81 FR 24890 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 81 (April 27, 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 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24890-24891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09797]


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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 May 27, 
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, 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 requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2016-001-M.
    Petitioner: The Doe Run Company, Three Gateway Center, Suite 1500, 
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
    Mines: Buick Mine/Mill, MSHA I.D. No. 23-00457 and Viburnum No. 35 
(Casteel Mine), MSHA I.D. No. 23-01800, located in Iron County, 
Missouri; Sweetwater Mine/Mill, MSHA I.D. No. 23-00458, Fletcher Mine/
Mill, MSHA I.D. No. 23-00409, and Brushy Creek Mine/Mill, MSHA I.D. No. 
23-00499, located in Reynolds County, Missouri; and Viburnum No. 29 
Mine, MSHA I.D. No. 23-00495, located in Washington County, Missouri.
    Regulation Affected: 30 CFR 57.11050 (Escapeways and refuges).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance with 
respect to escapeways. The petitioner states that:
    (1) The Doe Run Company operates six underground lead mines near 
Viburnum, Missouri. The Buick Mine is

[[Page 24891]]

currently considered ``inactive'' by MSHA but mining is occurring 
within the boundaries of the mine. The mines consist of both 
development and production headings. Activities include drilling, 
blasting, scaling, loading, and hauling of ore.
    (2) All of Doe Run's mines access the elevation where the ore 
bodies are located by means of shafts. The ore body is accessed 
horizontally from such shafts. Each mine has two escapeways from what 
would be considered the lowest levels of each mine.
    (3) Provision of two escapeways from each working area will be 
difficult, burdensome and unnecessarily costly. It will involve, in 
part, mining areas where there is no ore present and it will consume 
extensive periods of time. There are numerous areas at issue and 
abatement may involve millions of dollars of expense in certain areas.
    (4) As an alternative to compliance to the existing standard 30 CFR 
57.11050, the petitioner proposes the following:
    (a) All active mining headings or development headings with more 
than 1000 feet of single access drift in the roadway leading to it will 
have a Designated Point of Safety (DPOS) within 1000 feet of every 
working heading.
    (b) In cases where the mining area opens up to multiple drifts inby 
the 1000 feet of single access, the DPOS will be placed inby the last 
point of single access but not necessarily within 1000 feet of all 
working faces.
    (c) Portable escape hoist vent shafts and roadways to other mines 
``inby'' the 1000 feet of single access will eliminate the need for a 
DPOS.
    (d) The DPOS for each work area that does not have two escapeways 
from the work area will comply with requirements for refuge 
alternatives in 30 CFR part 7, specifically as follows:
    (i) Prefabricated self-contained units, including the structural 
breathable air, air monitoring, and harmful gas removal components of 
the unit will be approved under 30 CFR part 7.
    (ii) Refuge alternatives will provide at least 15 square feet of 
floor space per person and 30 to 60 cubic feet of volume per person. 
The airlock can be included in the space and volume if waste is 
disposed outside the refuge alternative.
    (iii) The operator will protect the refuge alternative and contents 
from damage during transportation, installation, and storage.
    (iv) A refuge alternative will be removed from service if 
examination reveals damage that interferes with the functioning of the 
refuge alternative or any component.
    (a) If a refuge alternative is removed from service, the operator 
will withdraw all persons from the area serviced by the refuge 
alternative, except those persons referred to in Sec.  104(c) of the 
Mine Act.
    (b) Refuge alternative components removed from service will be 
replaced or be repaired for return to service in accordance with the 
manufacturer's specifications.
    (v) At all times, the site and area around the refuge alternative 
will be kept clear of machinery, materials, and obstructions that could 
interfere with the deployment or use of the refuge alternative.
    (vi) Each refuge alternative will be conspicuously identified with 
a sign or marker as follows:
    (a) A sign or marker made of a reflective material with the word 
``Refuge'' will be posted conspicuously at each refuge alternative.
    (b) Directional signs made of a reflective material will be posted 
leading to each refuge alternative location.
    (vii) During the use of the refuge alternative, the atmosphere 
within the refuge alternative will be monitored. Changers or 
adjustments will be made to reduce the concentration of carbon dioxide 
to 1 percent or less and excursions not exceeding 2.5 percent; and to 
reduce the concentration of carbon monoxide to 25 ppm or less. Oxygen 
will be maintained at 18.5 to 23 percent.
    (viii) Refuge alternatives will contain a fire extinguisher that:
    (a) Meets the requirements for portable fire extinguishers used in 
underground coal mines under this part;
    (b) Is appropriate for extinguishing fires involving the chemical 
used for harmful gas removal; and
    (c) Uses of low-toxicity extinguishing agent that does not produce 
a hazardous by-product when activated.
    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.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-09797 Filed 4-26-16; 8:45 am]
 BILLING CODE 4520-43-P