[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: <a href="/cdn-cgi/l/email-protection#a7ddddeaf4efe68ac4c8cacac2c9d3d4e7c3c8cb89c0c8d1"><span class="__cf_email__" data-cfemail="85ffffc8d6cdc4a8e6eae8e8e0ebf1f6c5e1eae9abe2eaf3">[email protected]</span></a>. 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), 
<a href="/cdn-cgi/l/email-protection#9af8fbe8e8f5f4b4f8fbe8f8fbe8fbdafef5f6b4fdf5ec"><span class="__cf_email__" data-cfemail="41232033332e2f6f2320332320332001252e2d6f262e37">[email protected]</span></a> (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 <greek-i>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.

[[Page 16643]]

    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


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