Notice2024-08222
Petition for Modification of Application of Existing Mandatory Safety Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 18, 2024
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 89 Issue 76 (Thursday, April 18, 2024)</title>
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[Federal Register Volume 89, Number 76 (Thursday, April 18, 2024)]
[Notices]
[Pages 27803-27804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08222]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before May 20, 2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0006 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2024-0006.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#c8b8adbca1bca1a7a6aba7a5a5ada6bcbb88aca7a4e6afa7be"><span class="__cf_email__" data-cfemail="bacadfced3ced3d5d4d9d5d7d7dfd4cec9faded5d694ddd5cc">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, 4th Floor West,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk, 4th Floor West. Individuals may
inspect copies of the petition and comments during normal business
hours at the address listed above. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#306055445944595f5e43565f425d5f54595659535144595f5e70545f5c1e575f46"><span class="__cf_email__" data-cfemail="aefecbdac7dac7c1c0ddc8c1dcc3c1cac7c8c7cdcfdac7c1c0eecac1c280c9c1d8">[email protected]</span></a> (email), or 202-693-9441 (fax). [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
(CFR) 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. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2024-002-C.
Petitioner: Marfork Coal Company, LLC, P.O. Box 457, Whitesville,
West Virginia 25209.
Mine: Black Eagle Mine, MSHA ID No. 46-09550, located in Raleigh
County, West Virginia.
Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations
and records).
Modification Request: The petitioner requests a modification of 30
CFR 75.312(c) to permit testing the automatic fan stopping signal
device without shutting down the mine fan.
The petitioner states that:
(a) The mine extracts coal by room and pillar method of mining and
utilizes three continuous miner sections producing coal five to six
days a week.
(b) The mine has personnel underground 24 hours a day, 7 days per
week.
(c) The mine is ventilated by one, Jeffrey model 8HUA117, 1,500
horsepower (hp) and 880 revolutions per minute (rpm), mine fan.
(d) The fan operates at approximately 9 inches of water gauge and
moves approximately 695,000 cubic feet per minute.
(e) The mine liberates 635,000 cubic feet of methane every 24 hours
as of September 8, 2023.
(f) Currently, the mine fan stops every 31 days to check the fan
signal device.
(g) If fan outage last longer than 1, 3, or 48 hours, then the fan
is required to run 1, 2, or 3 hours before a certified examiner can re-
enter the mine to conduct the required examinations.
(h) It is unfavorable to stop the fan and disrupt the ventilation
due to the mine liberating methane and personnel being underground 24
hours a day, 7 days a week, making it impossible to schedule a time
when the fan stoppage signal can be checked without miners in the
underground.
The petitioner proposes the following alternative method:
(a) The main fine fan shall be provided with a fan alarm signal
system consisting of the following:
(1) A ridged plastic tubing protected by steel conduit extending
from the fan ductwork to a Photohelic gauge and chart recorder to
continuously monitor the fan operating pressure. An automatic fan
signal is activated when the fan pressure falls below 50 percent of the
normal operating pressure (which currently equals 4.5 inches of water
gauge) as measured by the Photohelic gauge. This alarm shall be visible
and audible in the dispatcher's office.
(2) A Pyott Boone Belt model #1048 TA monitors the fan. When the
fan loses electrical power, the Belt Boss sends a signal to the
dispatch office which sounds an alarm. This additional alarm provides a
backup in the event the Photohelic gauge or its contacts fail to
automatically signal.
(b) The automatic fan signal device shall be tested every seven
days by manually operating a valve (Ham-Let valve) near the Photohelic
gauge and fan pressure recording chart reducing the pressure on the
water gauge to simulate a fan stoppage, causing the activation of the
fan signal.
(c) The actuation of the fan alarm shall be verified by a
responsible person at the location where the responsible person is
always on duty when anyone is underground.
(d) Once this seven-day test of the alternative method has been
successfully repeated for four consecutive weeks, the test frequency
shall change to every 31 days.
(e) The automatic fan signal device and signal alarm shall be
tested every six months by stopping the fan to ensure that the
automatic signal device causes the alarm to activate when the fan shuts
down.
(f) By the end of the shift on which the test of the automatic fan
signal device is completed, person(s) performing the test shall record
the test result of the test in a secure book. The record book shall be
retained at a surface location at the mine for one year and shall be
made available for inspection by an Authorized Representative of the
Secretary.
(g) Within 60 days of the Proposed Decision and Order (PDO) granted
by
[[Page 27804]]
MSHA, Marfork shall submit proposed revisions for its approved 30 CFR
48 training plan to the MSHA District Manager. These proposed revisions
shall include initial and refresher training regarding compliance with
the PDO granted by MSHA. Miners who are to perform the test under the
PDO granted by MSHA shall be trained annually on the proper method of
testing upon his or her initial assignment to these responsibilities.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-08222 Filed 4-17-24; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on April 18, 2024.
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