[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Notices]
[Pages 36422-36424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12962]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition 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 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 July 16, 2020.
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: Roslyn B. Fontaine, Acting
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: Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9557 (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. 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 for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2020-007-C.
Petitioner: Rockwell Mining, LLC, 300 Kanawha Boulevard, East (ZIP
25301), P.O. Box 273, Charleston, West Virginia 25321-0273.
Mine: Matewan Tunnel, MSHA I.D. No. 46-08610, located in Boone
County, West Virginia.
Regulation Affected: 30 CFR 75.1108(c) (Approved conveyor belts).
Modification Request: The petitioner requests a modification of the
Part 14 belt standard for Matewan Tunnel because of the unique layout
of the mine as well as additional safety measures that will be put in
place for its overland coal belt. These measures will make the conveyor
belt in the Matewan Tunnel at least as safe as compliance with Part 14.
The petitioner states that:
(1) The Matewan Tunnel is a straight, three-entry tunnel mine
developed in 1998. The mine has been non-producing since 1998. At the
time of development, the sole purpose of the project was to provide an
excavation to install a conveyor system to transport raw coal. The seam
is 33 inches thick, requiring 48 inches of outseam excavation to
facilitate the conveyor system. The Matewan Tunnel does not liberate
any methane.
(2) The Matewan Tunnel consists of three entries developed on a
straight course 10,500 feet from outcrop to outcrop. The roof in the
belt entry (center entry) is supported by 6-foot fully grouted bolts
with T5 steel channels in every row. Steel straps and four-foot
conventional bolts support the ribs. The final conveyor structure is
offset in the entry to provide complete access along its entire length.
Thus, the ventilation system will not likely be compromised by roof or
rib integrity measures.
(3) The 42-inch conveyor is 12,445 feet long and is powered by two
separate drive installations located on the surface at each end of the
underground excavation (500 HP at Rocklick and 1,000 HP at Harris). The
conveyor is uniquely designed to turn over on each end to maintain the
material handling surface in an upward facing position. Both the top
and bottom structure are troughed 35 degrees to provide simultaneous
transportation capacity on the top and return portions of the belt. The
conveyor uses special belt with steel cable carcass related at 1,900
pounds per inch of belt width. Traveling 680 feet per minute (FPM), the
belt system has a carrying capacity of 1,000 tons per hour (TPH) on
each belt (top and bottom totaling 2,000 TPH).
(4) The Matewan Tunnel currently only transports a fraction of its
design capacity. The Matewan Tunnel transports only raw coal from two
continuous miner sections in the Black Oak Mine with an estimated daily
volume of 4,000 raw tons to Rocklick. The return belt capacity is not
utilized at the mine.
--The portal at the Preparation Plant side of the Matewan Tunnel is
known as the Rocklick Portal. The portal at the other end is known as
the Harris Portal. The Matewan Tunnel is ventilated from the Rocklick
Portal with a 5.5 foot blowing fan with a 1,200 revolutions per minute
speed, set to Blade Setting No. 5, producing 95,000 cubic feet per
minute of airflow.
--At the Rocklick Portal, fresh air enters in the No. 1 entry and
travels to the No. 11 crosscut and splits. A small portion of the air
goes to entry Nos. 2 and 3 from crosscut No. 11 back to the surface at
the Rocklick Portal. The remaining air flows to the Harris
[[Page 36423]]
Portal from crosscuts 11 to 75 in all three entries. The air in the
Matewan Tunnel is considered intake common air.
--The existing belt, which is believed to have been installed between
2005 and 2007, is in working condition with little wear. There are no
belt drives, tails, or dumping points in the tunnel. The belt runs one
shift per day, approximately 8 to 9 hours. At the Harris Portal, an
additional 1,250 feet of conveyor takes the belt to the Black Oak Mine
surface loading point. At the Rocklick Portal, about 500 feet of
conveyor belt takes the coal to the raw coal pile.
--The Matewan Tunnel has numerous safety features at or above the
minimum standards, including:
(a) Connecting crosscuts are open every 600 feet, on each stopping
line.
(b) Carbon monoxide monitors every 1,000 feet.
(c) The conveyor has belt alignment rollers every 1,000 feet.
(d) Fire taps located every 300 feet. Hoses are located at breaks
#1, 37, and 74, which exceeds the minimum requirements.
(f) Two-way communications (pager phones) are located underground
at every seventh break throughout the mine. The control room operator
at Rocklick monitors the communication system. Two-way wireless radios
worn by the surface employees can communicate with the examiner
underground.
(g) The roadways are graveled.
(h) Emergency belt stop switches every seventh break.
(i) No violations have been issued on the belt since May 19, 1998.
--Certified examiners travel the belt entry on a two-man rubber ride to
examine the belt twice per shift and record those findings in the
required examination books.
--Normally, Matewan Tunnel operates with only one miner underground
while the belt is running. The examiner of the Matewan Tunnel is a
certified foreman and electrician. Examinations take about 1 hour per
shift. When necessary, a certified miner helps with maintenance and
other tasks in the mine.
--There are no belt drives, tailpieces, or electric motors inside the
Matewan Tunnel. The belt only runs through the mine on conveyor
structure and rollers.
--The belt is approximately 1 inch thick, 42 inches wide and has steel
cable imbedded in the belt. The belt at each end is turned over so that
the coal side is always facing up on transport and return. The design
greatly reduces any spillage and accumulations in the mine.
--Self-Contained Self-Rescuer caches are stored at breaks 14, 28, 37,
42, 56, and 70. There are also emergency barricade materials kept in
the No. 3 entry.
--The Matewan Tunnel also has emergency lifelines throughout. Further,
the following significant fire detection and fire-fighting devices are
in the mine:
(1) The beltline has 13 smoke detection and carbon monoxide (CO)
sensors spaced approximately every 5 to 6 breaks. The CO sensors are
currently set to ``low alarm'' at 5 parts per millions (ppm) and ``high
alarm'' at 10 ppm, far below levels that present any danger to miners.
The CO monitoring system will be shut off by the dispatcher if the belt
hits ``high alarm'' and the sensor will be checked if it hits ``low
alarm.''
(2) The two-man ride used to examine the belt has self-rescuers and
separate fire extinguishers.
--The only alternative to using the Matewan Tunnel belt will be to
truck Black Oak Mine coal to Rocklick. This will significantly increase
the number of trucks on Route 85 in Boone County between Black Oak and
Rocklick Preparation Plant. The increase in trucks going in and out of
the Rocklick Preparation Plant will also add congestion to the load out
traffic flow.
--The operator has not experienced any safety issues with the conveyor
belt in the Matewan Tunnel nor has it received any 30 CFR 75.400
citations for accumulations of combustible materials during current
ownership. The operator has not experienced any fire related issues on
the conveyor belt at the Matewan Tunnel nor has it experienced any
significant issues with rollers on the belt in the Matewan Tunnel
beyond routine maintenance.
--Based on a chemical laboratory analysis, the belt has been confirmed
to be Part 18 compliant. The belt has not been tested for Part 14
compliance due to the operator's difficulty in finding an appropriate
testing facility.
The petitioner proposes the following alternative method of
achieving the purposes of the standard:
(a) Prior to a qualified person entering the mine, the CO system
data from the prior 2 hours will be monitored for any sign of
combustion. At the end of coal transport each day (fire run), the CO
system data from the prior 4 hours will be monitored for any signs of
combustion (i.e., CO by CO monitors on the belt).
(b) A daily functional (bump) test of at least one sensor will be
conducted for CO in addition to the weekly functional test required
under 30 CFR 75.1103-8. There are 13 sensors, which are checked every
13 days, with a different sensor to be bump tested each day.
(c) The operator will train miners on the location of Part 18 belt
and interim safety measures being taken herein and revise instruction
under 30 CFR 75.1502 as appropriate.
(d) A daily visual inspection of all fire suppression systems will
be conducted by a qualified person.
(e) The operator will install a ``waterwall system'' every 2,000
feet that will be tapped into the CO monitoring system. The waterwall
will activate at 50 ppm of CO. The waterwall will provide a minimum of
50 psi and 45 GPM of water curtain from roof to floor and rib to rib.
(f) Except during the on-shift exam, the belt will be cleared of
coal and will run empty during examinations. Examinations generally
take less than one hour. Currently, the belt runs approximately 8-9
hours a day.
(g) Other than replacing water pumps, no motors, electrical
equipment, or belt drives will be added underground and no changes will
be made to the belt configuration or layout while this petition is in
effect.
(h) Examiners will enter the mine from the Harris Portal at the
downwind side so the examiner is traveling towards the fan. From
entries 75 to 11, the examiner will be traveling into fresh air. From
crosscut No. 11 to the Rocklick Portal, fresh air will come from behind
the examiner for those 11 breaks.
(i) Examiners will be trained to immediately notify the dispatcher
in the event of CO detection. Radio contact is established throughout
the Matewan Tunnel beltline. Should a fire be encountered and not
extinguished according to the Mine Act, the examiner will withdraw from
the Matewan Tunnel and notify MSHA as required under applicable law.
(j) If the CO detection system is down, the belt will not operate
until necessary repairs have been made.
(k) All necessary replacements to belt will be Part 14 compliant.
(l) The belt will not be in operation while most maintenance is
conducted on the beltline.
The petitioner asserts that the proposed alternative method will
provide no less than the same measure
[[Page 36424]]
of protection afforded the miners under the existing standard.
Roslyn Fontaine,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-12962 Filed 6-15-20; 8:45 am]
BILLING CODE 4520-43-P