
will address the requirements that are dictated by the FM 5970 
standard. The Fogmaker System will utilize a total flooding analysis to 
determine the required volume of suppressant needed for the engine 
compartment and associated components, components required by the 
standard, the number of nozzles, and the minimum discharge time. A 
worksheet will be completed to determine the total flooding application 
of the engine compartment and specific components to determine: (1) The 
protected volume, (2) the piston accumulator volume, (3) the required 
quantity and position of the nozzles, and (4) the discharge time. For 
the Brookeville locomotive, the petitioner will (1) determine that the 
hazardous area in question is at least 75% enclosed before calculating 
the protected volume; (2) take into account that the estimated 
protected volume is 3m\3\ and is estimated to be at least 75% enclosed, 
which means a 6.0L piston accumulator meets the FM 5970 suppressant 
standard; (3) give consideration to local applications of the nozzles; 
(4) note that 14 nozzles can be deployed for this application. The 
Fogmaker System uses a hydropneumatics detection system for automatic 
fire detection. The system will be activated by a lowering of pressure 
in the pressurized tubing, which is connected to the piston accumulator 
valve. The pressure inside the piston accumulator will engage a piston 
against an arm that holds a smaller piston in place to prevent the 
release of the suppressant. When a fire releases heat, the tubing is 
weakened, which allows the pressurized fluid to be released the loss of 
pressure opens the pathway and engages the suppressant.
    (h) As an alternative to 30 CFR 75.1911(c), the Fogmaker System 
will have audio and visual alarms, which comply with the mandatory 
standard.
    (i) As an alternative to 30 CFR 75.1911(d), the Fogmaker System 
will have the capability to cause a shutdown delay. The factory setting 
is 15 seconds but this can be changed. But the petitioner will have the 
Fogmaker System activated immediately with no delay in engine shutdown.
    (j) As an alternative to 30 CFR 75.1911(e), the Fogmaker System 
will have the capability to install manual actuators. The petitioner 
will ensure that one will be located in the operator compartment and 
the other on the offside of the equipment.
    (k) As an alternative to 30 CFR 75.1911(f), the Fogmaker System 
will remain operational for detection and activation due to the 
suppression system's mechanical nature. Additionally, the two manual 
systems are always operational and will have a battery backup that 
lasts at least 4 hours, in addition to being tied into the equipment's 
diesel battery.
    (l) As an alternative to 30 CFR 75.1911(g), the Fogmaker System is 
currently designed for outby mobile diesel equipment.
    (m) 30 CFR 75.1911(h) does not apply to the Fogmaker System because 
it is not electrically operated.
    (n) As an alternative to 30 CFR 75.1911(i), the Fogmaker System 
will require a Final Installation Inspection Checklist, which requires 
daily inspection confirming that the piston accumulator is charged. 
Such an inspection is done by verifying that the indicator for the 
pressure gauge is in the green swept area. A weekly visual inspection 
is also required to ensure that it is not leaking or damaged. The 
Fogmaker System will be serviced at least annually by qualified, 
trained, and authorized personnel. UL requires that the Fogmaker System 
be serviced at least semi-annually. The piston accumulator will be 
serviced every 5 years, and the suppression fluid replaced. The piston 
accumulator will be re-built and the hydrostatic pressure tested every 
10 years.
    (o) The petitioner is not requesting modification to 30 CFR 
75.1911(j) and will perform the required recordkeeping set out by 30 
CFR 75.1911(j)(1) through (j)(3).
    (p) The petitioner is not requesting modification to 30 CFR 30 CFR

[[Page 6225]]

75.1911(k). The petitioner will ensure that all miners are aware of the 
Fogmaker System when it is installed, and they will be trained how to 
use it according to Part 48. Task training will also be conducted for 
miners responsible for examinations.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-02117 Filed 2-3-20; 8:45 am]
 BILLING CODE 4520-43-P