82 FR 16070 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 61 (March 31, 2017)

Page Range		16070-16071
FR Document		2017-06342

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 82 Issue 61 (Friday, March 31, 2017)

[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)]
[Notices]
[Pages 16070-16071]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06342]


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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 MSHA's Office 
of Standards, Regulations, and Variances on or before May 1, 2017.

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-2016-037-C.
    Petitioner: San Juan Coal Company, P.O. Box 561, Waterflow, New 
Mexico 87421.
    Mine: San Juan Mine 1, MSHA I.D. No. 29-02170, located in San Juan 
County, New Mexico.
    Regulation Affected: 30 CFR 75.1506(c)(1) (Refuge alternatives).
    Modification Request: The petitioner requests a modification of the 
existing standard to provide a Built-In-Place Refuge Alternative (BIP-
RA), equipped with a borehole to the surface to provide continuous 
ventilation flow into the BIP-RA, located at a distance not greater 
than 5,000 feet from the nearest working face in lieu of the existing 
standard that utilizes portable, self-contained systems. The petitioner 
states that:
    (1) Each miner wears or carries a 1-hour self-contained, self-
rescuer (SCSR) and is provided with a second 1-hour unit stored on the 
working section. That second device can be a self-contained breathing 
apparatus (SCBA) or additional SCSR devices.
    (2) The petitioner proposes to provide SCBA escape equipment on 
each working section and locate a means of refilling that SCBA in 
between the nearest working face and the BIP-RA so that an evacuating 
miner can refill their device on the way to the BIP-RA if necessary. 
The BIP-RA would be located not more than 5,000 feet from the nearest 
working face.
    (3) During performance testing it has been demonstrated that when 
walking in the San Juan Mine, a miner can travel over 7,500 feet in 30 
minutes.
    (4) The BIP-RA breathable air components, harmful gas removal 
components, and air monitoring components of these installations are 
MSHA Part 7 approved. This includes the surface and underground 
components involved and listed in the Part 7 approvals.
    (5) The BIP-RA structure and door have been analyzed by a third-
party engineering firm with experience in designing bulkheads for the 
nuclear industry. That firm completed a full analysis of the walls and 
doors. Their analysis certifies that the structure and doors meet or 
exceed the 15 psi requirement. The over structure and door design has 
been approved by the District Manager (DM) as required by 30 CFR 
75.1506(a)(2).
    (6) These BIP-RA structures have a dedicated borehole to the 
surface that provides continuous flow of fresh air to the structure at 
all times via the ventilation forces exerted by the mine's main 
ventilation fan. When in use, this airflow is supplemented by 
individual blower fans that are powered by generators. One set of the 
equipment is maintained for each BIP-RA in service and backup 
components are also maintained on-site.
    (7) The petitioner states that the continuous airflow through the 
BIP-RA removes heat and humidity and prevents the interior of the 
structure from exceeding an apparent temperature of 95 degrees 
Fahrenheit.
    (8) The petitioner states that National Institute for Occupational 
Safety and Health (NIOSH) studies has revealed that up to 60 percent of 
the contamination concentration outside the RA could enter the RA by 
miners entering the structure. A BIP-RA with a dedicated borehole 
providing continuous airflow addresses that contamination risk by 
continually

[[Page 16071]]

diluting the concentration without the limitation of a fixed quantity 
of purge air. This continuous airflow eliminates the issues of having a 
finite quantity of breathable air such as currently provided by 
portable, self-contained systems.
    (9) The petitioner states that NIOSH research has shown that a BIP-
RA that is provided with a dedicated borehole offers a significant 
improvement over the use of self-contained systems. NIOSH has stated 
that if a BIP-RA with a dedicated borehole is used, spacing of those 
systems can be up to 5,000 feet from the face.
    (10) NIOSH recommends taking steps to ensure post-disaster 
communications from within an occupied RA to the surface. The use of 
dedicated borehole provides a separate, protected communications 
pathway from inside the BIP-RA to the surface by routing a 
communication cable up through the borehole to the surface.
    (11) A portable, self-contained RA has a finite length of time that 
it will provide refuge to miners, and that length of time is impacted 
by the number of miners inside the RA. If rescue exceeds that finite 
timeframe, the miners' air supply would be exhausted. These BIP-RA 
structures at San Juan Mine can be ventilated indefinitely via that 
dedicated borehole.
    Within 60 days after the proposed decision (PDO) and order becomes 
final, the petitioner will submit proposed revisions for its approved 
30 CFR 48 training plan to the DM if MSHA determines that current 
ongoing training conducted under the existing Emergency Response Plan 
needs to be supplemented. Such proposed revisions will specify the 
terms and conditions stated in the PDO.
    The petitioner submits that for the reasons and on the terms stated 
above, utilizing BIP-RAs with dedicated boreholes to the surface 
equipped with Part 7 approved breathable air components, harmful gas 
removal components, and air monitoring components, will at all times 
provide an equivalent or even greater measure of protection as that 
afforded by the current standard.
    Docket Number: M-2016-010-M.
    Petitioner: Fred Weber, Inc., 2320 Creve Coeur Mill Road, Maryland 
Heights, Missouri 63043.
    Mine: Joliet MI, LLC Mine, MSHA I.D. No. 11-03153, located in Will 
County, Illinois.
    Regulation Affected: 30 CFR 49.6(a)(1) (Equipment and maintenance 
requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to start a mine rescue station consisting of only six 
self-contained breathing apparatus for a single team at the Joliet 
mine. The petitioner states that:
    (1) There is not enough manpower at the mine to fully staff two 
functional teams.
    (2) As a backup mine rescue team, a fully equipped team from 
another active mine within two hours of the Joliet mine will be secured 
through written agreement.
    The petitioner asserts that the alternative method will at all 
times provide the same measure of protection as the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-06342 Filed 3-30-17; 8:45 am]
BILLING CODE 4520-43-P

16070 Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices

Regulation Affected: 30 CFR 75.503 Street South, Suite 4E401, Arlington, (1) Each miner wears or carries a 1-
(Permissible electric face equipment; Virginia 22202–5452, Attention: Sheila hour self-contained, self-rescuer (SCSR)
maintenance). McConnell, Director, Office of and is provided with a second 1-hour
• Docket Number: M–2016–010–C. Standards, Regulations, and Variances. unit stored on the working section. That
FR Notice: 81 FR 24892 (4/27/2016). Persons delivering documents are second device can be a self-contained
Petitioner: Buckingham Coal required to check in at the receptionist’s breathing apparatus (SCBA) or
Company, LLC, 14755 Township Rd, desk in Suite 4E401. Individuals may additional SCSR devices.
295 S E, Glouster, Ohio 45732. inspect copies of the petitions and (2) The petitioner proposes to provide
Mine: Buckingham Mine #6, MSHA comments during normal business SCBA escape equipment on each
I.D. No. 33–04526, located in Perry hours at the address listed above. working section and locate a means of
County, Ohio. MSHA will consider only comments refilling that SCBA in between the
Regulation Affected: 30 CFR 75.1101– postmarked by the U.S. Postal Service or nearest working face and the BIP–RA so
1(b) (Deluge-type water spray systems). proof of delivery from another delivery that an evacuating miner can refill their
• Docket Number: M–2016–022–C. service such as UPS or Federal Express device on the way to the BIP–RA if
FR Notice: 81 FR 47421 (7/21/2016). on or before the deadline for comments. necessary. The BIP–RA would be
Petitioner: ACI Tygart Valley, 1200 located not more than 5,000 feet from
FOR FURTHER INFORMATION CONTACT:
Tygart Drive, Grafton, West Virginia the nearest working face.
26354. Barbara Barron, Office of Standards,
(3) During performance testing it has
Mine: Leer Mine, MSHA I.D. No. 46– Regulations, and Variances at 202–693–
been demonstrated that when walking
09192, located in Taylor County, West 9447 (Voice), barron.barbara@dol.gov
in the San Juan Mine, a miner can travel
Virginia. (Email), or 202–693–9441 (Facsimile).
over 7,500 feet in 30 minutes.
Regulation Affected: 30 CFR [These are not toll-free numbers.] (4) The BIP–RA breathable air
75.1904(b)(6) (Underground diesel fuel SUPPLEMENTARY INFORMATION: components, harmful gas removal
tanks and safety cans). I. Background components, and air monitoring
components of these installations are
Sheila McConnell, Section 101(c) of the Federal Mine MSHA Part 7 approved. This includes
Director, Office of Standards, Regulations, Safety and Health Act of 1977 (Mine the surface and underground
and Variances. Act) allows the mine operator or components involved and listed in the
[FR Doc. 2017–06339 Filed 3–30–17; 8:45 am] representative of miners to file a Part 7 approvals.
BILLING CODE 4520–43–P petition to modify the application of any (5) The BIP–RA structure and door
mandatory safety standard to a coal or have been analyzed by a third-party
other mine if the Secretary of Labor engineering firm with experience in
DEPARTMENT OF LABOR determines that: designing bulkheads for the nuclear
1. An alternative method of achieving industry. That firm completed a full
Mine Safety and Health Administration
the result of such standard exists which analysis of the walls and doors. Their
Petitions for Modification of will at all times guarantee no less than analysis certifies that the structure and
Application of Existing Mandatory the same measure of protection afforded doors meet or exceed the 15 psi
Safety Standards the miners of such mine by such requirement. The over structure and
standard; or door design has been approved by the
AGENCY: Mine Safety and Health 2. That the application of such District Manager (DM) as required by 30
Administration, Labor. standard to such mine will result in a CFR 75.1506(a)(2).
ACTION: Notice. diminution of safety to the miners in (6) These BIP–RA structures have a
such mine. dedicated borehole to the surface that
SUMMARY: Section 101(c) of the Federal In addition, the regulations at 30 CFR provides continuous flow of fresh air to
Mine Safety and Health Act of 1977 and 44.10 and 44.11 establish the the structure at all times via the
Title 30 of the Code of Federal requirements and procedures for filing ventilation forces exerted by the mine’s
Regulations Part 44 govern the petitions for modification. main ventilation fan. When in use, this
application, processing, and disposition airflow is supplemented by individual
of petitions for modification. This notice II. Petitions for Modification
blower fans that are powered by
is a summary of petitions for Docket Number: M–2016–037–C. generators. One set of the equipment is
modification submitted to the Mine Petitioner: San Juan Coal Company, maintained for each BIP–RA in service
Safety and Health Administration P.O. Box 561, Waterflow, New Mexico and backup components are also
(MSHA) by the parties listed below. 87421. maintained on-site.
DATES: All comments on the petitions Mine: San Juan Mine 1, MSHA I.D. (7) The petitioner states that the
must be received by MSHA’s Office of No. 29–02170, located in San Juan continuous airflow through the BIP–RA
Standards, Regulations, and Variances County, New Mexico. removes heat and humidity and
on or before May 1, 2017. Regulation Affected: 30 CFR prevents the interior of the structure
ADDRESSES: You may submit your 75.1506(c)(1) (Refuge alternatives). from exceeding an apparent temperature
comments, identified by ‘‘docket Modification Request: The petitioner of 95 degrees Fahrenheit.
number’’ on the subject line, by any of requests a modification of the existing (8) The petitioner states that National
the following methods: standard to provide a Built-In-Place Institute for Occupational Safety and
Refuge Alternative (BIP–RA), equipped Health (NIOSH) studies has revealed
sradovich on DSK3GMQ082PROD with NOTICES

1. Electronic Mail: zzMSHA-
comments@dol.gov. Include the docket with a borehole to the surface to provide that up to 60 percent of the
number of the petition in the subject continuous ventilation flow into the contamination concentration outside the
line of the message. BIP–RA, located at a distance not greater RA could enter the RA by miners
2. Facsimile: 202–693–9441. than 5,000 feet from the nearest working entering the structure. A BIP–RA with a
3. Regular Mail or Hand Delivery: face in lieu of the existing standard that dedicated borehole providing
MSHA, Office of Standards, utilizes portable, self-contained systems. continuous airflow addresses that
Regulations, and Variances, 201 12th The petitioner states that: contamination risk by continually

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Federal Register / Vol. 82, No. 61 / Friday, March 31, 2017 / Notices 16071

diluting the concentration without the standard to start a mine rescue station proof of delivery from another delivery
limitation of a fixed quantity of purge consisting of only six self-contained service such as UPS or Federal Express
air. This continuous airflow eliminates breathing apparatus for a single team at on or before the deadline for comments.
the issues of having a finite quantity of the Joliet mine. The petitioner states FOR FURTHER INFORMATION CONTACT:
breathable air such as currently that: Barbara Barron, Office of Standards,
provided by portable, self-contained (1) There is not enough manpower at Regulations, and Variances at 202–693–
systems. the mine to fully staff two functional 9447 (Voice), barron.barbara@dol.gov
(9) The petitioner states that NIOSH teams. (Email), or 202–693–9441 (Facsimile).
research has shown that a BIP–RA that (2) As a backup mine rescue team, a [These are not toll-free numbers.]
is provided with a dedicated borehole fully equipped team from another active SUPPLEMENTARY INFORMATION: Section
offers a significant improvement over mine within two hours of the Joliet 101(c) of the Federal Mine Safety and
the use of self-contained systems. mine will be secured through written Health Act of 1977 and Title 30 of the
NIOSH has stated that if a BIP–RA with agreement. Code of Federal Regulations Part 44
a dedicated borehole is used, spacing of The petitioner asserts that the
govern the application, processing, and
those systems can be up to 5,000 feet alternative method will at all times
disposition of petitions for modification.
from the face. provide the same measure of protection
(10) NIOSH recommends taking steps as the existing standard. I. Background
to ensure post-disaster communications Sheila McConnell, Section 101(c) of the Federal Mine
from within an occupied RA to the Safety and Health Act of 1977 (Mine
Director, Office of Standards, Regulations,
surface. The use of dedicated borehole and Variances. Act) allows the mine operator or
provides a separate, protected representative of miners to file a
[FR Doc. 2017–06342 Filed 3–30–17; 8:45 am]
communications pathway from inside petition to modify the application of any
BILLING CODE 4520–43–P
the BIP–RA to the surface by routing a mandatory safety standard to a coal or
communication cable up through the other mine if the Secretary of Labor
borehole to the surface. determines that:
DEPARTMENT OF LABOR
(11) A portable, self-contained RA has 1. An alternative method of achieving
a finite length of time that it will Mine Safety and Health Administration the result of such standard exists which
provide refuge to miners, and that will at all times guarantee no less than
length of time is impacted by the Petitions for Modification of the same measure of protection afforded
number of miners inside the RA. If Application of Existing Mandatory the miners of such mine by such
rescue exceeds that finite timeframe, the Safety Standards standard; or
miners’ air supply would be exhausted. 2. That the application of such
These BIP–RA structures at San Juan AGENCY: Mine Safety and Health standard to such mine will result in a
Mine can be ventilated indefinitely via Administration, Labor. diminution of safety to the miners in
that dedicated borehole. ACTION: Notice. such mine.
Within 60 days after the proposed In addition, the regulations at 30 CFR
SUMMARY: This notice is a summary of
decision (PDO) and order becomes final, 44.10 and 44.11 establish the
petitions for modification submitted to
the petitioner will submit proposed requirements and procedures for filing
the Mine Safety and Health
revisions for its approved 30 CFR 48 petitions for modification.
Administration (MSHA) by the parties
training plan to the DM if MSHA
listed below. II. Petitions for Modification
determines that current ongoing training
conducted under the existing DATES: All comments on the petitions Docket Number: M–2017–004–C.
Emergency Response Plan needs to be must be received by MSHA’s Office of Petitioner: Tunnel Ridge, LLC, 2596
supplemented. Such proposed revisions Standards, Regulations, and Variances Battle Run Road, Triadelphia, West
will specify the terms and conditions on or before May 1, 2017. Virginia 26059.
stated in the PDO. ADDRESSES: You may submit your Mine: Tunnel Ridge Mine, MSHA I.D.
The petitioner submits that for the comments, identified by ‘‘docket No. 46–08864, located in Ohio County,
reasons and on the terms stated above, number’’ on the subject line, by any of West Virginia.
utilizing BIP–RAs with dedicated the following methods: Regulation Affected: 30 CFR 75.500(d)
boreholes to the surface equipped with 1. Electronic Mail: zzMSHA- (Permissible electric equipment).
Part 7 approved breathable air comments@dol.gov. Include the docket Modification Request: The petitioner
components, harmful gas removal number of the petition in the subject requests a modification of the existing
components, and air monitoring line of the message. standard to permit the use of
components, will at all times provide an 2. Facsimile: 202–693–9441. nonpermissible electronic testing or
equivalent or even greater measure of 3. Regular Mail or Hand Delivery: diagnostic equipment inby the last open
protection as that afforded by the MSHA, Office of Standards, crosscut. The petitioner states that:
current standard. Regulations, and Variances, 201 12th (1) Nonpermissible electronic testing
Docket Number: M–2016–010–M. Street South, Suite 4E401, Arlington, and diagnostic equipment to be used
Petitioner: Fred Weber, Inc., 2320 Virginia 22202–5452, Attention: Sheila includes: Laptop computers;
Creve Coeur Mill Road, Maryland McConnell, Director, Office of oscilloscopes; vibration analysis
Heights, Missouri 63043. Standards, Regulations, and Variances. machines; cable fault detectors; point
temperatures probes; infrared
sradovich on DSK3GMQ082PROD with NOTICES

Mine: Joliet MI, LLC Mine, MSHA I.D. Persons delivering documents are
No. 11–03153, located in Will County, required to check in at the receptionist’s temperature devices; insulation testers
Illinois. desk in Suite 4E401. Individuals may (meggers); voltage, current, resistance
Regulation Affected: 30 CFR 49.6(a)(1) inspect copies of the petitions and meters and power testers, and electronic
(Equipment and maintenance comments during normal business tachometers. Other testing and
requirements). hours at the address listed above. diagnostic equipment may be used if
Modification Request: The petitioner MSHA will consider only comments approved in advance by the MSHA
requests a modification of the existing postmarked by the U.S. Postal Service or District Manager.

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Document Created: 2017-03-31 01:37:53
Document Modified: 2017-03-31 01:37:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before May 1, 2017.
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.]
FR Citation		82 FR 16070

82 FR 16070 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 82, Issue 61 (March 31, 2017)

DEPARTMENT OF LABOR
Mine Safety and Health Administration