82 FR 49683 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 206 (October 26, 2017)

Page Range		49683-49686
FR Document		2017-23263
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 206 (Thursday, October 26, 2017)
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Pages 49683-49686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23263]


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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: 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

[[Page 49684]]

Standards, Regulations, and Variances on or before November 27, 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 petition 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-2017-018-C.
    Petitioner: Revelation Energy, LLC, P.O. Box 249, Stanville, 
Kentucky 41659.
    Mine: D-1A Garmeada Mine, MSHA I.D. No. 15-19791, located in Bell 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard in reference to weekly examinations in its entirety 
for the hazardous condition of return air course. The petitioner states 
that:
    (1) As a result of a dip with a steep incline on the end, a large 
pool of water has developed at the outby end of the Northwest Mains and 
extending inby approximately 1200 feet in the right-side return, in the 
No. 5 entry. This mine utilizes split air and there are two returns. 
There is a return entry in the No. 1 entry also. Currently, a 10-horse-
power pump with a 2-inch discharge line is installed in the pool of 
water. This is a low spot in the mine with elevations rising going in 
each direction. The mine height in this area is approximately 12 feet. 
The water level is currently 4\1/2\ feet deep. The water has been 
pumped down to current levels, reducing the affected area to 
approximately 70 feet in length. It is proposed to utilize a metal 
catwalk bridge, with handrails to provide safe travel through this area 
for the weekly examinations. The bridge would provide safer travel 
through the area, as the bridge is level. If the water is completely 
pumped out, it would result in a steep, slippery slope that would be 
treacherous to travel and could contribute to slip, trip, and fall 
hazards. It would be difficult to establish and maintain safe travel in 
this portion of the right return, No. 5 entry.
    (2) The remaining life of the reserve is approximately 10 years. 
Access to this reserve is only possible through the existing mine 
drifts, as all other approaches are blocked by abandoned mines. The 
procedures listed in this petition will provide a level of safety no 
less than equivalent to that afforded by 30 CFR 75.364(b)(2) for the 
remaining life of the mine.
    (3) Therefore, the petitioner proposes an alternate plan to provide 
safe access over pooled water in the right return, No. 5 entry for 
approximately 70 feet at the outby end of the Northwest Mains. The 
petitioner states that use of the bridge as described below will keep 
employees from being exposed to hazardous travel in order to meet the 
requirements of the applicable standard:
    (a) A metal catwalk bridge approximately 75 feet long with 
handrails will be utilized to provide safe access for travel across a 
pool of water.
    (b) Each end of the bridge across the entry will be blocked with 
danger signs, flagging, and/or fencing to warn miners of the potential 
hazard and that travel through this area is only permitted across the 
bridge.
    (c) A pump will be maintained in the pool to maintain the water 
level.
    (d) Life vests will be provided and worn while traveling across the 
bridge.
    (e) All miners at the D-1A Garmeada mine will be given notice of 
this request for modification during safety meetings.
    Within 60 days after approval of this petition and the order 
becoming final, the petitioner will submit proposed revisions to the 
Part 48 training plan to the District Manager. These revisions will 
apply to initial and refresher training.
    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.

    Docket Number: M-2017-019-C.
    Petitioner: Marfork Coal Company, Inc., 500 Lee Street, East, Suite 
701 (25301), Post Office Box 2548, Charleston, WV 25329.
    Mine: Slip Ridge Cedar Grove Mine, MSHA I.D. No. 46-09048, located 
in Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed 
intervals).
    Modification Request: The petitioner requests a modification of the 
existing standard as it pertains to preshift examinations that are only 
required on a side of the mine that is active (i.e. both sides of the 
mine only have to be fully examined when both sides are active). The 
petitioner states that:
    (1) The Slip Ridge mine is a large underground coal mine that has 
been permanently divided into three separate areas via the installation 
of MSHA-approved 120 PSI mine seals.
    (2) On the East end of the mine is the Ellis Creek Side and this is 
the active mining side with two continuous miner sections producing 5 
to 6 days a week.
    (3) The West end of the mine is called the Slip Ridge Transfer and 
this end of the mine serves only as a belt through (i.e. transfer) for 
coal from two other Marfork mines (Horse Creek and Allen Powellton) on 
its way to the Marfork Plant.
    (4) The East and West ends of the mine are separated by 
approximately 3.66 miles of old mine works that were sealed on each end 
with MSHA-approved 120 PSI seals.
    (5) The East and West ends of the mine are ventilated by separate 
mine fans.

[[Page 49685]]

    (6) The East and West ends of the mine are monitored by separate CO 
systems.
    (7) The East and West ends of the mine have their own dispatcher.
    (8) Other than being on the opposite ends of a common sealed area, 
the East and West ends of the mine are effectively separate and 
independent underground coal mines.
    (9) Currently, if the East side of the mine is scheduled to produce 
coal, the regulations require preshift examinations in accordance with 
30 CFR 75.360 be completed on both sides of the mine, regardless of 
their autonomy.
    (10) Application of the existing standard may result in a 
diminution of safety to the miners as it currently requires that 
preshift examination on both the East and West ends of the mine be 
performed on any day that either end of the mine will be active (i.e. 
the West end has to be fully examined preshift every day that the East 
end wants to produce coal even if the West end is idle). Preshift 
examination of the idle side of the Slip Ridge Mine does not advance 
safety for the miners working on the active side of the mine and can 
expose examiners on the idle side to additional time and hazards 
underground.
    The petitioner proposes the following alternative method of 
compliance to the existing standard:
    (a) Since the East and West side are separated by two sets of 120 
PSI seals, ventilated with their own mine fans and monitored by 
independent CO systems, each end of the mine should be treated 
separately for purposes of 30 CFR 75.360.
    (b) On any active side of the Slip Ridge Mine, a preshift 
examination as set forth in 30 CFR 75.360 will be performed.
    (b) No preshift examination under 30 CFR 75.360 will be required on 
an idle side of the mine.
    (c) Preshift examinations of the idle side of the mine will be 
performed prior to work being performed underground on the previously 
idle side of the mine.
    (d) Marfork will update the CO monitoring systems to allow either 
side of the dispatcher to monitor the CO systems for both sides of the 
mine. This dual monitoring will allow the atmospheric conditions in the 
idle side of the mine to be monitored by the dispatcher on the active 
side of the mine.
    (e) If a CO event occurs that would otherwise require evacuation, 
both sides will withdraw personnel.
    (f) Marfork will set up dual monitoring of both mine fans so that 
the status of each fan can be monitored from both sides of the mine.
    (g) In the event of a fan stoppage on one side of the mine, both 
sides will withdraw personnel.
    (h) In the event of a fan stoppage on an idle side of the mine, the 
active side would be alerted via an alarm and personnel will be 
withdrawn from the active side.
    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 by ensuring that the examinations are 
performed on the active side of the mine while continually monitoring 
the fan and CO systems on the idle side of the mine.

    Docket Number: M-2017-020-C.
    Petitioner: Spartan Mining Company, 500 Lee Street, East, Suite 701 
(25301), Post Office Box 2548, Charleston, WV 25329.
    Mine: Road Fork #52 Mine, MSHA I.D. No. 46-09522, located in 
Wyoming County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    Modification Request: The petitioner requests a modification of the 
existing standard in the following three situations: (1) When mining 
within 50 feet (+1-degree accuracy factor) of a horizontal wellbore; 
(2) when initially mining through a horizontal wellbore; and (3) when 
subsequently mining through horizontal wellbores as addressed in this 
petition. The petitioner states that:
    (1) Potential in-seam methane in the majority of the Road Fork #52 
Mine reserve area has been reduced and/or extracted by the drilling 
operation of horizontal coalbed methane wells by CDX Gas, LLC 
(``CDX''). The first well in the area was put into production in 
January 2006 and the last in October 2006. The location of these wells 
in relation to the future mining for the Road Fork #52 Mine is shown on 
the map attached to this petition as Exhibit A. (Road Fork #52 Mine 
will mine coal to the left of the mining shown on the map).
    (2) CDX will use the following methodology to drill these wells:
    (a) A vertical wellbore (access hole) is drilled and cased to a 
point 150 feet or more above the coal seal;
    (b) From the bottom of the casing in the access hole, a curved hole 
is drilled to intersect the coal seal at a tangent point;
    (c) From the tangent point, a short common horizontal bore is 
drilled horizontally through the coal seam for a distance up to 500 
feet;
    (d) From the end of the common horizontal bore, several 
interconnected horizontal bores, ranging from 5 to 6.5 inches in 
diameter are drilled horizontally through the coalbed for distances up 
to 3500 feet;
    (e) A second vertical wellbore (production hole) is drilled to 
intersect the common horizontal bore. The production hole is commonly 
cased with 7-inch O.D. casing to a point 100 feet more or less above 
the coal seam. The production hole is drilled 50 to 100 feet below the 
coal seam to provide a ``rat-hole'' for pumping liquid from the well; 
and
    (f) Coal bed methane gas entering the horizontal wellbores travels 
through the common horizontal bore to the production hole and then to 
the surface.
    (3) The Road Fork #52 Mine will employ the continuous mining room 
and pillar method of mining. It is anticipated that each lateral 
wellbore will be mined through at least once.
    (4) Prior to mining within 50 feet (+1-degree accuracy factor) of a 
horizontal wellbore, the petitioner proposes to verify that the 
following procedures have been performed on the well:
    (a) The well will be vented to outside atmosphere pressure for at 
least 8 hours;
    (b) A volume of fresh water sufficient to fill the horizontal 
(lateral) wellbores will be injected into the well with sufficient 
pressure to attain a bottomhole pressure of approximately 500 pounds 
per square inch (PSI);
    (c) The liquid will be bailed from the production hole, using 
normal bailing equipment, to a point just above the level of the coal 
seam;
    (d) A volume of gel, made up of 2 to 4 percent bentonite and fresh 
water, sufficient to fill the horizontal wellbores plus 25 percent 
excess, will be injected into the well with sufficient pressure to 
attain a bottomhole pressure of approximately 500 PSI; and
    (e) The wellbore will be filled to the surface with fresh water and 
allowed to stand for at least 72 hours, with the water level being 
supplemented as required. In the alternative, water will be injected 
into the wellbore for 72 hours at an average rate of 2 gallons per 
minute or more.
    (5) Prior to mining through the first lateral wellbore of a 
horizontal coalbed methane well, the petitioner proposes to verify that 
the following procedures have been performed on the well:
    (a) The water will be bailed from the vertical section of the 
wellbore, as close to the coal seam elevation as practical using normal 
bailing equipment;
    (b) The surface wellhead will be maintained open to bring the 
vertical

[[Page 49686]]

section of the wellbore to outside atmospheric pressure;
    (c) The petitioner further states that the MSHA District Manager 
and the appropriate West Virginia Office of Miners' Health Safety and 
Training representative will be notified at least 48 hours prior to the 
anticipated mine-through time;
    (d) Drivage sights will be installed within 80 feet of the mine-
through point;
    (e) Firefighting equipment will be provided near the working face, 
including two 10-pound fire extinguishers, 240 pounds of rock dust, and 
fire hose of sufficient length to reach the working face and capable of 
delivering at least 50 gallons per minute of water at minimum pressure 
of 50 PSI;
    (f) At least 9,000 CFM of intake air at the face will be supplied, 
but no less than the amount in the approved ventilation plan;
    (g) The continuous miner methane monitor will be calibrated prior 
to use when the mine-through is anticipated or is occurring;
    (h) A test for methane will be conducted with a hand-held methane 
detector at least every 10 minutes during the time mining commences at 
the minimum barrier distance line or within 30 feet of the wellbore, 
whichever is greater;
    (i) All equipment will be deenergized and the area thoroughly 
examined when the wellbore is intersected;
    (j) Once the area has been determined to be safe and mining has 
resumed, hand-held methane detector tests will continue at least every 
10 minutes during production shifts, until mining has progressed 20 
feet past the initial mine-through point;
    (k) No persons will be permitted in the area of the mine-through 
operation except those persons actually engaged in the operation, 
including mine management, personnel from MSHA, and personnel from the 
appropriate State agency; and
    (l) A certified official will directly supervise the mine-through 
operation and only the certified official in charge will issue 
instructions concerning the mine-through operation.
    (6) Prior to mining through a lateral wellbore of a coalbed methane 
well which has already at least one lateral wellbore mined through, the 
petitioner proposes to verify the following procedures have been 
performed on the well:
    (a) The water will be bailed from the vertical section of the 
wellbore, as close to the coal seam elevation as practical using normal 
bailing equipment;
    (b) The surface well head will be maintained open to bring the 
vertical section of the wellbore to outside atmospheric pressure;
    (c) Drivage sights will be installed within 80 feet of the mine-
through point;
    (d) Firefighting equipment will be provided near the working face, 
including two 10-pound fire extinguishers, 240 pounds of rock dust, and 
fire hose of sufficient length to reach the working face and capable of 
delivering at least 50 gallons per minute of water at minimum pressure 
of 50 PSI;
    (e) At least 9,000 CFM of intake air at the face will be supplied, 
but no less than the amount in the approved ventilation plan;
    (f) The continuous miner methane monitor will be calibrated on one 
of the five production shifts prior to the shift during which the mine-
through is anticipated;
    (g) A test for methane will be provided with a hand-held methane 
detector at least every 10 minutes during the time mining is conducted 
within 30 feet of the wellbore;
    (h) All equipment will be deenergized and the area thoroughly 
examined when the wellbore is intersected;
    (i) Once the area has been determined to be safe and mining has 
resumed, hand-held methane detector tests will continue at lease every 
10 minutes during production shifts, until mining has progressed 20 
feet past the initial mine-through point;
    (j) No persons will be permitted in the area of the mine-through 
operation except those persons actually engaged in the operation, 
including mine management, personnel from MSHA, and personnel from the 
appropriate State agency;
    (k) A certified official will directly supervise the mine-through 
operation and only the certified official in charge will issue 
instructions concerning the mine-through operation; and
    (l) The production hole will remain open and accessible until all 
mining susceptible of intersecting horizontal wellbores has been 
completed.
    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. 2017-23263 Filed 10-25-17; 8:45 am]
 BILLING CODE 4520-43-P
Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices 49683

Experts on the Globally Harmonized hazmat/regs/international, under meeting will be available upon
System of Classification and Labelling Upcoming Events. This information will publication at: http://
of Chemicals (UNSCEGHS) to be held also be posted on OSHA’s Hazard www.regulations.gov (Docket No.
December 6 through December 8, 2017, Communication Web site on the PHMSA–2017–0037, Notice No. 2017–
in Geneva, Switzerland. OSHA, along international tab at: https:// 06), and on the PHMSA Web site at:
with the U.S. Interagency GHS (Globally www.osha.gov/dsg/hazcom/hazcom_ http://www.phmsa.dot.gov/hazmat/
Harmonized System of Classification international.html#meeting-notice. regs/international.
and Labelling of Chemicals) FOR FURTHER INFORMATION CONTACT: PHMSA will host the meeting to gain
Coordinating Group, plans to consider At the Department of Transportation, input from the public concerning
the comments and information gathered please contact: Mr. Steven Webb or Mr. proposals submitted to the UNSCE TDG
at this public meeting when developing Aaron Wiener, Office of Hazardous for the 21st Revised Edition of the
the U.S. Government positions for the Materials Safety, Department of United Nations Recommendations on
UNSCEGHS meeting. OSHA also will Transportation, Washington, DC 20590, the Transport of Dangerous Goods
give an update on the Regulatory telephone: (202) 366–8553. Model Regulations, which may be
Cooperation Council (RCC). At the Department of Labor, please implemented into relevant domestic,
On Tuesday, November 14, 2017, contact: Ms. Maureen Ruskin, OSHA regional, and international regulations
from 9:00 a.m. to 12:00 p.m., the Directorate of Standards and Guidance, beginning January 1, 2021. During this
Department of Transportation (DOT), Department of Labor, Washington, DC meeting, PHMSA is also soliciting input
Pipeline and Hazardous Materials Safety 20210, telephone: (202) 693–1950, relative to preparing for the 52nd
Administration (PHMSA) will conduct a email: ruskin.maureen@dol.gov. session of the UNSCE TDG as well as
public meeting (See Docket No. SUPPLEMENTARY INFORMATION: potential new work items that may be
PHMSA–2017–0037 Notice No. 2017– The OSHA Meeting: OSHA is hosting considered for inclusion in its
06) to discuss proposals in preparation an open informal public meeting of the international agenda.
for the 52nd session of the United U.S. Interagency GHS Coordinating Copies of working documents,
Nations Sub-Committee of Experts on Group to provide interested groups and informal documents, and the meeting
the Transport of Dangerous Goods individuals with an update on GHS- agenda may be obtained from the United
(UNSCE TDG) to be held November 27 related issues and an opportunity to Nations Transport Division’s Web site
to December 6, 2017, in Geneva, express their views orally and in writing at: http://www.unece.org/trans/danger/
Switzerland. During this meeting, for consideration in developing U.S. danger.html.
PHMSA is also requesting comments Government positions for the upcoming
relative to potential new work items that Authority and Signature
UNSCEGHS meeting.
may be considered for inclusion in its General topics on the agenda include: This document was prepared under
international agenda. PHMSA will also • Review of Working/Informal papers the direction of Loren Sweatt, Acting
provide an update on recent actions to • Correspondence Group updates Deputy Assistant Secretary of Labor for
enhance transparency and stakeholder • Regulatory Cooperation Council (RCC) Occupational Safety and Health, U.S.
interaction through improvements to the Update Department of Labor, pursuant to
international standards portion of its Information on the work of the sections 4, 6, and 8 of the Occupational
Web site. UNSCEGHS, including meeting Safety and Health Act of 1970 (29 U.S.C.
DATES: Tuesday, November 14, 2017. agendas, reports, and documents from 653, 655, 657), and Secretary’s Order 1–
ADDRESSES: Both meetings will be held previous sessions, can be found on the 2012 (77 FR 3912), (Jan. 25, 2012).
at the DOT Headquarters Conference United Nations Economic Commission Signed at Washington, DC, on October 16,
Center, West Building, Oklahoma City for Europe (UNECE) Transport Division 2017.
Conference Room, 1200 New Jersey Web site located at the following Web Loren Sweatt,
Avenue SE., Washington, DC 20590. address: http://www.unece.org/trans/ Deputy Assistant Secretary of Labor for
Times and Locations: PHMSA public danger/publi/ghs/ghs_welcome_e.html. Occupational Safety and Health.
meeting: 9:00 a.m. to 12:00 p.m. EDT, The UNSCEGHS bases its decisions [FR Doc. 2017–23261 Filed 10–25–17; 8:45 am]
Oklahoma City Conference Room, on Working Papers. The Working Papers BILLING CODE 4510–26–P
OSHA public meeting: 1:00 p.m. to 4:00 for the 34th session of the UNSCEGHS
p.m. EDT, Oklahoma City Conference are located at: https://www.unece.org/
Room trans/main/dgdb/dgsubc4/c42017.html. DEPARTMENT OF LABOR
Advanced Meeting Registration: The Informal Papers submitted to the
DOT requests that attendees pre-register UNSCEGHS provide information for the Mine Safety and Health Administration
for these meetings by completing the Sub-committee and are used either as a
form at: https:// mechanism to provide information to Petitions for Modification of
www.surveymonkey.com/r/GHSZ2Q9 . the Sub-committee or as the basis for Application of Existing Mandatory
Attendees may use the same form to future Working Papers. Safety Standards
pre-register for both meetings. Failure to In addition to participating at the
pre-register may delay your access into Public meeting, interested parties may AGENCY: Mine Safety and Health
the DOT Headquarters building. submit comments on the Working and Administration, Labor.
Additionally, if you are attending in- Informal Papers for the 34th session of ACTION: Notice.
person, arrive early to allow time for the UNSCEGHS to the docket
ethrower on DSK3G9T082PROD with NOTICES

security checks necessary to access the established for International/Globally SUMMARY: This notice is a summary of
building. Harmonized System (GHS) efforts at petitions for modification submitted to
Conference call-in and ‘‘Skype http://www.regulations.gov, Docket No. the Mine Safety and Health
meeting’’ capability will be provided for OSHA–2016–0005. Administration (MSHA) by the parties
both meetings. Specific information on The PHMSA Meeting: The Federal listed below.
such access will be posted when Register notice and additional detailed DATES: All comments on the petitions
available at: http://www.phmsa.dot.gov/ information relating to PHMSA’s public must be received by MSHA’s Office of

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49684 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices

Standards, Regulations, and Variances Petitioner: Revelation Energy, LLC, handrails will be utilized to provide safe
on or before November 27, 2017. P.O. Box 249, Stanville, Kentucky access for travel across a pool of water.
ADDRESSES: You may submit your 41659. (b) Each end of the bridge across the
comments, identified by ‘‘docket Mine: D–1A Garmeada Mine, MSHA entry will be blocked with danger signs,
number’’ on the subject line, by any of I.D. No. 15–19791, located in Bell flagging, and/or fencing to warn miners
the following methods: County, Kentucky. of the potential hazard and that travel
1. Electronic Mail: zzMSHA- Regulation Affected: 30 CFR through this area is only permitted
comments@dol.gov. Include the docket 75.364(b)(2) (Weekly examination). across the bridge.
number of the petition in the subject Modification Request: The petitioner (c) A pump will be maintained in the
line of the message. requests a modification of the existing pool to maintain the water level.
2. Facsimile: 202–693–9441. standard in reference to weekly (d) Life vests will be provided and
3. Regular Mail or Hand Delivery: examinations in its entirety for the worn while traveling across the bridge.
MSHA, Office of Standards, hazardous condition of return air (e) All miners at the D–1A Garmeada
Regulations, and Variances, 201 12th course. The petitioner states that: mine will be given notice of this request
Street South, Suite 4E401, Arlington, (1) As a result of a dip with a steep for modification during safety meetings.
Within 60 days after approval of this
Virginia 22202–5452, Attention: Sheila incline on the end, a large pool of water
petition and the order becoming final,
McConnell, Director, Office of has developed at the outby end of the
the petitioner will submit proposed
Standards, Regulations, and Variances. Northwest Mains and extending inby
revisions to the Part 48 training plan to
Persons delivering documents are approximately 1200 feet in the right-
the District Manager. These revisions
required to check in at the receptionist’s side return, in the No. 5 entry. This
will apply to initial and refresher
desk in Suite 4E401. Individuals may mine utilizes split air and there are two
training.
inspect copies of the petition and returns. There is a return entry in the
The petitioner asserts that the
comments during normal business No. 1 entry also. Currently, a 10-horse-
proposed alternative method will at all
hours at the address listed above. power pump with a 2-inch discharge
times guarantee no less than the same
MSHA will consider only comments line is installed in the pool of water.
measure of protection afforded by the
postmarked by the U.S. Postal Service or This is a low spot in the mine with
existing standard.
proof of delivery from another delivery elevations rising going in each direction.
service such as UPS or Federal Express The mine height in this area is Docket Number: M–2017–019–C.
on or before the deadline for comments. approximately 12 feet. The water level Petitioner: Marfork Coal Company,
is currently 41⁄2 feet deep. The water has Inc., 500 Lee Street, East, Suite 701
FOR FURTHER INFORMATION CONTACT:
been pumped down to current levels, (25301), Post Office Box 2548,
Barbara Barron, Office of Standards, Charleston, WV 25329.
Regulations, and Variances at 202–693– reducing the affected area to
Mine: Slip Ridge Cedar Grove Mine,
9447 (Voice), barron.barbara@dol.gov approximately 70 feet in length. It is
MSHA I.D. No. 46–09048, located in
(Email), or 202–693–9441 (Facsimile). proposed to utilize a metal catwalk
Raleigh County, West Virginia.
[These are not toll-free numbers.] bridge, with handrails to provide safe Regulation Affected: 30 CFR 75.360
SUPPLEMENTARY INFORMATION: Section travel through this area for the weekly (Preshift examination at fixed intervals).
101(c) of the Federal Mine Safety and examinations. The bridge would Modification Request: The petitioner
Health Act of 1977 and Title 30 of the provide safer travel through the area, as requests a modification of the existing
Code of Federal Regulations Part 44 the bridge is level. If the water is standard as it pertains to preshift
govern the application, processing, and completely pumped out, it would result examinations that are only required on
disposition of petitions for modification. in a steep, slippery slope that would be a side of the mine that is active (i.e. both
treacherous to travel and could sides of the mine only have to be fully
I. Background contribute to slip, trip, and fall hazards. examined when both sides are active).
Section 101(c) of the Federal Mine It would be difficult to establish and The petitioner states that:
Safety and Health Act of 1977 (Mine maintain safe travel in this portion of (1) The Slip Ridge mine is a large
Act) allows the mine operator or the right return, No. 5 entry. underground coal mine that has been
representative of miners to file a (2) The remaining life of the reserve permanently divided into three separate
petition to modify the application of any is approximately 10 years. Access to this areas via the installation of MSHA-
mandatory safety standard to a coal or reserve is only possible through the approved 120 PSI mine seals.
other mine if the Secretary of Labor existing mine drifts, as all other (2) On the East end of the mine is the
determines that: approaches are blocked by abandoned Ellis Creek Side and this is the active
1. An alternative method of achieving mines. The procedures listed in this mining side with two continuous miner
the result of such standard exists which petition will provide a level of safety no sections producing 5 to 6 days a week.
will at all times guarantee no less than less than equivalent to that afforded by (3) The West end of the mine is called
the same measure of protection afforded 30 CFR 75.364(b)(2) for the remaining the Slip Ridge Transfer and this end of
the miners of such mine by such life of the mine. the mine serves only as a belt through
standard; or (3) Therefore, the petitioner proposes (i.e. transfer) for coal from two other
2. That the application of such an alternate plan to provide safe access Marfork mines (Horse Creek and Allen
standard to such mine will result in a over pooled water in the right return, Powellton) on its way to the Marfork
diminution of safety to the miners in No. 5 entry for approximately 70 feet at Plant.
such mine. the outby end of the Northwest Mains. (4) The East and West ends of the
ethrower on DSK3G9T082PROD with NOTICES

In addition, the regulations at 30 CFR The petitioner states that use of the mine are separated by approximately
44.10 and 44.11 establish the bridge as described below will keep 3.66 miles of old mine works that were
requirements and procedures for filing employees from being exposed to sealed on each end with MSHA-
petitions for modification. hazardous travel in order to meet the approved 120 PSI seals.
requirements of the applicable standard: (5) The East and West ends of the
II. Petitions for Modification (a) A metal catwalk bridge mine are ventilated by separate mine
Docket Number: M–2017–018–C. approximately 75 feet long with fans.

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Document Created: 2018-10-25 10:14:50
Document Modified: 2018-10-25 10:14:50
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 November 27, 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 49683
82 FR 49683 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 82, Issue 206 (October 26, 2017)

DEPARTMENT OF LABOR
Mine Safety and Health Administration
