[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16641-16643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6919]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Existing Mandatory Safety Standards
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
[[Page 16642]]
ACTION: Notice.
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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 25, 2011.
ADDRESSES: You may submit your comments, identified by the petition's
``docket number'' on the subject line, using 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: 1-202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: April E. Nelson, Acting 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: April E. Nelson, Acting 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 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-2011-001-C.
Petitioner: Left Fork Mining Company, Inc., P.O. Box 13, Arjay,
Kentucky 40902.
Mines: Straight Creek No. 1 Mine, MSHA I.D. No 15-12564, located in
Bell 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 evaluation points to be established for
weekly evaluation of the affected area of the intake return. The
petitioner states that: (1) This petition is necessary for the intake
slope entry due to a 26 degree incline. Three evaluation points located
along the slope entry will be established for weekly evaluation of the
affected area; (2) a certified person will examine each of the
evaluation points at least every 7 days, including: (a) examine for
hazards on the approaches to and at the evaluation points: (b) evaluate
and measure the quality and quantity of air flowing past the evaluation
points to determine the methane, oxygen, and carbon monoxide
concentrations using a MSHA approved hand-held device; (c) measure air
quantity using an appropriately calibrated anemometer; (d) not
permitting harmful gases to accumulate in exceed of the legal limits
for a return air course; (e) if an increase of 0.5 percent methane
above the previous reading or a 10 percent unplanned change in airflow
quantity from the previous reading is determined at these evaluation
points, an immediate examination and evaluation of the cause will be
conducted; (f) a date board will be provided at each evaluation point
where a certified examiner will record the date, time, and his or her
initials; and (g) the results of each weekly examination in a book
maintained on the surface; (3) the permanent ventilation controls and
evaluation points will be shown on the annual mine ventilation map in
accordance with 30 CFR 75.372; and (4) all evaluation points and
approaches to the evaluation points will be maintained in a safe
condition at all times. The petitioner asserts that the proposed
alternative method will at all times guarantee no less than the same
measure of protection afforded by the existing standard.
Docket Number: M-2011-002-C.
Petitioner: Rosebud Mining Company, P.O. Box 1025, Northern
Cambria, Pennsylvania 15714.
Mines: Beaver Valley Mine, MSHA I.D. No. 36-08725, located in
Beaver County, Pennsylvania. Bergholz Mine, MSHA I.D. No. 33-04565,
located in Jefferson County, Ohio. Cherry Tree Mine, MSHA I.D. No. 36-
09224; Harmony Mine, MSHA I.D. No. 36-09477; Penfield Mine, MSHA I.D.
No. 36-09355, located in Clearfield County, Pennsylvania. Clementine
Mine, MSHA I.D. No. 36-08862; Darmac 2 Mine, MSHA I.D. No. 36-
08135; Dutch Run Mine, MSHA I.D. No. 36-0870; Logansport Mine, MSHA
I.D. No. 36-08841; Tracy Lynne Mine, MSHA I.D. No. 36-08603, located in
Armstrong County, Pennsylvania. Heilwood Mine, MSHA I.D. No. 36-09407;
Knob Creek Mine, MSHA I.D. No. 36-09394; Lowry Mine, MSHA I.D. No. 36-
09287; Tom's Run Mine, MSHA I.D. No. 36-08525, located in Indiana
County, Pennsylvania. Little Toby Mine, MSHA I.D. No. 36-08847, located
in Elk County, Pennsylvania. Mine 78, MSHA I.D. No. 36-09371, located
in Somerset County, Pennsylvania. Tusky Mine, MSHA I.D. No. 33-04509,
located in Tuscarawas County, Ohio. Twin Rocks Mine, MSHA I.D. 36-
08836, located in Cambria County, Pennsylvania.
Regulation Affected: 30 CFR 75.503 (Permissible electric face
equipment) and 30 CFR 18.35(a)(2) (Portable trailing cables and cords).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of MSHA approved five (5) conductor
10 American Wire Gauge (AWG) cable (SO cable) with a diameter of 0.77
with a tolerance of +/- 0.03. The petitioner states that: (1) The cable
will be hung on insulated hangers for the entire length at all times;
(2) within 60 days after the proposed decision and order becomes final,
proposed revisions for its approved 30 CFR part 48 training plan will
be submitted to the District Manager. In addition, the proposed
revisions will specify initial and refresher training regarding the
terms and conditions stated in the proposed decision and order. The
petitioner asserts that the proposed alternative method will at all
times guarantee no less than the same measure of protection afforded by
the standard.
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Docket Number: M-2011-003-C.
Petitioner: Frasure Creek Mining, LLC, P.O. Box 142, Justice, West
Virginia 24851.
Mine: Deep Mine No. 11, MSHA I.D. No. 46-09329, located in Fayette
County, West Virginia, and Isaban Deep Mine No. 3, MSHA I.D. No. 46-
09245, located in Mingo County, West Virginia.
Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray
systems).
Modification Request: The petitioner requests a modification of the
existing standard to eliminate the use of blow-off dust covers for the
spray nozzles of a deluge-type water spray system. The petitioner
proposes to conduct a weekly inspection and functional test of its
complete deluge-type spray system. The petitioner states that: (1) The
system consists of an average of thirty (30) sprays along each of
approximately ten (10) primary belt-conveyor drives and an average of
sixty (60) sprays along each of eight (8) secondary drives; (2) the
nozzles are currently provided with blow-off dust covers, but the dust
covers are not necessary because the nozzles can be maintained in an
unclogged condition through weekly use; and (3) 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 than the existing standard.
Docket Number: M-2011-001-M.
Petitioner: Carmeuse Industrial Sands, P.O. Box 429, Brady, Texas
76825.
Mine: Brady Plant, MSHA I.D. No. 41-01371, located in McCulloch
County, Texas.
Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
Modification Request: The petitioner requests a modification of the
existing standard to permit the implementation of a clothes cleaning
booth process that has been jointly developed with and successfully
tested by the National Institute for Occupational Safety and Health
(NIOSH). This process utilizes controlled compressed air for the
purpose of cleaning miners' dust laden clothing. The petitioner states:
(1) Only miners trained in the operation of the NIOSH-tested clothes
cleaning booth process will be permitted to use the process. (2)
Clothes cleaning booth process training will be incorporated into the
Part 46 training plan. (3) All miners entering the NIOSH-tested clothes
cleaning booth will be required to wear full seal goggles for eye
protection, ear plugs or muffs for hearing protection, and fit-tested
respirators with N100 filters for respiratory protection. (4) The
clothes cleaning booth will have a caution sign, conspicuously posted,
indicating that the use of respirators, hearing protection, and goggles
are required before entering the booth. (5) Air pressure through the
spray manifold will be limited to 30 pounds per square inch. A lock-box
with a single key controlled by the Plant Manager will be used to
prevent tampering with the regulator. (6) The air spray manifold will
consist of 1.5 inch schedule 80 pipe, which has a failure pressure of
1,300 pounds per square inch, capped at the base and actuated by an
electrically-controlled ball valve at the top. (7) The air spray
manifold will contain 26 total nozzles of which 25 will be 18.4 SCFM @
3 psig and the 26th and lowermost nozzle will be 19.2 SCFM @ 30 psig.
(8) The uppermost spray nozzle will be located at a height of not more
than 56 inches. Those miners with a shoulder height less than 56 inches
will use mechanical air spray deflectors, which are quick, effective,
and easy to use. (9) Miners will be use side deflectors to eliminate
the possibility of incidental contact with the air nozzles during use
of the clothes cleaning booth. (10) Spraying Systems Company Nozzle No.
AA727-23 contains a recessed design to provide air escape should the
nozzle be accidentally placed against a surface. (11) An electrically
actuated valve will be inter-locked into the bag house dust collector
to prevent use of the clothes cleaning booth if the dust collection
system is not functioning or inoperable. (12) The clothes cleaning
booth will be fitted with a stand-alone dust collection system. (13)
Airflow through the clothes cleaning booth will be sufficient to
maintain negative pressure during its use in order to prevent
contamination of the environment outside of the booth. (14) The air
receiver tank supplying air to the manifold system will be of
sufficient volume to permit not less than 20 seconds of continuous
cleaning time. (15) Airflow through the booth will be in the downward
direction, thereby moving contaminants away from the miner's breathing
zone. (16) Miners entering the clothes cleaning booth will perform
regular user checks examining the valves and nozzle for damage of
malfunction and ensure that the door is fully closed before opening the
air valve. (17) Periodic maintenance checks will be performed in
accordance with the NIOSH recommendation contained within the ``Clothes
Cleaning Process Instruction Manual.'' No significant safety or health
concerns have been identified because the eyes are protected by full
seal goggles, the skin is protected by work clothes, hearing is
protected by plugs or muffs, and the lungs are protected by a
respirator, and air is limited to 30 pounds per square inch, which is
the Occupational Safety and Health Administration (OSHA) limit for
cleaning purposes. The petitioner asserts that the cleaning process
will provide a more effective clothes cleaning method and a direct
reduction of a miners' exposure to respirable crystalline silica dust,
thus reducing their health risks while providing no less a degree of
safety than that provided by the standard.
Dated: March 18, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-6919 Filed 3-23-11; 8:45 am]
BILLING CODE 4510-43-P