81 FR 11841 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 44 (March 7, 2016)

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below.

[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11841-11844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04930]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations Part 44 govern the 
application, processing, and disposition of petitions for modification. 
This notice is a summary of petitions for modification submitted to the 
Mine Safety and Health Administration (MSHA) by the parties listed 
below.

DATES: All comments on the petitions must be received by the MSHA's 
Office of Standards, Regulations, and Variances on or before April 6, 
2016.

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]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petitions 
and comments during normal business hours at the address listed above.
    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.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [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 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. 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

[[Page 11842]]

requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2016-002-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the reduction of two mine rescue teams with 
five members and one alternate each to two mine rescue teams of three 
members with one alternate for either team. The petitioner states that:
    (1) The underground mine is a small mine and there is hardly enough 
physical room to accommodate more than three or four miners in the 
working places. An attempt to utilize five or more rescue team members 
in the mine's confined working places would result in a diminution of 
safety to both the miners at the mine and members of the rescue team.
    (2) Records of Mine Emergency responses over the last 20 years 
indicate that rescue and recovery operations conducted by Anthracite 
Underground Rescue, Inc. (AUGR) have never utilized more than one team. 
In addition, when one rescue team was utilized there were no more than 
three members traveling to a working place simultaneously.
    (3) The electric power does not reach beyond the bottom of the 
slope. Therefore, all coal haulage is done by hand trammed cars or 
battery electric motor and car at very slow rates of speed. These facts 
considerably reduce the risk of a disaster and the need for as many 
mine rescue team members as required by the regulations.
    (4) The employment in the underground anthracite mines has 
decreased substantially and the ratio of mine rescue teams to 
underground miners has correspondingly been reduced. The loss of the 
underground work force dramatically reduces the pool of qualified 
people available to fill mine rescue positions.
    (5) Pennsylvania Deep Mine Safety presently has four deep mine 
inspectors that have deep mine rescue training and are pledged to 
assist if required in an emergency. In addition, the surrounding small 
mines have always provided assistance during mine emergencies.
    (6) As a result of poor market conditions and a significant number 
of underground mines now conducting final pillar recovery, the downward 
trends are expected to continue.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-003-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.335 (Seal strength, design 
application, and installation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of seal construction 
employing wooden material of moderate size and weight due to the 
difficulty in accessing previously driven headings and breasts 
containing the inaccessible abandoned workings through the use of 
homemade ladders. The petitioner requests that a design criteria in the 
10 psi range be accepted due to the non-explosibility of anthracite 
coal dust and minimal potential for either an accumulation of methane 
in previously mined pitching veins or an ignition source in the gob 
area. The petitioner states that seals installed in pairs permit the 
water trap to be installed only in the gangway seal (lowest elevation) 
and sampling tube in the monkey (higher elevation) seal. The petitioner 
also states that:
    (1) The required transportation of solid concrete blocks or 
equivalent materials manually on ladders on pitching anthracite veins 
will expose miners to greater hazard(s) of falling, being struck by 
falling materials or resulting strains or sprains due to the weight of 
the materials.
    (2) No evidence of ignition in accessible abandoned anthracite 
workings has been found to date.
    (3) In veins pitching greater than 45 degrees the weight of the 
seal is transferred to the low side rib (coal).
    (4) Irregularly shaped anthracite openings would require 
substantial cutting of rectangular blocks to insure proper tie-in to 
hitches in the top rock, bottom rock and low side coal rib.
    (5) Concrete block and mortar construction for openings parallel to 
the pitching vein would be almost impossible to construct and subject 
to failure merely by its own weight.
    (6) Isolation of inaccessible abandoned workings from an active 
section will permit natural venting of any potential methane build-up 
through surface breeches, and the mine has not experienced measurable 
liberations of methane to date.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-004-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed 
intervals).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of examination and 
evaluation, including a visual examination of each seal, for physical 
damage from the slope gunboat during the pre-shift examination to occur 
after an air quantity reading is taken just inby the intake portal. An 
additional air reading and gas test for methane and oxygen deficiency 
will then be taken at the intake air split location(s) just off the 
slope in the gangway portion of the working section. The examiner will 
place the date, time, and their initials at the locations where air 
readings and gas tests are taken and the results will be properly 
recorded prior to anyone entering the mine.
    The slope will be traveled and physically examined for its entire 
length on a monthly basis with dates, times and initials placed at 
sufficient locations throughout, and results of the examination 
recorded on the surface. Any hazards found will be corrected prior to 
personnel transportation in the slope. The petitioner states that:
    (1) The intake haulage slope on moderate to steep pitch of 66 
degrees is equipped with a ladder as part of its escapeway requirement. 
If an examination had to be conducted, platforms across the ladder at 
multiple locations would require miners to climb around each platform 
obstruction, significantly increasing a fall hazard down the slope.
    (2) If examinations were conducted and platforms not provided, a 
significant injury or fall potential exists each time a miner gets in 
and out of the gunboat.
    (3) Accurate air readings cannot be obtained with the gunboat 
blocking a major portion of the intake slope. If platforms were 
installed across the intake almost total restriction of the mine's only 
intake would occur.
    (4) Since the intake haulage slope is the mine's only intake, 
oxygen deficiency is highly unlikely.

[[Page 11843]]

    (5) Due to wet conditions in the mine, dates, times, and initials 
frequently disappear in a matter of hours.
    (6) Anthracite coal historically liberates methane only during 
active mining thereby eliminating the likelihood of methane leaking 
from inaccessible abandoned areas into the intake slope. Any such 
leakage would be detected at the proposed sampling location at each 
intake air split on the gangway.
    (7) The return slope airway is located immediately adjacent to the 
intake slope and air leakage would occur toward the return.
    (8) While air losses from the intake to the return slopes are 
anticipated, a significant change in readings from those of the 
previous day to week would warrant additional air readings and gas test 
at various locations in the slope. Significant changes in readings, 
however, occur on a seasonal basis as a result of natural ventilation 
changes and should not be use as a basis for evaluating the efficiency 
of the mine's ventilation system.
    (9) Only increases in air quantity readings obtained just inby the 
slope portal when measured in the slope are indicative of air leakage 
through seals in the wrong direction.
    (10) Examination of the intake haulage slope on a monthly basis 
will ensure the safety of miners traveling the intake escapeway and 
significantly minimize the fall hazard potential of miners conducting 
examinations.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-005-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of cross-sections in lieu of 
contour lines through the intake slope, at locations of rock tunnel 
connections between veins, and at 1,000 feet intervals of advance from 
the intake slope and to limit the required mapping of miner workings 
above and below to those present within 100 feet of the vein(s) being 
mined unless veins are interconnected to other veins beyond the 100 
feet limit, through rock tunnels. The petitioner states that:
    (1) Due to the steep pitch encountered in mining anthracite coal 
veins, contours provide no useful information and their presence would 
make portions of the map illegible.
    (2) Use of cross-sections in lieu of contour lines has been 
practiced since the late 1800's and provides critical information 
relative to the spacing between vein and proximity to other mine 
workings which fluctuate considerably.
    (3) The vast majority of current underground anthracite mining 
involves either second mining of remnant pillars from previous mining/
mine operators or the mining of veins of lower quality in proximity to 
inaccessible and frequently flooded abandoned mine workings which may 
or may not be mapped.
    (4) All mapping for mines above and below is researched by the 
petitioner's contract engineer for the presence of interconnecting rock 
tunnels between veins in relation to the mine and a hazard analysis is 
done when mapping indicates the presence of known or potentially 
flooded workings.
    (5) When no rock tunnel connections are found, mine workings found 
to exist beyond 100 feet from the mine are recognized as presenting no 
hazard to the mine due to the pitch of the vein rock separation 
between.
    (6) The mine workings above and below are usually inactive and 
abandoned and not usually subject to changes during the life of the 
mine.
    (7) Where evidence indicates prior mining was conducted on a vein 
above or below and research exhausts the availability of mine mapping, 
the vein will be considered to be mined and flooded and appropriate 
precautions taken through Sec.  75.388, where possible.
    (8) Where potential hazards exist and in mine drilling capabilities 
limit penetration, surface boreholes may be used to intercept the 
workings and the results analyzed prior to the beginning of mining in 
the affected area.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-006-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary 
notations, revisions and requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the required interval of survey to be 
established on an annual basis from the initial survey in lieu of every 
6 months as required. The petitioner proposes to continue to update the 
mine map by hand notations on a daily basis and conduct subsequent 
surveys prior to commencing retreat mining, and whenever either a 
drilling program is required by Sec.  75.388 or plan for mining into 
inaccessible areas is required by Sec.  75.389. The petitioner states 
that:
    (1) The low production and slow rate of advance in anthracite 
mining make surveying on 6-month intervals impractical. In most cases 
annual development is frequently limited to less than 500 feet of 
gangway advance with associated up-pitch development.
    (2) The vast majority of small anthracite mines use non-mechanized, 
hand-loading mining methods.
    (3) Development above the active gangway is designed to mine into 
the level above at designated intervals thereby maintaining sufficient 
control between both surveyed gangways.
    (4) The available engineering/surveyor resources are limited in the 
anthracite coal fields. Surveying on an annual basis is difficult to 
achieve with four individual contractors currently available.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-007-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a gunboat to transport persons 
without safety catches or other no less effective devices because, to 
date, no such safety catch or device is available for steeply pitching 
and undulating slopes with numerous curves and knuckles present in the 
main haulage slopes of anthracite mines. These mines range in length 
from 30 to 4200 feet and vary in pitch from 12 degrees and 75 degrees. 
The petitioner states that:
    (1) A functional safety catch has not yet been developed; 
consequently, the makeshift devices, if installed, would be activated 
on knuckles and curves when no emergency exists causing a tumbling 
effect on the conveyance that would increase rather than decrease the 
hazard to miners.

[[Page 11844]]

    (2) As an alternative, the petitioner proposes to operate the man 
cage or steel gunboat with secondary safety connections securely 
fastened around the gunboat and to the hoisting rope above the main 
connecting device and use hoisting ropes having a factor of safety in 
excess of the 4 to 8 to 1 as suggested in the American Standards 
Specifications for the Use of Wire Rope for Mines.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure or protection afforded the miners 
under the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-04930 Filed 3-4-16; 8:45 am]
BILLING CODE 4520-43-P