[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Notices]
[Pages 2722-2725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-687]


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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.

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 February 14, 2011.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#750f0f38263d3458161a1818101b010635111a195b121a03"><span class="__cf_email__" data-cfemail="c5bfbf88968d84e8a6aaa8a8a0abb1b685a1aaa9eba2aab3">[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: Roslyn B. Fontaine, 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: Roslyn B. Fontaine, 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#45272437372a2b6b2724372724372405212a296b222a33"><span class="__cf_email__" data-cfemail="1c7e7d6e6e7372327e7d6e7e7d6e7d5c787370327b736a">[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 Sec. Sec.  44.10 and 44.11 establish the 
requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2010-044-C.
    Petitioner: Emerald Coal Resources, LP, Three Gateway Center, Suite 
1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mine: Emerald Mine, MSHA I.D. No. 36-05466, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
the standard with respect to vertical degasification wells with 
horizontal laterals into the underground coal seam. The Emerald Mine 
proposes to plug vertically drilled degasification gas wells in order 
to mine through them. The petitioner proposes to use the following 
procedures when mining through vertically drilled degasification 
boreholes with horizontal laterals to permit mining through the 
boreholes: (a) Plugging Procedures: (1) The borehole will be filled 
with flexible gel prior to the anticipated mine through. Alternative 
grouting methods including cementations or polyurethane grout may be 
used; (2) a packer will be installed at a location in the lateral to 
ensure that an appropriate amount of the lateral will be filled with 
gel; (3) any water present in the hole will be tested for chlorides 
prior to the time of the gelling. The gel quality will be adjusted to 
compensate for the chloride concentration; (4) a triplex piston pump 
will be utilized to pump (1.75) times the calculated hole volume of gel 
underground. The calculated volume of gel will be pumped until the 
volume of gel is depleted, (100-140) psi pressure is realized, or until 
gel leakage is observed along the ribs underground. The gel will be 
pumped through the drill string and inflated packer equipped with a 
one-way check valve. After the calculated (1.75) times the hole volume 
of gel has been pumped, a robber wiper will be run down the string 
under the wiper to the top of the packer will be the final gel 
injection pressure. The one-way check valve will prevent the gel to 
flow back into the drill string; and (5) the volume of fill required 
will be calculated and (1.75) times that amount will be pumped unless 
the (100-140) psi pressure is reached: (b) Procedures for mining 
through degasification boreholes that are plugged as specified: (1) 
Prior to mining within 300 feet of the boreholes or lateral, MSHA, the 
Bureau of Deep Mine Safety, and a representative of the miners will be 
notified. This notification will be both verbally and through a letter 
accompanied by a drawing of the borehole location and a copy of a 
certification that plugging has occurred as specified in this petition; 
(2) the District Mine inspector from the Bureau of Deep Mine Safety, 
MSHA District Manager, and a representative of the United Mine Workers 
of America will be notified in sufficient time prior to the mining 
through to have representatives present during the actual mining 
through operations if they so choose; (3) at the beginning of the shift 
in which a

[[Page 2723]]

borehole or lateral will be mined through, all personnel working 
underground will be informed of the cut through and of the 
communication procedure to be used. Management will insure that all 
personnel can be promptly informed of any problem that might develop 
during the borehole or lateral mine through; (4) when mining approaches 
to within 10 feet of cutting into the plugged borehole or lateral (10 
feet is the radius from the hole plot) a designated person in each 
operating section will be posted within hearing distance of the section 
phone until the mine through is complete and an ``all clear'' command 
is given. All miners in the mine will be working in known locations 
within easy reach of a communications system. Mining can continue 
between shifts and during shift changes. The communications systems 
will be checked at the beginning of the shift and when within 10 feet 
of the cut through. Preshift examinations by certified persons may 
continue as required during the borehole mine through; (5) the mining 
through will be done with only the miners actually engaged in the 
mining through operation on the split of air. Those people necessary 
for safe, efficient continuous miner operation will be permitted to 
work on the same split of air and the borehole will be permitted to 
work on the same split of air and the borehole or lateral mine through, 
including the people working on haulage, conveyors, ventilation, roof 
control, etc. All other miners will be in splits of air not being used 
to ventilate the section of the mine through. When the distance from 
the face to the borehole or lateral reaches 10 feet, all workers will 
notified and no mining will be done within 20 feet on either side until 
all persons (except those mentioned above) have been withdrawn to 
another split or air; (6) Firefighting equipment, including fire 
extinguishers and rock dust will be available at the mine through site, 
and enough fire hoses will be available to reach the entire working 
face. Sufficient supplies of ventilation materials will be available 
near the working face; (7) The methane monitor on the continuous miner 
will be calibrated on the shift prior to the mining through operation; 
(8) A drivage sight will be installed at the last breakthrough to 
ensure intersection of the borehole or lateral and again, if necessary, 
to ensure that the last sight is not farther than 50 feet from the 
borehole or lateral. The anticipated mine through location will be 
identified underground by known survey points; (9) When mining is in 
progress, tests for methane will be made with a handheld methane 
detector at least every 10 minutes from the time that mining is within 
30 feet of the borehole or until lateral is intersected; (10) A 
permissibility check will be made on the section face equipment on the 
shift prior to the mining through operation or immediately prior to 
mining into the 10 foot radius surrounding the borehole or lateral. The 
permissibility check done immediately prior to mining will suffice 
until the well is mined through; (11) If methane is detected 1-foot 
from the rib and 1-foot above the intersected borehole or lateral at 1 
percent or greater, mining will cease and steps will be taken to reduce 
the methane concentration to below 1 percent to resuming mining; (12) 
When mining through the area identified to be within the 10 foot radius 
of the borehole or lateral, no one will be permitted to work on the 
return/inby inside of the borehole or lateral until the borehole or 
lateral is completely mined through and determined to be safe; (13) 
When the borehole or lateral is contacted, all face equipment inby the 
last open crosscut will be deenergized, and the place thoroughly 
examined and determined safe before mining is resumed. The section 
auxiliary fan will continue to operate as long as the methane 
concentration in the working place remains at less than 1 percent. Any 
casing will be removed and no open flame will be permitted in the area 
until adequate ventilation has been established around the borehole or 
lateral. Communications will be made throughout the mine when the 
borehole or lateral is completely mined through and determined to be 
safe; (14) The mining through operation will be under the direct 
supervision of the mine foreman or a certified person designated by the 
mine foreman. Instructions concerning the mining through operation will 
be issued by the mine foreman or a certified person designated by him 
to be in charge, rather than others, to avoid confusion; (15) If a void 
is encountered at the mine through and the methane reading is less than 
1 percent, mining may continue. If methane levels are greater than 1 
percent, mining will cease. To correct the situation, a mechanical or 
air packer will be installed in the rib toward the wellhead. This 
packer may be sealed in to prevent leakage from the wellhead side of 
the mined through hole. A mechanical or air packer will be installed on 
the inby side of the mined through hole. The void may be water infused 
or grouted to seal the opening when additional hole intercepts and mine 
through are anticipated (i.e., No. 2 and No. 1 entries); (16) The above 
mining procedure will be reviewed with all personnel involved in the 
mining through operation prior to the intersection of the plugged 
borehole or lateral. A drawing will be provided for each well to be 
mined through. This drawing will be reviewed with all personnel engaged 
in the actual mine through of the borehole or lateral. The petitioner 
asserts that the proposed alternative method will at all times 
guarantee no less than the same measure of protection afforded the 
miners under the existing standard.

    Docket Number: M-2010-045-C.
    Petitioner: Rhino Eastern LLC, P.O. Box 260, Bolt, West Virginia 
25817.
    Mine: Eagle No. 1 Mine, MSHA I.D. No. 46-08758, located in Raleigh 
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 permit deluge-type water spray systems to be used 
without blow-off dust covers on the nozzles. The petitioner states 
that: (1) Weekly inspections and functional tests of its complete 
deluge-type water spray system are currently being conducted at the 
mine; (2) each nozzle is provided with a blow-off dust cover; (3) due 
to 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. This will eliminate a potential 
hazard when reaching across or removing guarding to replace the caps; 
(4) it is burdensome to recap the large number of covers weekly after 
each inspection and functional test. The petitioner proposes to 
continue its weekly inspection and functional testing of the complete 
deluge-type water spray system at the Eagle No. 1 Mine, and to remove 
the blow-off dust covers from the nozzles. The petitioner asserts that 
the proposed alternative method will at all times guarantee no less 
than the same measure of protection afforded the miners as would be 
provided by the existing standard.

    Docket Number: M-2010-046-C.
    Petitioner: Cobra Natural Resources, LLC, P.O. Box 40, Wharncliffe, 
West Virginia 25651.
    Mine: Mountaineer Alma A Mine, MSHA I.D. No. 46-08730, 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 permit deluge-type water

[[Page 2724]]

spray systems to be used without blow-off dust covers on the nozzles. 
The petitioner states that: (1) Weekly inspections and functional tests 
of its complete deluge-type water spray system are currently being 
conducted at the mine; (2) each nozzle is provided with a blow-off dust 
cover; (3) due to 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; (4) it is 
burdensome to recap the large number of covers weekly after each 
inspection and functional test. The petitioner proposes to continue its 
weekly inspection and functional testing of the complete deluge-type 
water spray system at the Eagle No. 1 Mine, and to remove the blow-off 
dust covers from the nozzles. The petitioner asserts that the proposed 
alternative method will at all times guarantee no less than the same 
measure of protection afforded the miners as would be provided by the 
existing standard.

    Docket Number: M-2010-047-C.
    Petitioner: Canyon Fuel Company, LLC, 597 South SR24, Salina, Utah 
84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard as it applies to low-voltage or battery-powered non-
permissible electronic testing and diagnostic equipment within 150 feet 
of pillar workings under controlled conditions. The petitioner proposes 
to use non-permissible low-voltage or battery-powered electronic 
testing and diagnostic equipment that would be limited to laptop 
computers, oscilloscopes, vibration analysis machines, cable fault 
detectors, point temperature probes, infrared temperature devices and 
recorders, pressure and flow measurement devices, signal analyzer 
devices, ultrasonic measuring devices, electronic component testers and 
electronic tachometers. The petitioner states that: (1) Permissible 
approved voltage measuring instruments are available and must be used 
when possible; (2) other testing and diagnostic equipment may be used 
if approved in advance by MSHA's District Office; (3) all other testing 
and diagnostic equipment used in or inby the last open crosscut will be 
permissible; (3) all non-permissible testing and diagnostic equipment 
used in or inby the last open crosscut will be examined by a certified 
person before use to ensure equipment is being maintained in a safe 
operating condition; (4) examination results will be recorded in the 
examination book before the equipment is used and will be made 
available to an authorized representative of the Secretary and the 
miners at the mine; (5) a qualified person will continuously monitor 
for methane immediately before and during the use of non-permissible 
electronic testing and diagnostic equipment in or inby the last open 
crosscut; (6) non-permissible electronic testing and diagnostic 
equipment will not be used if methane is detected in concentrations at 
or above 1.0 percent methane. When 1.0 percent or more methane is 
detected while the non-permissible electronic equipment is being used, 
the equipment will be immediately de-energized and withdrawn to outby 
the last open crosscut; (7) all hand-held methane detectors will be 
MSHA approved and maintained in permissible and proper operating 
condition as defined in existing 30 CFR 75.320; (8) coal production 
will cease, except for the time necessary to troubleshoot under actual 
mining conditions. Coal may remain in or on the equipment in order to 
test and diagnose the equipment under a load. This change will require 
production to cease except during actual testing. Accumulations of coal 
and combustible materials referenced in 30 CFR 75.400 will be removed 
before testing begins to provide additional safety to miners; (9) non-
permissible electronic test and diagnostic equipment will not be used 
to test equipment when float coal dust is in suspension; (10) all 
electronic and diagnostic equipment will be used in accordance with the 
manufacturer's recommended safe use procedures; (11) qualified 
personnel engaged in the use of electronic test and diagnostic 
equipment will be properly trained to recognize the hazards and 
limitations associated with the use of electronic test and diagnostic 
equipment; (12) any piece of equipment subject to this petition will be 
inspected by an authorized representative of the Secretary prior to 
initially placing it in service underground; (13) within 60 days after 
this petition for modification becomes final, the petitioner will 
submit proposed revisions for their approved 30 CFR Part 48 training 
plan to the District Manager. In addition to the requirements specified 
in Item No. 8 and 9, these proposed revisions will specify initial and 
refresher training regarding compliance with the terms and conditions 
stated in the Proposed Decision and Order; (14) cables supplying power 
to low-voltage test and diagnostic equipment will only be used when 
permissible testing and diagnostic equipment are unavailable. The 
petitioner asserts that the proposed alternative method will guarantee 
no less than the same protection afforded by the standard.

    Docket Number: M-2010-048-C.
    Petitioner: Canyon Fuel Company, LLC, 597 South SR24, Salina, Utah 
84654.
    Mine: Sufco Mine, MSHA I.D. No. 42-00089, located in Sevier County, 
Utah.
    Regulation Affected: 30 CFR 75.1002 (Installation of electric 
equipment and conductors; permissibility).
    Modification Request: The petitioner requests a modification of the 
existing standard as it applies to low-voltage or battery-powered non-
permissible electronic testing and diagnostic equipment within 150 feet 
of pillar workings under controlled conditions. The petitioner proposes 
to use non-permissible low-voltage or battery-powered electronic 
testing and diagnostic equipment that would be limited to laptop 
computers, oscilloscopes, vibration analysis machines, cable fault 
detectors, point temperature probes, infrared temperature devices and 
recorders, pressure and flow measurement devices, signal analyzer 
devices, ultrasonic measuring devices, electronic component testers and 
electronic tachometers. The petitioner states that: (1) Permissible 
approved voltage measuring instruments are available and must be used 
when possible; (2) other testing and diagnostic equipment may be used 
if approved in advance by MSHA's District Office; (3) all other testing 
and diagnostic equipment used in or inby the last open crosscut will be 
permissible; (3) all non-permissible testing and diagnostic equipment 
used in or inby the last open crosscut will be examined by a certified 
person before use to ensure equipment is being maintained in a safe 
operating condition; (4) examination results will be recorded in the 
examination book before the equipment is used and will be made 
available to an authorized representative of the Secretary and the 
miners at the mine; (5) a qualified person will continuously monitor 
for methane immediately before and during the use of non-permissible 
electronic testing and diagnostic equipment in or inby the last open 
crosscut; (6) non-permissible electronic testing and diagnostic 
equipment will not be used if methane is detected in concentrations at 
or above 1.0 percent methane. When 1.0 percent or more methane is 
detected while the non-permissible electronic

[[Page 2725]]

equipment is being used, the equipment will be immediately de-energized 
and withdrawn to outby the last open crosscut; (7) all hand-held 
methane detectors will be MSHA approved and maintained in permissible 
and proper operating condition as defined in existing 30 CFR 75.320; 
(8) coal production will cease, except for the time necessary to 
troubleshoot under actual mining conditions. Coal may remain in or on 
the equipment in order to test and diagnose the equipment under a load. 
This change will require production to cease except during actual 
testing. Accumulations of coal and combustible materials referenced in 
30 CFR 75.400 will be removed before testing begins to provide 
additional safety to miners; (9) non-permissible electronic test and 
diagnostic equipment will not be used to test equipment when float coal 
dust is in suspension; (10) all electronic and diagnostic equipment 
will be used in accordance with the manufacturer's recommended safe use 
procedures; (11) qualified personnel engaged in the use of electronic 
test and diagnostic equipment will be properly trained to recognize the 
hazards and limitations associated with the use of electronic test and 
diagnostic equipment; (12) any piece of equipment subject to this 
petition will be inspected by an authorized representative of the 
Secretary prior to initially placing it in service underground; (13) 
within 60 days after this petition for modification becomes final, the 
petitioner will submit proposed revisions for their approved 30 CFR 
Part 48 training plan to the District Manager. In addition to the 
requirements specified in Item No. 8 and 9, these proposed revisions 
will specify initial and refresher training regarding compliance with 
the terms and conditions stated in the Proposed Decision and Order; 
(14) cables supplying power to low-voltage test and diagnostic 
equipment will only be used when permissible testing and diagnostic 
equipment are unavailable. The petitioner asserts that the proposed 
alternative method will guarantee no less than the same protection 
afforded by the standard.

    Docket Number: M-2010-049-C.
    Petitioner: Speed Mining, Inc., 1600 Laidley Tower, P.O. Box 553, 
Charleston, West Virginia 25322.
    Mine: American Eagle Mine, MSHA I.D. No. 46-05437, located in 
Kanawha County, West Virginia.
    Regulation Affected: 30 CFR 75.1403-5(g) (Criteria--Belt 
conveyors).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow less than 24 inches of clearance at belt 
locations due to initial design and construction of the entries by the 
former owner of the mine. The petitioner states that: (1) Speed Mining 
is unable to maintain 24 inches of clearance because of the initial 
design and construction of the entries by the former owner of the mine; 
(2) approximately eight years ago, the former operator designed the 
section such that the track and conveyor belt would run in the same 
entry; (3) because the track and belt run together, and there is a need 
for some supplemental roof control along certain portions of the belt, 
it is impossible to provide 24 inches of clearance along the belt; (4) 
the requested modification has essentially been in place since the 
former operator's construction of the entries, with no objection from 
MSHA. Speed Mining is seeking to continue the former owner's practice. 
The petitioner further states that: (1) Adequate signs indicating close 
clearance will be installed on the inby and outby sides of the close 
clearance areas; (2) no work or travel will be allowed in the close 
clearance area while the belt is running; (3) belt cut-off switches 
will be installed on the inby and outby sides of the close clearance 
area; (4) the belt stoppage switches will be installed in a manner that 
will not allow the belt to be started at another location; (5) before 
any work is performed in the affected area, the power to the belt will 
be cut, locked and tagged; (6) signs will be installed to direct foot 
traffic traveling on the off side of the belt around the block until 
the close clearance area has been passed; (7) all employees who will be 
affected by this modification approval will be made aware of the 
stipulations. The petitioner asserts that the proposed alternative 
method will not result in a diminution of safety to the miners.

    Dated: January 10, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-687 Filed 1-13-11; 8:45 am]
BILLING CODE 4510-43-P


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