82 FR 23308 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 97 (May 22, 2017)

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 97 (Monday, May 22, 2017)]
[Notices]
[Pages 23308-23309]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10396]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

SUMMARY: 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 June 21, 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: 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.

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-2017-001-M.
    Petitioner: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road 
85, Green River, Wyoming 82935.
    Mine: Solvay Chemicals, Inc. Mine, MSHA I.D. No. 48-01295, located 
in Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of certain nonpermissible equipment 
for the purpose of mine surveying in or beyond the last open crosscut. 
The equipment would include the Leica MS60 surveying instrument for the 
purpose of mine engineering activities, namely daily sights, and entry 
measurements. The petitioner states that:
    (1) Accurate surveys are a critical part of mine entry development 
to ensure mine entry locations are known in relation to any natural or 
man-made underground intrusions. Today's safety standards have vastly 
increased, in part from a cooperative effort of regulatory agencies and 
industry, and from best practices and improvements in mining methods 
and technology. Modern surveying instruments allow vastly improved 
accuracy when compared to older antiquated instruments.
    (2) Determination of accurate mine working locations is vital 
operation of a mine and to Solvay Chemicals, Inc., and therefore is 
requesting relief from 30 CFR 57.22305 for the following reasons:
    (a) The current Leica T-1 Theodolite is an antiquated instrument, 
with original manufactured date unknown, but thought to have been 
manufactured sometime between 1970 and 1994. The original vintage of 
this instrument was originally manufactured in 1933 as informed by the 
maintenance company that has been servicing this unit for Solvay 
Chemicals. The vendor has stated that this unit was discontinued in 
1994, with parts becoming difficult to obtain while the original 
equipment manufacturer no longer supports this instrument.
    (b) Solvay Chemicals proposes to implement new technology, a modern 
Leica MS60 survey instrument that will not affect miner safety through 
implementation of procedures prior to and during use of this 
instrument. The MS60 is housed in state-of- the-art sealed and dust-
proof housing and is impervious to water, mine gas, and dust, with a 
rating of IP65, which includes a 1-hour water test. Immediately prior 
to the use of the nonpermissible equipment, the mine atmosphere will be 
tested for methane and will be continuously monitored with an approved 
instrument capable of providing both visual and audible alarms as 
defined in 30 CFR 57.22227. This additional methane monitoring further 
enhances the protection of employees in the area. Mine engineering 
qualified personnel will attend to the surveying equipment when used in 
or beyond the last open crosscut or in areas where methane may enter 
the air current. If 1.0 percent or more methane is detected, the 
procedures defined in 30 CFR 57.22234 will be followed.
    (c) Increased accuracy and immediate error determination during 
use, immediately checks coordinates of fore-sight and back-sight and 
alerts operator. The instrument contains built in logic

[[Page 23309]]

that checks the coordinates of all stations, essentially a ``smart'' 
instrument, comparing the known station coordinates and angles, to 
installed stations. This is an extremely important feature that reduces 
or eliminates human survey errors. For the following reasons, this is 
very important to today's mining:

--Known location of mine works with higher confidence level due to 
accuracy of new instrument, and ensuring boundary location with two 
neighboring adjacent mines or mining activity.
--All stations installed underground will have immediate coordinates 
established during installation, as the instrument stores information 
immediately. (At any time, known location of all mined entries should 
drilling, boreholes, etc., be required from surface need performed, no 
calculation is necessary with stations correlated to surface 
locations).
--Face advancement headings are ensured to be on-sights and the 
instrument notifies operator of inaccuracies. This eliminates the 
possible convergence of two production rooms and potential for rib 
falls from a too thin rib condition.
--Eliminates the potential in our longwall mine from an overall panel 
convergence or divergence of headgate and tailgate entries. This 
eliminates the risks and dangers associated from either removal or 
addition of a shield and face conveyor segment respectively as is the 
practice in mining when this condition occurs.
--Allows for accurate location of entries for mine construction 
activities such as overcast installation, conveyor belt installations, 
pipelines, doorways and fan installations. This will improve overall 
miner safety through elimination of additional work activities related 
to survey error from additional rib slabs and widening of entry when 
mined off sights.

    (d) Improved accuracy of check surveys which are routinely 
conducted. This instrument is a one-second instrument compared to a 
three-second instrument in current use. Highest rated instruments are 
one-half second instruments that are not used underground with specific 
uses.
    The petitioner further states that Solvay Chemicals is committed to 
safety and by submitting this application strives to apply the best 
technology in day-to-day engineering activities and adhere to the best 
professional practice. Advantageous use of this state-of-the-art 
surveying instrument is outlined in the rationale above. Miner safety 
is greatly enhanced due to the inherent design of this modern surveying 
equipment which is housed in state-of-the-art sealed and dust-proof 
housing, the procedure gas tests prior to and during use of the 
instrument, and the inherent benefits of this surveying instrument. The 
original equipment manufacturer has also provided approximately twenty-
four hours of safety training, performed on the surface and in fresh 
air areas in the mine. Solvay Chemicals petitions the Mine Safety and 
Health Administration to review the best technology and respectively 
request approval of this petition, allowing use of modern state-of-the-
art surveying instrument for day-to-day surveying at the Solvay 
Chemicals Mine.
    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. 2017-10396 Filed 5-19-17; 8:45 am]
 BILLING CODE 4520-43-P