[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62793-62796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16913]


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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 September 3, 
2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0014 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0014.
    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, 4th Floor West, 
Arlington, Virginia 22202-5452.
    Attention: S. Aromie Noe, Director, Office of Standards, 
Regulations, and Variances. Persons delivering documents are required 
to check in at 4th Floor West. 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, Director, 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 (Mine Act) 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 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

    Petition Docket Number: M-2024-006-C.
    Petitioner: Canyon Fuel Company, LLC, HC 35, Box 380, Helper, UT 
84526.
    Mine: Skyline Mine #3, MSHA ID No. 42-01566, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.350, Belt air course ventilation.
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.350(a), to utilize a portion of the 
conveyor entry for a return air course to allow for sealing of a 
worked-out area. In support of the petition for modification, the 
petitioner submitted a mine map of the affected area along with a 
diagram of the affected portion of the belt line.
    The petitioner states that:
    (a) It is prudent mining practice to promptly seal worked-out 
areas. The petitioner must utilize a portion of the conveyor entry for 
a return air course to allow for sealing of a worked-out area.
    (b) Utilizing a portion of the 12 Tailgate beltline (i.e., the 12 
Right Tailgate) as a return air course will allow the operator to 
proceed with a plan to seal District 1 of the mine.
    (c) The mine currently operates under Petition M-2000-040-C and the 
operator intends to use similar methods.
    (d) This petition is needed until the 1 Left Longwall mining is 
projected to conclude in the 4th quarter of 2024, after which the 
petition will no longer be required.
    The petitioner proposes the following alternative method:
    (a) An atmospheric monitoring system (AMS) shall be installed in 
the primary escapeway entry and belt. The portion of the belt line to 
be utilized for return does not contain belt drives or take-up 
components. No non-permissible belt equipment shall be operated in the 
portion of the belt entry that will be used for a return. The AMS 
system shall be as follows:
    (1) Sensors shall be installed at the mouth of the section in the 
intake escapeway entry, at the beginning of the working section, and at 
intervals not to exceed 1,000 feet along the intake escapeway entry 
between such locations.
    (2) Sensors shall be installed at the mouth of the section in the 
belt entry, at a location between 50 feet and 100 feet inby the section 
belt drive if the air is traveling to the face, or outby if the air is 
traveling away from the face in the belt entry and at intervals not to 
exceed 1,000 feet along the belt conveyor entry. A monitoring device 
shall be located between 25 feet and 50 feet inby the tailpiece if the 
air is traveling to the face, or between 50 feet and 100 feet outby the 
tailpiece if the air is traveling away from the face. The tailpiece and 
the sensor shall be on the same split of air.
    (3) Sensors shall be installed near the center in the upper third 
of the belt entry in a location that will not expose personnel working 
on the system to unsafe situations. Sensors installed in the haulage 
entry shall be located in areas where they are not exposed to

[[Page 62794]]

damage from mobile equipment. Sensors shall not be located in 
intersections, abnormally high areas, or other areas where air flow 
patterns do not permit products of combustion to be carried to the 
sensors.
    (4) Where the return air is directed out of the belt conveyor 
entry, a sensor shall be installed in the belt entry 25 feet inby that 
location and a sensor shall be installed between where the return air 
is directed out of the belt entry and the ventilation box check device 
is located.
    (5) A sensor shall be installed in the mainline conveyor entry 
between 50 and 100 feet downwind of the location where the 12 Tailgate 
section belt conveyor discharges onto the mainline belt.
    (b) The air velocity requirements in the conveyor entry shall be as 
follows:
    (1) The air in the belt entry shall have a velocity of at least 50 
feet per minute and have a perceptible movement in the designated 
direction.
    (2) The velocity measurements shall be taken at locations in the 
entry that are representative of the cross-sectional areas found 
throughout the entry and not in areas where the entry is abnormally 
high or low (e.g. belt drives or under overcasts, respectively).
    (c) Carbon monoxide ambient, alert and alarm levels shall be as 
follows:
    (1) The ambient carbon monoxide level shall be 5 parts per million 
(ppm). The alert and alarm levels for the belt entry and intake entry 
shall be determined by adding the ambient level to the levels 
established in Table 1.
    (2) The AMS shall also be activated and the alarm shall signal if 
the total concentration of carbon monoxide measured by any sensor 
exceeds 50 ppm.

                   TABLE 1--CO Alert and Alarm Levels
------------------------------------------------------------------------
                 Quantity (cfm)                    Concentration setting
-------------------------------------------------   above ambient (ppm)
                                                 -----------------------
                From                      To         Alert       Alarm
------------------------------------------------------------------------
5,000...............................      50,000           5          10
50,000..............................     200,000           4           8
------------------------------------------------------------------------

    (d) Audible and visual alarm devices currently installed for 
compliance with Petition M-2000-040-C shall be utilized. Alarm devices 
shall give visual and audible signals that can be seen and heard at all 
times in the working section(s) and at a location on the surface of the 
mine where a responsible person(s) is on duty at all times when miners 
are underground. Alert devices shall give visual or audible signals 
that can be seen or heard at all times at the surface location whenever 
miners are underground. When audible signals are used for both alert 
and alarm, the signals shall be distinguishable from each other.
    (1) The AMS shall be designed to include a time delay period for 
carbon monoxide alert and alarm signals not to exceed 60 seconds. When 
a sensor response remains within the alert or alarm range for more than 
the predetermined length of time delay, visual and/or audible signals 
will be given at those levels.
    (2) When the AMS gives any visual or audible alert signal, all 
persons in the same split of air shall immediately be notified and 
appropriate action shall be taken to determine the cause of the 
actuation. When the AMS gives any audible alarm signal, all persons in 
the same split(s) of air shall immediately be withdrawn to a safe 
location outby the sensor(s) activating the alarm, unless the cause is 
known not to be a hazard to the miners. When the AMS gives any audible 
alarm at shift change, no one shall be permitted to enter the mine 
except qualified persons designated to investigate the source of the 
alarm. If miners are in route into the mine, they shall be held at, or 
be withdrawn to, a safe location outby the sensor(s) activating the 
alarm. When a determination is made as to the source of the alarm, and 
that the mine is safe to enter, the miners shall be permitted 
underground.
    (3) The mine evacuation plan required by 30 CFR 75.1101-23(a) shall 
specify the action to be taken to determine the cause of the alert and 
alarm signals, the location(s) for withdrawal of miners for each alarm 
signal, the steps to be taken after the cause of an alert signal is 
determined, and the procedures to be followed if an alarm signal is 
activated. A record of each alert and alarm signal given and the action 
taken shall be maintained at the mine for a period of 1 year and made 
available to all interested persons.
    (e) When miners are underground, a responsible person shall be on 
duty at all times at a surface location at the mine to see the visual 
alert and hear the audible alarm signals of the AMS when the carbon 
monoxide reaches the levels established in Table 1. This person shall 
have two-way communications with all working sections. When the 
established alarm signal levels are reached, the person shall notify 
miners who are working inby the affected sensor. The responsible person 
shall be trained in the operation of the AMS and in the proper 
procedures to follow in the event of an emergency or malfunction and, 
in that event, shall take appropriate action immediately.
    (f) The AMS shall be examined visually at least once each coal-
producing shift and tested for functional operation at intervals not 
exceeding 7 days to ensure it is functioning properly and that required 
maintenance is being performed. The AMS shall be calibrated with known 
concentrations of carbon monoxide and air mixtures at intervals not 
exceeding 30 calendar days. A record of all weekly inspections, monthly 
calibrations, and all maintenance shall be maintained on the surface 
and made available to all interested persons. The inspection record 
shall show the time and date of each weekly inspection, calibration, 
and all maintenance performed on the system.
    (g) The AMS shall remain operative for the purpose of giving 
warning of a fire for a minimum of 4 hours after the source of power to 
the belt is removed except when power is removed during a fan stoppage 
or when the belt haulageway is examined as provided in 30 CFR 75.1103-
4(e)(l) and (e)(2).
    (h) The AMS shall be capable of identifying any activated sensor. A 
map or schematic identifying each belt flight and the details of the 
monitoring system shall be posted at the mine.
    (i) If at any time the AMS has been deenergized for reasons such as 
routine maintenance or failure of a sensor unit, the belt conveyor may 
continue to operate provided the miners in the working section affected 
are notified of the situation and the affected portion of the belt or 
intake entry is continuously patrolled and monitored for carbon 
monoxide and methane in the following manner until the affected AMS is 
returned to normal operation.
    (1) The patrolling and monitoring shall be conducted by a qualified 
person or persons.
    (2) The qualified person(s) performing atmospheric monitoring for 
carbon monoxide and methane or both shall at all times be equipped with 
a two-way communication device enabling the person(s) performing the 
monitoring to communicate with the surface. Mine phones spaced a 
maximum of 1,000 feet may be used for the communication device. When 
used for this purpose, the mine phone location shall be conspicuously 
identified.
    (3) If one sensor becomes inoperative, a qualified person shall 
monitor at the location.
    (4) If two or more adjacent sensors become inoperative, a qualified 
person or persons shall patrol and monitor the area affected at least 
once each hour.
    (5) If the complete system becomes inoperative, a sufficient number 
of qualified persons shall patrol and

[[Page 62795]]

monitor the affected entries of the mine so that the affected entries 
will be traveled once each hour in their entirety.
    (6) Each of these qualified persons shall be provided with a hand-
held carbon monoxide detector and a hand-held methane detector. A 
carbon monoxide detector and a methane detector shall also be available 
for use on each working section in the event the AMS is deenergized or 
fails.
    (7) These procedures are applicable only for a short period of time 
and are to be determined by the reasonable amount of time required to 
repair or replace the equipment causing the malfunction. The mine 
operator shall begin corrective action immediately and continue until 
the defective equipment causing the malfunction is replaced or 
repaired. The responsible person on the surface shall immediately 
establish two-way communications with the working section(s) and notify 
them of the particular malfunction(s) or problem(s).
    (8) Monitoring with hand-held detectors shall not be used in lieu 
of installation and use of the fire detection and methane monitoring 
systems.
    (9) Time delays shall not be applied to measurements made with 
handheld detectors. Since hand-held detector measurements will include 
carbon monoxide from diesel-powered equipment, the alert and alarm 
levels for carbon monoxide when qualified persons are patrolling or 
monitoring with hand-held detectors shall be 15 ppm and 20 ppm, 
respectively. These levels shall be incorporated and included as a part 
of the mine ventilation plan required by 30 CFR 75.370.
    (j) The details of the fire detection system and the methane 
monitoring system, including the type of monitor and specific sensor 
location on the mine map, shall be included as a part of the mine 
ventilation plan as required by 30 CFR 75.370.
    (k) The concentration of respirable dust in the intake air coursed 
through a belt conveyor haulageway shall not exceed 1.0 mg/m\3\. 
Compliance with this requirement shall be determined by establishing a 
designated area (DA) sampling location within 15 feet outby the working 
section belt tailpiece or just outby any air split point introduced 
into the belt entry and by sampling in accordance with 30 CFR 70.208.
    (l) Mantrip cars or personnel carriers or other transportation 
equipment shall be maintained on or near the working section and be of 
sufficient capacity to transport all persons who may be in the area and 
shall be located within 300 feet of the section loading point.
    (m) Fire doors designed to quickly isolate the working section 
shall be constructed in the 12 Right Tailgate near the head of the 
section for potential use in emergency situations. The fire doors will 
remain operable while mining inby the 1 Left Tailgate Section. A plan 
for the emergency closing of these firedoors, notification of 
personnel, and de-energization of electric power inby the doors shall 
be included in the approved mine ventilation plan.
    (n) Two separate lines or systems for voice communication shall be 
maintained in the 1 Left Tailgate mining section. Phones shall be 
installed every 1,000 feet within one crosscut of the location of the 
diesel discriminating sensor in the belt and intake entries. The two 
systems shall not be routed through the same entry.
    (o) At least one self-contained self-rescuer shall be available for 
each person in the 1 Left Tailgate section at all times and shall be 
carried into the section and carried on the section, or stored on the 
section, while advancing development.
    (p) In addition to the requirements of 30 CFR 75.1100-2 (b), 
firehose outlets with valves every 300 feet shall be installed along 
the intake entry. At least 500 feet of firehose with fittings and 
nozzles suitable for connection with the outlets shall be stored at 
each strategic location along the intake entry. The locations shall be 
specified in the firefighting and evacuation plan.
    (q) Compressor stations and unattended portable compressors shall 
not be located in the 1 Left Tailgate section.
    (r) A methane monitoring system utilizing methane sensors shall be 
incorporated into the AMS and be installed to monitor the air in the 12 
Right Tailgate Belt Entry.
    (1) The sensors shall be located so that the belt air is monitored 
near the mouth of the development, near the tailpiece of the belt 
conveyor, and at or near any secondary belt drive unit installed in the 
belt haulage entry.
    (2) The methane monitoring system shall be capable of providing 
both audible and visual signals on both the working section and at a 
manned location on the surface of the mine where personnel will be on 
duty at all times when miners are underground in a two-entry section or 
when a conveyor belt is operating in a two-entry section. A trained 
person at the surface shall have two-way communication with all working 
sections. The system shall initiate alarm signals when the methane 
level is 1.0 volume per centum. The methane monitoring system shall be 
designed and installed to deenergize the belt conveyor drive units when 
the methane level is 1.0 volume per centum. Upon notification of the 
alarm, miners shall deenergize all other equipment located on the 
section.
    (3) The methane monitoring system shall be visually examined at 
least once every working shift to ensure proper functioning. The system 
shall be inspected by a person qualified for such work at intervals not 
exceeding 7 days. The qualified person shall ensure that the devices 
are operating properly and that the required maintenance, as 
recommended by the manufacturer, is performed. The monitoring devices 
shall be calibrated with known quantities of methane-air mixtures at 
intervals not exceeding 31 calendar days. An inspection record shall be 
maintained on the surface and made available to all interested persons. 
The inspection record shall show the date and time of each weekly 
inspection and calibration of the monitor and all maintenance 
performed, whether at the time of the weekly inspection or otherwise.
    (s) Implementation and training requirements:
    (1) Prior to implementing the modification, an inspection shall be 
conducted by MSHA to ensure that the terms and conditions of this 
petition have been complied with and that the miners have been trained 
in proper evacuation procedures, including instructions and drills in 
evacuation and instructions in precautions to be taken for escape 
through smoke.
    (2) Within 60 days after the Proposed Decision and Order (PDO) is 
granted by MSHA, the petitioner shall submit proposed revisions for its 
approved 30 CFR part 48 training plan to the District Manager. These 
proposed revisions shall specify initial and refresher training 
regarding the conditions specified by the PDO. This shall include 
training on the fire suppression systems used on diesel equipment used 
in the two-entry system. Miners working around the hydraulic pumping 
station shall be trained in the requirements of the PDO when the 
hydraulic pumping station for the longwall supports is located in the 
two-entry system.
    (3) The terms and conditions of this petition will not apply during 
the time period from completion of the development mining of the 1 Left 
Tailgate and Headgate until the beginning of the longwall equipment 
set-up activities, provided the conveyor belt in the two-entry panel is 
not energized. During this time period all other mandatory standards 
will apply.
    (t) Requirements Applicable to Two-Entry Development, Longwall Set-
up

[[Page 62796]]

and Recovery, and Retreat Mining Systems When Diesel-Powered Equipment 
is Operated on a Two-Entry System.
    (1) Administrative controls shall be developed establishing 
procedures for planning and communication of activities which are known 
to result in elevated carbon monoxide levels which do not present a 
hazard to miners working inby. All persons working in the two-entry 
longwall panel shall be trained as to the requirements of these 
administrative controls. In the case of diesel equipment operators, the 
training shall include diesel discriminating sensor locations to 
minimize false alarms. Diesel equipment operators shall be instructed 
not to idle machines near sensors. Administrative controls shall be 
used to minimize the number and type of pieces of diesel equipment in 
the two-entry system, to notify a responsible person on the working 
section when any diesel equipment is operating in the two-entry system 
and when welding operations are performed to avoid false alert and 
alarm signals. These administrative controls shall be incorporated into 
the mine ventilation plan.
    (2) All light duty and heavy-duty diesel-powered equipment not 
approved and maintained as permissible under 30 CFR part 36 may operate 
on any two-entry system, except where permissible equipment is 
required, as long as the equipment includes:
    (i) An automatic and manually activated fire suppression system 
meeting the requirements of 30 CFR 75.1911. The manual fire suppression 
system shall be capable of being activated from inside and outside the 
machine's cab. The manual actuator located outside the cab shall be on 
the side of the machine opposite the engine. The systems shall be 
maintained in operating condition.
    (ii) An automatic engine shut down/fuel shut off system, maintained 
in operating condition, which is tied into the activation of the fire 
suppression system.
    (iii) An automatic closing, heat-activated shut off valve, 
maintained in operating condition, on diesel fuel lines either between 
the fuel injection pump and fuel tank, if the fuel lines are 
constructed of steel, or connected as close as practical to the fuel 
tank using steel fittings if fuel lines are constructed of material 
other than steel.
    (iv) A means, maintained in operating condition, to prevent the 
spray from ruptured diesel fuel, hydraulic oil, and lubricating oil 
lines from being ignited by contact with engine exhaust system 
component surfaces such as shielding, conduit, or non-absorbent 
insulating materials.
    (v) Diesel-powered equipment classified as ``heavy-duty'' under 30 
CFR 75.1908(a), must include a means, maintained in operating 
condition, to maintain the surface temperature of the exhaust system of 
diesel equipment below 302 degrees Fahrenheit. Diesel road graders are 
considered heavy-duty equipment.
    (vi) Diesel-powered rock dust machines and diesel-powered 
generators, both light duty machines, which are not approved and 
maintained as permissible under Part 36, may be used in the two-entry 
system, except where permissible equipment is required, even if they do 
not meet the requirements provided that:
    (A) No miners are located in the work area.
    (B) No miners are located in the adjacent parallel entry at any 
location when either the rock dust machine or generator is operating or 
located in the two-entry section.
    (3) Diesel fuel shall not be stored in the two-entry system. 
Diesel-powered equipment not approved and maintained under Part 36 
shall not be refueled in the two-entry system.
    (4) Diesel equipment shall not be used for face haulage equipment 
on the working section, except that diesels may be used on the working 
section for cleanup, setup, and recovery, or similar non-coal haulage 
purposes.
    (5) If non-Part 36 diesel-powered equipment needs to be ``jump 
started'' due to a dead battery in any two-entry system, a methane 
check by a qualified person using an MSHA approved detector shall be 
made prior to attaching the ``jumper'' cables. The equipment shall not 
be ``jump'' started if air contains 1.0 volume per centum or more of 
methane.
    (6) A diesel equipment maintenance program shall be adopted and 
complied with by the operator. The program shall include the 
examinations and tests specified in the manufacturers' maintenance 
recommendations as it pertains to diesel carbon monoxide emissions. A 
record of these examinations and tests shall be maintained on the 
surface and be made available to all interested persons.
    Skyline Mine #3 has no designated miner's representative.
    The petitioner asserts that the alternative method proposed in the 
petition will at all times guarantee no less than the same measure of 
protection afforded by 30 CFR 75.350(a).

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-16913 Filed 7-31-24; 8:45 am]
BILLING CODE 4520-43-P