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)

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, 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]
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