[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Notices]
[Pages 12796-12800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5787]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Notice of petitions for modification of existing mandatory
safety standards.
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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR Part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification filed by the parties listed below to modify
the application of existing mandatory safety standards published in
Title 30 of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before April 16, 2010.
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].
2. Facsimile: 1-202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209,
Attention: Patricia W. Silvey, Director, Office of Standards,
Regulations and Variances.
4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia
22209-3939, Attention: Patricia W. Silvey, Director, Office of
Standards, Regulations and Variances.
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. Individuals
who submit comments by hand-delivery are required to check in at the
receptionist desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
[email protected] (E-mail), or 202-693-9441 (Telefax). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
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 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
[[Page 12797]]
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-2010-001-C.
Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles,
Virginia 24282.
Mine: Huff Creek No. 1 Mine, MSHA I. D. No. 15-17234, located in
Harlan County, Kentucky.
Regulation Affected: 30 CFR 75.364(b)(1) (Weekly examination).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method for weekly
examinations on the out by A-Mains panel due to bad roof, rib
sloughage, and floor heave. The petitioner proposes to: (1) Establish
two evaluation points for weekly evaluation of the affected area. The
evaluation points will be located at break 71 and break 40 on the A-
Mains panel to monitor air quality and quantity entering and exiting
the hazardous area; (2) Place an atmospheric monitoring system (AMS)
sensor at each evaluation point to continuously monitor the quality of
air in the effective area as follows: (a) An AMS meeting all of the
applicable requirements of 30 CFR 75.351(a), (b), (c), (d), (k), and
(l) will be used to continuously monitor methane, oxygen and carbon
monoxide concentrations at the specified monitoring stations. The AMS
will be calibrated and maintained in accordance with 30 CFR 75.351(n),
(o), (p), and (q); (b) the AMS sensor will be located such that the air
flowing over the sensor is representative of the air flowing through
the inaccessible belt air entry; (c) the AMS sensors will be capable of
providing both visual and audible signals as follows: (i) A visual and
audible alert signal will be activated for the following initial
levels: (1) Oxygen: 19.4%; (2) Methane: 1.5%; (3) Carbon Monoxide: 8
ppm; (ii) an audible and visual alarm signal will be activated for the
following initial levels; (1) Oxygen: 19.0%: (2) Methane: 2.0%; and (3)
Carbon Monoxide: 13 ppm; (d) if an AMS sensor indicates an alert
signal, a qualified person will immediately be dispatched to the
affected area to determine the reason for the alarm and what action
must be taken to correct the condition. If it is determined that a fire
exists, all persons not required for firefighting activities will be
evacuated from the mine; (e) if an AMS sensor indicates an alarm
signal, all persons in by that sensor in the same split of air will be
withdrawn out by to the next sensor not in an alarm mode. All persons
will remain at that location, or be withdrawn from the mine, until the
reason for the alarm has been determined and action has been taken to
correct the condition. If it is determined that a fire exists, all
persons not required for firefighting activities will be evacuated from
the mine; (3) A certified person will: (a) Examine each of the
evaluation points at least every 7 days, including: (i) Examine for
hazards on the approaches to and at the evaluation points; (ii) perform
visual examinations of the AMS sensors; and (iii) evaluate and measure
the quality and quantity of air flowing past the evaluation points. Air
quality measurements will determine the methane, oxygen, and carbon
monoxide concentrations using a MSHA approved hand-held device. Air
quantity measurements will be made using an appropriately calibrated
anemometer. Methane gas or other harmful, noxious, or poisonous gases
will not be permitted to accumulate in excess of legal limits for an
intake aircourse. At these evaluations points, an increase of 0.3
percent methane above the previous reading or a 10 percent change in
the airflow quantity from the previous reading will cause an immediate
investigation of the affected area, with prompt remedial action being
taken as needed; and (iv) at each evaluation point, a date board will
be provided where the certified examiner will record the date, time,
his or her initials, and the measured quantity and quality of the air
entering the affected area; and (v) record the results of each weekly
examination in a book maintained on the surface. The certification,
recordkeeping, and retention period requirements of 30 CFR 75.364(g),
(h), and (i) will be met, (4) The permanent ventilation controls,
evaluation points, and AMS sensor locations will be shown on the annual
mine ventilation map submitted in accordance with 30 CFR 75.372; (5)
All evaluation points and approaches to evaluation points will be
maintained in a safe condition at all times. The roof will be
adequately supported by suitable means to prevent deterioration of the
roof in the vicinity of the evaluation points. The petitioner asserts
that the proposed alternative method will at all times guarantee no
less than the same measure of protection afforded by the appropriate
portion of 30 CFR 75.364.
Docket Number: M-2010-002-C.
Petitioner: Bridger Coal Company, P.O. Box 68, Point of Rocks,
Wyoming 82942.
Mine: Bridger Underground Mine, MSHA I.D. No. 48-01646, located in
Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
Modification Request: The petitioner requests a modification of the
existing standard to allow mining through abandoned oil and gas wells.
The petitioner states that: (1) Bridger Coal Company expects to plug
and mine through wells intersecting three coal seams: (a) Deadman D41
(the lowermost mineable seam, currently being mined), Deadman D5 Seam
(not being mined), and Deadman D6 Seam (not being mined); (b) Bridger
Coal Company is currently mining the Deadman D41 Seam. This seam varies
from 7 to 17-feet in thickness, and liberates little to no methane in
seam; (c) the Deadman D5 seam is approximately 70-feet above the active
mine workings. This seam is approximately 5-feet thick. Bridger Coal
Company has no current plans to mine this seam; (d) the Deadman D6 Seam
is approximately 170-feet above the active mine workings. This seam is
approximately 2.5-feet thick. Bridger Coal Company has no current plans
to mine this seam; (2) there are two abandoned gas wells, 41-
35 (P & A July 28, 1964) and Pierce 1 (P & A December 23,
1960). The drilled depth of 41-35 is 2793 feet; that of Pierce
1 is 3276 feet. Both of these wells were already
professionally plugged and abandoned. Copies of geologic logs have been
secured for each well and have been interpreted to identify coal bed
horizons; and (3) the interval of all three seams is approximately 210
feet so the total expansive cement interval would be 510 feet to meet
the minimum proposed plugging requirements set forth below. Plugging to
the surface is planned for each abandoned and plugged gas well. The two
abandoned and plugged gas wells will be cut through by longwall shear.
Mine development occurs near the three hundred (300) foot diameter
barrier of 41-35 in December 2010. As an alternative method of
achieving the results of 30 CFR 75.1700, the petitioner proposes the
following: (1) Bridger Coal Company will provide the District Manager
with a map showing the location of all known oil and gas wells within
the lease boundaries of the mine; (2) At least 30 days prior to mining
within 150 feet of any oil or gas well, written certification will be
provided to the District Manager that such well was cleaned out,
prepared, and plugged using methods that meet or exceed the
[[Page 12798]]
following techniques and procedures: (a) A diligent effort will be made
to clean the boreholes to a depth which would permit the placement of
expanding cement to at least 200 feet below the base of the lowest
mineable coal seam; (b) If the cleaned out borehole produces an
excessive amount of methane gas, a mechanical bridge plug will be set
in the borehole in a stratum of at least 200 feet below the base of the
lowest mineable coal seam. If it is not feasible to set a mechanical
bridge plug, an appropriately sized substantial brush plug may be used;
and (c) A suite of logs will be made and maintained consisting of
caliper survey, directional deviation survey, and log(s) suitable for
determining the top and bottom of the mineable coal seams. Invoices,
work orders, and other records relating to all work on the well will
also be maintained. This information will be provided to MSHA upon
request.
The following procedures will be followed when plugging oil and gas
wells to the surface: (1) Using open-end tubing, a gel will be pumped
into the borehole to a point approximately 20 feet above the bottom of
the cleaned-out area of the borehole, or 20 feet above the mechanical
bridge plug or substantial brush plug. The gel should circulate around
the borehole, completely filling the cavity, so that the gel inhibits
any flow of gas, supports the walls of the borehole, and densifies the
expanding cement that will be pumped into the borehole; (2) using open-
ended tubing, a cement plug will be set in the well by pumping
expanding cement slurry to a point at least 200 feet below the lowest
mineable coal seam up to a point approximately 100 feet above the top
of the lowest mineable coal seam. There will be at least 200 feet of
expanding cement below the base of the lowest mineable coal bed; (3)
the remainder of the borehole will be filled to the surface, either
with expanding cement slurry, or beginning from the point approximately
100 feet above the top of the lowest mineable coal seam, with Portland
cement or a Portland cement-fly ash mixture; (4) a small quantity of
steel turnings, or other magnetic particles will be imbedded in the top
of the cement near the surface to serve as a permanent magnetic
monument of the borehole. The following procedures will apply to mining
through an oil or gas well: (1) The operator will notify the District
Manager or designee prior to mining within 150 feet of the well, and
when a specific plan is developed for mining through each well; (2) The
petitioner will participate in a conference with the District Manager
prior to mining-through the plugged well to review the specific
procedures for mining through the well. Representatives of miners,
miners on the section, and the appropriate State agency will be
informed within a reasonable time prior to the conference, and all
persons who will be present during the mining through will attend and
participate. The conference may be called by the operator and may be
conducted by teleconference; (3) Mining through a plugged well will be
done on a shift approved by the District Manager or designee; (4) The
District Manager or designee, representatives of the miners, the miners
on the section, and the appropriate State agency will be notified by
the operator in sufficient time prior to the mining through operation
in order to have an opportunity to have representatives present; (5)
When using continuous mining or conventional mining methods, drivage
sights not more than 50 feet from the well, will be installed at the
last open crosscut near the place to be mined to assure intersection of
the well. When using longwall mining methods, drivage sights will be
installed on 10-foot centers for a distance of 50 feet in advance of
the well bore. The drivage sights will be installed in the headgate and
tailgate; (6) Firefighting equipment, including fire extinguishers,
rock dust, and sufficient fire hose to reach the working face will be
available. The fire hose will be located near the working face. The
fire hose will be extended to the face area of the mine-through when
the longwall mining method is implemented. All fire hoses will be ready
for operation during the mine-through; (7) Sufficient supplies of roof
support and ventilation materials will be available and located not
more than two crosscuts outby the mining-through location on intake
air; (8) During the mine-through operation, the quantity of air
required by the ventilation plan, but not less than 10,800 cfm, will
reach each working face where coal is being cut, mined or loaded by
continuous mining or conventional mining methods being employed during
a mining through of a plugged well. The quantity of air required by the
ventilation plan, but not less than 65,000 cfm, will reach the working
face of the longwall during the mine-through operation; (9) Equipment
will be checked for permissibility and serviced on the maintenance
shift prior to mining through the well and the waterline maintained up
to the tail piece with a sufficient amount of fire hose to reach the
farthest point of penetration on the section; (10) The methane
monitor(s) on the continuous mining machine, cutting machine and
loading machine or longwall will be calibrated on the maintenance shift
prior to mining through the well; (11) When mining is in progress,
tests for methane will be made with a hand-held methane detector at
least every 10 minutes from the time mining is within 30 feet of the
well until the well is intersected and immediately prior to mining
through. During the actual cutting through process, no individual will
be allowed on the return side until mining through has been completed
and the area has been examined and declared safe; (12) When using
continuous or conventional mining methods, the working place will be
free of accumulations of coal dust and coal spillages, and rock dusting
will be conducted and placed on the roof, rib and floor to within 20
feet of the face when mining through the well. On longwall sections,
rock dusting will be conducted and placed on the roof, rib and floor up
to both the headgate and tailgate gob; (13) When the well bore is
intersected, all equipment will be de-energized and the place
thoroughly examined and determined safe before mining is resumed. Any
well casing will be removed and no open flame will be permitted in the
area until adequate ventilation has been established around the well
bore; (14) After a well has been intersected and the working place
determined safe, mining will continue inby the well a sufficient
distance to permit adequate ventilation around the area of the well
bore; (15) No person will be permitted in the area of the well mining-
through operation except those actually engaged in the operation,
company personnel, representatives of the miners, personnel from MSHA,
and personnel from the appropriate State agency; (16) The mining-
through operation will be under the direct supervision of a certified
individual; (17) Instructions concerning the mining-through operation
will be issued only by the certified individual in charge; and (18)
MSHA personnel may interrupt or halt the mining-through operation when
it is necessary for the safety of miners. The petitioner states that:
(1) A copy of the Proposed Decision and Order will be maintained at the
mine office and be available to the Secretary's representatives,
miners' representatives, and miners; and (2) within 60 days after the
Proposed Decision and Order becomes final, the petitioner will submit
proposed revisions to the approved Part 48 training plans to the
District Manager. These proposed revisions will include initial and
refresher training regarding compliance with the terms
[[Page 12799]]
and conditions stated in the Proposed Decision and Order. The
petitioner asserts that the proposed alternative method of achieving
the results of the standard proposed by Bridger Coal Company will at
all times guarantee no less than the same measure of protection
afforded the miner under the existing standard.
Docket Number: M-2010-003-C.
Petitioner: Brooks Run Mining Company, LLC, 208 Business Street,
Beckley, West Virginia 25801.
Mine: Wyoming No. 2 Mine, MSHA I. D. No. 46-06263, located in
Wyoming County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water
systems).
Modification Request: The petitioner requests a modification of the
existing standard to permit nozzles to be used without blow-off dust
covers for its deluge-type water spray system. The petitioner proposes
to continue its weekly inspection and functional testing of the
complete deluge-type water spray system, and remove blow-off dust
covers from the nozzles. The petitioner states that: (1) Currently each
nozzle is provided with a blow-off dust cover. In view of the frequent
inspections and functional testing of the system, the dust covers are
not necessary because the nozzles can be maintained in an unclogged
condition through weekly use; and (2) it is burdensome to recap the
large number of covers weekly after each inspection and functional
test. The petitioner asserts that the proposed alternative method will
at all times guarantee no less than the same measure of protection
afforded the miners employed by said standard.
Docket Number: M-2010-004-C.
Petitioner: Jim Walter Resources, P.O. Box 133, Brookwood, Alabama
35444.
Mine: No. 7 Mine, MSHA I. D. No. 01-01401, located in Tuscaloosa
County, Alabama.
Regulation Affected: 30 CFR 75.507 (Power connection points).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of one or more three-phase, 2,400-
volt or 4,160-volt alternating current submersible pumps installed in
return and bleeder entries in the No. 7 Mine. The petitioner states
that: (1) The three-phase, 2, 400-volt or 4,160-volt, alternating
current electric power circuit for each pump will be designed and
installed to: (a) Contain either a direct or derived neutral, which
will be grounded through a suitable resistor at the source transformer
or power center. A grounding circuit originating at the grounded side
of the grounding resistor must extend along with the power conductors
and serve as the grounding conductor for the frame of each pump and all
associated electric equipment that may be supplied power from each such
circuit. The borehole casing will be bonded to the system grounding
medium; and (b) contain a grounding resistor that limits the ground-
fault current to not more than 6.5 amperes. The grounding resistor must
be rated for the maximum fault current available and must be insulated
from ground for a voltage equal to the phase-to-phase voltage of the
system. (2) The following protections for each pump power circuit will
be provided by a suitable circuit interrupting device of adequate
interrupting capacity with devices to provide protection against
undervoltage, grounded phase, short-circuit, and overload: (a) The
undervoltage protection device will operate on a loss of voltage to
prevent automatic restarting of the equipment; (b) the grounded phase
protection device will be set not to exceed fifty percent (50%) of the
current rating of the neutral grounding resistor; (c) the short circuit
protection device will not be set to exceed the required short circuit
protection for the power cable or seventy-five percent (75%) of the
minimum available phase-to-phase short circuit current, whichever is
less; (d) each power circuit will contain a disconnecting device
located on the surface and installed to provide visual evidence that
the power is disconnected; (e) each disconnecting device will include a
means to visually determine the relevant pump power circuit is
disconnected and be provided with a means to lock, tag-out, and ground
the system; (f) each disconnecting device shall be designed to prevent
entry unless the disconnect handle is in the ``off'' position and the
circuit is grounded; and (g) each disconnecting device will be clearly
identified and provided with a warning sign stating, ``Danger do not
enter unless the circuit is opened, locked, tagged-out, and grounded''.
(3) Each three-phase, alternating current system will be provided with
a low resistance grounding medium for the grounding of the lightning/
surge arrestors for the high-voltage pump power circuit that is
separated from the neutral grounding medium by a distance of not less
than twenty-five (25) feet. (4) The electric control circuit(s) for
each pump will meet the following requirements: (a) The control circuit
will be equipped with a circuit that determines a high and low water
level; (b) when the water level is reached, the pump will cease
operation and will not start in either the manual or automatic mode;
(c) when the high water level is reached, the pump will be capable of
operation; (d) the high and low water levels will be determined by a
differential pressure switch located at the surface; (e) the grounded-
phase protective circuit for each pump will be able to be tested by
injecting a test current through the grounded-phase current
transformer; and (f) a remote control and monitoring system can be used
with a pump system for condition monitoring and for remote startup and
shutdown control of the pump. The remote control and monitoring system
will not allow remote reset of the pump power system when any fault
condition (e.g., grounded phase, short circuit, or overload) exists on
the system. (5) Each surface pump control and power circuit will be
examined as required by 30 CFR 77.502. (6) The power cable to each
submersible pump motor must be suitable for this application, have a
current carrying capacity not less than one-hundred twenty-five percent
(125%) of the full load motor current of the submersible pump motor,
and have an outer jacket suitable for a wet location. The power cable
must be supported at the entrance to the borehole and throughout its
length by securing it with clamps, spaced approximately twenty-five
feet (25') apart, affixed to the discharge pipe casing. (7) A device
will be installed to monitor ground continuity from the starter box to
the well head. (8) The starter will be equipped with ground fault
``look-ahead'' device to prevent the motor from being energized during
a fault condition. (9) Each pump installation must comply with all
other applicable requirement of 30 CFR. (10) Within sixty (60) days
after this petition is granted, petitioner will submit proposed
revisions for their approved Part 48 training plan to the District 11
Manager. These provisions will specify task training for all qualified
mine electricians who perform electric work, monthly examinations as
required by 30 CFR 77.502, and refresher training regarding the
alternative method outlined in the petition. The procedures of 30 CFR
48.3 for approval of proposed revisions to already approved training
plans will apply. The petitioner asserts that the alternate method of
achieving the result of the existing standard will at all times
guarantee no less than the same measure of protection afforded the
miners by the present application of the standard.
[[Page 12800]]
Dated: March 12, 2010.
Patricia W. Silvey,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2010-5787 Filed 3-16-10; 8:45 am]
BILLING CODE 4510-43-P