[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59122-59123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21094]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition 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 a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before October 31, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0048 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0048.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: S. Aromie Noe, 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. Before 
visiting MSHA in person, call 202-693-9455 to make an appointment, in 
keeping with the Department of Labor's COVID-19 policy. Special health 
precautions may be required.

FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (email), or 202-693-9441 (fax). [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 
(CFR) 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, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-018-C.
    Petitioner: Buchanan Minerals, LLC, Company, PO Drawer L, Oakwood 
VA 24631.
    Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856 located in Buchanan 
County, Virginia.
    Regulation Affected: 30 CFR 75.1100-2 (b), Quantity and location of 
firefighting equipment.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1100-2 (b) to allow an alternative to the installation of a 
parallel waterline along the entire length of the belt conveyor that 
will be utilized in the development of three-entry longwall headgate 
and subsequent longwall retreat sections. The petitioner proposes 
installing the waterline in the adjacent entry to the belt conveyor and 
extending the distance between fire hydrants to 320 feet on three-entry 
longwall headgate development and subsequent longwall retreat sections.
    The petitioner states that:
    (a) Currently, as numbered left to right, No.1 entry serves as the 
return, No. 2 entry serves as the intake/track entry, and No. 3 entry 
serves as the belt entry.
    (b) The headings are on 160-foot centers and the crosscuts from the 
No.2 Entry to the No.3 Entry are on 60-foot centers. The No. 2 intake/
track entry is isolated from the No. 3 belt entry by permanent cement 
block stoppings. The mine seam heights are 48 inches or higher. In 
accordance with 30 CFR 75.333 (c) (1), personnel doors are installed at 
distances not to exceed 600 feet.
    (c) A 6-inch waterline is installed along the full length of the 
track.
    (d) The following two methods are utilized to facilitate the 
requirements of 30 CFR 75.1100-2 (b):
    (1) A 2-inch waterline is installed along the belt conveyor with 
fire valves installed at intervals of 300 feet.
    (2) The 2-inch waterline is supplied via the 6-inch line through 
taps at intervals necessary to ensure flow rate requirements are met; 
or a 2-inch waterline is branched off the 6-inch waterline at every 
break and extended over to the No. 3 belt entry with a corresponding 
fire valve fitted on the end of each branch.
    (e) The new gateroad design will utilize 1,000-foot-wide longwall 
faces and require crosscuts to be driven on 160-foot centers. This 
crosscut spacing is critical to the global stability of the mine 
environment. The design was reviewed by MSHA's Technical Support Roof 
Control Group which found it to have merit.
    (f) The petitioner is applying to reconfigure the 6-inch waterline 
in the adjacent entry to the belt conveyor and extend the distance 
between fire hydrants from 300 feet to 320 feet on three-entry longwall 
headgate development and subsequent longwall retreat sections. The 
waterline will be located in the No. 2 intake/track entry with the 
exception of a final connection that will extend the waterline to the 
section loading point in the No. 3 belt entry. Additional fire-fighting 
equipment will be staged and enhanced access between the No. 2 and No. 
3 entry will be instituted. The utilization of the waterline in the No. 
2 intake/track entry will facilitate both the installation of the 
waterline during development and removal upon longwall retreat mining.
    (g) Should an issue arise affecting the water delivery system, the 
problem can be readily identified due to the waterline's location along 
the track that is more frequently traveled than the belt entry.
    (h) With the waterline located in the No. 2 intake/track entry as 
compared to the No. 3 belt entry, it is less likely to be compromised 
due to fire and extreme heat exposure resulting in pressure loss.
    (i) The alternative waterline installation will require less 
material handling thus reducing the risk of injury, especially hand and 
back-related injuries.
    (j) The additional fire hose, fire hose nozzles, and three-way 
manifold will

[[Page 59123]]

provide enough firefighting capability to adequately charge two fire-
fighting hoses that can reach the corresponding break of the next fire 
valve location.
    (k) The delivery of individuals and firefighting materials is 
simplified and expedited by the utilization of the track. This, in 
conjunction with the readily available and easily identifiable fire 
valves, will lessen the response time to contain and extinguish a fire.
    (l) To simplify training, the fire valve location can be explained 
as located in every other break along the track entry.
    (m) The initial steps of hooking up the fire-fighting equipment to 
the fire valve will take place in the isolated intake escapeway.
    (n) For command-and-control purposes, communication and tracking 
systems are optimal in the No. 2 intake/track entry.
    The petitioner proposes the following alternative method:
    (a) The 6-inch waterline shall be installed in an entry adjacent to 
the conveyor belt entry with the fire hydrants located at the crosscuts 
connecting the intake/track entry and the belt entry. The 6-inch 
waterline will be located along the rib line nearest to the No. 3 belt 
entry.
    (b) The fire hydrants shall be spaced not more than 320 feet apart.
    (c) The fire hydrants shall be operable, clearly identified, and 
positioned such that the hose can be quickly connected to the outlet in 
the event of an emergency.
    (d) Access to the fire hydrants shall be maintained clear of 
obstructions.
    (e) Signs shall be conspicuously placed in the belt entry 
indicating the location of each fire hydrant.
    (f) Between the No. 2 intake/track entry and the No. 3 belt entry, 
personnel doors shall be installed at distances not to exceed 320 feet 
and maintained in operable condition in the stopping opposite each fire 
hydrant to allow easy access to the hydrant.
    (g) In addition to the 500 feet of fire hose required by 30 CFR 
75.1100-2 (b), at least 300 feet of extra fire hose shall be kept in 
the immediate area of the section belt drive. The strategically located 
fire hose shall be sufficient in length so that any affected area on 
the belt can be covered from the most proximate fire hose outlet. Two 
fire hose nozzles and a three-way manifold shall be provided in the 
fire hose cache.
    (h) A fire valve shall be installed at the section tailpiece and 
will be supplied by a suitably sized and rated water hose extending 
from the 6-inch waterline. If required, additional fire valves shall be 
installed in the suitably sized and rated water hose between the 6-inch 
waterline and section tailpiece to maintain the 320-foot interval. The 
fire valves shall be capable of delivering a minimum of 50 gallons of 
water a minute at a nozzle pressure of 50 pounds per square inch.
    (i) Prior to implementing the Proposed Decision and Order, all 
persons who inspect, install, and maintain the waterline shall be 
instructed in the special terms and conditions of this alternative 
method. Within 60 days after the Proposed Decision and Order becomes 
final, the petitioner shall submit proposed revisions for their 
approved 30 CFR part 48 training plan to the Coal Mine Safety and 
Health District Manager. These proposed revisions shall specify initial 
and refresher training regarding the alternative method outlined in the 
Proposed Decision and Order and the special terms and conditions stated 
in the Proposed Decision and Order.
    The petitioner asserts that the alternative method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-21094 Filed 9-28-22; 8:45 am]
BILLING CODE 4520-43-P