[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90767-90769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26722]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standard
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
Marfork Coal Company, LLC.
[[Page 90768]]
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before December 18,
2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0078 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2024-0078.
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 the receptionist's desk, 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.
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-2024-053-C.
Petitioner: Marfork Coal Company, LLC, P.O. Box 457, Whitesville,
West Virginia 25209.
Mine: Black Eagle Mine, MSHA ID No. 46-09550, located in Raleigh
County, West Virginia.
Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations
and records).
Modification Request: The petitioner requests a modification of 30
CFR 75.312(c) to permit testing the automatic fan stopping signal
device without shutting down the mine fan and removing the miners.
The petitioner states that:
(a) The mine extracts coal by the room and pillar method of mining
and operates three continuous miner sections producing coal five to six
days per week.
(b) The mine has personnel underground 24 hours per day, 7 days per
week.
(c) The mine is ventilated by one, Jeffrey model 8HUA117, 1,500
horsepower (hp) and 895 revolutions per minute (rpm), mine fan.
(d) The fan operates at approximately 10 inches of water gauge and
moves approximately 635,000 cubic feet per minute.
(e) The mine liberates 777,272 cubic feet of methane every 24 hours
as of April 16, 2024.
(f) Currently, the mine fan stops every 31 days to check the fan
signal device.
(g) If fan outage lasts longer than 1, 3, or 48 hours, then the fan
is required to run for 1, 2, or 3 hours, respectively, before a
certified examiner can re-enter the mine to conduct the required
examinations.
(h) It is unfavorable to stop the fan and disrupt the ventilation
due to the mine liberating methane and personnel being underground 24
hours per day, 7 days per week, making it impossible to schedule a time
when the fan stoppage signal can be checked without miners being
underground.
The petitioner proposes the following alternative method:
(a) The main fine fan shall be provided with a fan alarm signal
system consisting of the following:
(1) A ridged plastic tubing protected by steel conduit extending
from the fan ductwork to a Photohelic gauge and chart recorder to
continuously monitor the fan operating pressure. An automatic fan
signal is activated when the fan pressure falls below 50 percent of the
normal operating pressure (which currently equals 5 inches of water
gauge) as measured by the Photohelic gauge. This alarm shall be visible
and audible in the dispatcher's office.
(2) A Pyott Boone Belt (PBE) model #1610 TA analog scanner monitors
the fan. When the fan loses electrical power, the PBE scanner sends a
signal to the dispatch office which sounds an alarm. This additional
alarm provides a backup in the event the Photohelic gauge or its
contacts fail to automatically signal.
(b) The automatic fan signal device shall be tested every seven
days by manually operating a valve (Ham-Let valve) near the Photohelic
gauge and fan pressure recording chart reducing the pressure on the
water gauge to simulate a fan stoppage, causing the activation of the
fan signal. The actuation of the fan alarm shall be verified by a
responsible person at the location where the responsible person is
always on duty when anyone is underground. Once this seven-day test of
the alternative method has been successfully repeated for four
consecutive weeks, the test frequency shall change to at least every 31
days.
(c) The automatic fan signal device and signal alarm shall be
tested every six months by stopping the fan to ensure that the
automatic signal device causes the alarm to activate when the fan shuts
down.
(d) By the end of the shift on which the test of the automatic fan
signal device is completed, person(s) performing the test shall record
the result of the test in a secure book. The record book shall be
retained at a surface location at the mine for at least one year and
shall be made available for inspection by an Authorized Representative
of the Secretary.
(e) Within 60 days of the Proposed Decision and Order (PDO) granted
by MSHA, Marfork shall submit proposed revisions for its approved 30
CFR 48 training plan to the MSHA District Manager. These proposed
revisions shall include initial and refresher training regarding
compliance with the PDO granted by MSHA. Miners who are to perform the
test under the PDO granted by MSHA shall be trained at least annually
on the proper method of testing upon his or her initial assignment to
these responsibilities.
(f) The petitioner asserts that this Petition for Modification of
Application of Mandatory Standard has been posted on the employee
bulletin board at the Black Eagle Mine as of August 30, 2024, and there
are no representatives of miners at this operation.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same
[[Page 90769]]
measure of protection afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-26722 Filed 11-15-24; 8:45 am]
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