Petitions for Modification of Application of Existing Mandatory Safety Standards
| Citation | 85 FR 6223 |
| Record Number | 2020-02117 |
| Published date | 04 February 2020 |
| Section | Notices |
| Court | Labor Department,Mine Safety And Health Administration |
Federal Register, Volume 85 Issue 23 (Tuesday, February 4, 2020)
[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Pages 6223-6225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02117]
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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 a petition for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before March 5, 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, Deputy
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: Roslyn B. Fontaine, Office of
Standards, Regulations, and Variances at 202-693-9440 (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-2020-001-C.
Petitioner: Warrior Met Coal Mining, LLC.
Mines: Mine No. 4, MSHA I.D. No. 01-01247 and Mine No. 7, MSHA I.D.
No. 01-01401, located in Tuscaloosa County, AL.
Regulation Affected: 30 CFR 75.1911 (Fire suppression systems for
diesel-powered equipment and fuel transportation units).
Modification Request: The petitioner requests a modification of the
existing standard to allow use of a water-based chemical fire
suppression system (instead of a dry chemical system) and a fire
monitoring system. The petitioner proposes to use the Fogmaker High-
Pressure Water Mist Fire Suppression System (``Fogmaker System'')
manufactured by Fogmaker International AB for a variety of diesel
equipment including track locomotives, track personnel carriers, outby
forklifts, and outby shield haulers.
The petitioner states that:
(1) The two listed mines are both longwall mines that are
geographically close, and use similar mining methods and equipment.
(2) Both mines operate in the Blue Creek coal seam located in
Tuscaloosa County, Alabama, to produce coal.
The petitioner asserts that a water-based fire suppression system
is to be used because it is as effective as a dry chemical system. In
support of this view, the petitioner notes that the Fogmaker System has
been certified by the Underwriters Laboratories (UL) and Factory Mutual
(FM) standards. It has also received the following approvals: P-Mark
SPCR 183, SP Test Method 4912--SP Technical Research Institute of
Sweden; American Public Transportation Association Compliant (APTA-BTS-
BS-RP-003, APTA BTS-BS-RP-001-05); US Department of Transportation
Compliant (DOT 3AL 2216/DOT 173.306(f)); Transport Canada, Certificate
#11140; AS5062, Australian Certification for Fire Suppression System on
Transportable Machinery.
The petitioner asserts that the Fogmaker System meets all of the
requirements specified under 30 CFR 75.1911, as follow:
(a) As an alternative to 30 CFR 75.1911(a), the water-based fire
suppression Fogmaker System will be: (1) Engineered and installed to
end fires at an early stage; (2) approved by an independent laboratory,
using strict testing standards; (3) able to meet engineering,
construction, and operational requirements to cover water-based
automatic extinguisher units made for total flooding applications; and
(4) tested for its capability to detect and suppress fires, and monitor
operational systems. The Fogmaker System is made up of: Piston
accumulator(s), release valve, connector for detection tube, detection
bottle, safety valve, outlet for suppression fluid with protective
plug, refilling connection for suppression fluid, bracket, clamp,
gauge, safety screw, and 2G approved or braided stainless hoses.
(b) The Fogmaker System will achieve at least the same measure of
protection afforded to the miners by mandatory standard 30 CFR 75.1911.
The Fogmaker System meets the mandatory standard in the following
manner: (1) The system
[[Page 6224]]
creates cold-water fog that cools down the temperature and reduces the
oxygen content, the effectiveness increases when fluid is vaporized due
to contact with heated surfaces; (2) The piston accumulator and
detection bottle are positioned in protective containers and in such a
way so as to prevent damage; (3) The piston accumulator containing an
Aqueous Film-Forming Foam Concentrate (AFFF) agent is pressurized with
nitrogen to approximately 938 psi and then drops slowly to 218 psi when
activated (pressure is maintained to ensure the entire contents are
discharged); (4) The fire suppression fluid is based on frost-protected
water additives of a film-forming AFFF chemical that prevents the re-
ignition of leaking fuel and improve suppression methods; (5) An
engineering and safety risk assessment will determine the size of the
piston accumulator, the lengths of houses and stainless tubes, and the
number of nozzles; (6) The chemical is discharged through nozzles,
atomizing the water to approximately 80 [micro]m under high-pressure to
blanket the fire, fuel source, and to prevent other fires from
occurring; (7) The release valve is a hydro pneumatic, fully automotive
valve, activated by fire detection.
(c) As an alternative to 30 CFR 75.1911(a)(1), the Fogmaker System
will be engineered for the diesel equipment that it will be installed
in. The systems will be specifically designed to follow the engine
components as required by 30 CFR 75.1911(b): Starter, hydraulic pumps
and tanks, fuel tanks, and exposed brake units, air compressors, and
battery areas. The Fogmaker System will comply with component
specifications identified in the FM 5970 required standard to apply a
total flooding approach. In addition, an engineering and safety risk
assessment will be completed for each piece of diesel-powered
equipment, prior to installation and deployment; this assessment will
determine, for example, the protected volume required, the volume of
the suppressant and size of the piston accumulator, the number and
location of nozzles, and stainless tube lengths.
(d) As an alternative to 30 CFR 75.1911(a)(2), the following four
components will be be installed according to the FM-approved
installation manual--piston accumulator, detection cylinder, detection
tube, and distribution tubing. For example, the piston accumulator and
protection container will be installed to ensure a minimum of 6 inches
of clearance at the end of the container so that there is enough space
for approved hoses, braided stainless hoses, or any other approved
cables/hoses.
(e) As an alternative to 30 CFR 75.1911(a)(3), the petitioner will
use detailed instructions in the FM-approved installation manual to
install the correct type and length of detection tubing and stainless
distribution tubing for the distribution assembly. The instructions
dictate the type and length of approved or braided stainless hoses,
stainless tubing, the maximum distance between mounting points, the
minimum bend radius, and other requirements to ensure the proper and
secure mounting of hoses and tubing.
(f) As an alternative to 30 CFR 75.1911(a)(4), the petitioner will
take into account the direct hazard and volume filling needs for total
flooding in determining proper locations of nozzles. The design of the
equipment specific instillation will be based on these engineering and
safety assessments. The total flooding calculation will address the
engine compartment, and other related and specific components that are
covered by the FM standard.
(g) As an alternative to 30 CFR 75.1911(b), the Fogmaker System
will address the requirements that are dictated by the FM 5970
standard. The Fogmaker System will utilize a total flooding analysis to
determine the required volume of suppressant needed for the engine
compartment and associated components, components required by the
standard, the number of nozzles, and the minimum discharge time. A
worksheet will be completed to determine the total flooding application
of the engine compartment and specific components to determine: (1) The
protected volume, (2) the piston accumulator volume, (3) the required
quantity and position of the nozzles, and (4) the discharge time. For
the Brookeville locomotive, the petitioner will (1) determine that the
hazardous area in question is at least 75% enclosed before calculating
the protected volume; (2) take into account that the estimated
protected volume is 3m\3\ and is estimated to be at least 75% enclosed,
which means a 6.0L piston accumulator meets the FM 5970 suppressant
standard; (3) give consideration to local applications of the nozzles;
(4) note that 14 nozzles can be deployed for this application. The
Fogmaker System uses a hydropneumatics detection system for automatic
fire detection. The system will be activated by a lowering of pressure
in the pressurized tubing, which is connected to the piston accumulator
valve. The pressure inside the piston accumulator will engage a piston
against an arm that holds a smaller piston in place to prevent the
release of the suppressant. When a fire releases heat, the tubing is
weakened, which allows the pressurized fluid to be released the loss of
pressure opens the pathway and engages the suppressant.
(h) As an alternative to 30 CFR 75.1911(c), the Fogmaker System
will have audio and visual alarms, which comply with the mandatory
standard.
(i) As an alternative to 30 CFR 75.1911(d), the Fogmaker System
will have the capability to cause a shutdown delay. The factory setting
is 15 seconds but this can be changed. But the petitioner will have the
Fogmaker System activated immediately with no delay in engine shutdown.
(j) As an alternative to 30 CFR 75.1911(e), the Fogmaker System
will have the capability to install manual actuators. The petitioner
will ensure that one will be located in the operator compartment and
the other on the offside of the equipment.
(k) As an alternative to 30 CFR 75.1911(f), the Fogmaker System
will remain operational for detection and activation due to the
suppression system's mechanical nature. Additionally, the two manual
systems are always operational and will have a battery backup that
lasts at least 4 hours, in addition to being tied into the equipment's
diesel battery.
(l) As an alternative to 30 CFR 75.1911(g), the Fogmaker System is
currently designed for outby mobile diesel equipment.
(m) 30 CFR 75.1911(h) does not apply to the Fogmaker System because
it is not electrically operated.
(n) As an alternative to 30 CFR 75.1911(i), the Fogmaker System
will require a Final Installation Inspection Checklist, which requires
daily inspection confirming that the piston accumulator is charged.
Such an inspection is done by verifying that the indicator for the
pressure gauge is in the green swept area. A weekly visual inspection
is also required to ensure that it is not leaking or damaged. The
Fogmaker System will be serviced at least annually by qualified,
trained, and authorized personnel. UL requires that the Fogmaker System
be serviced at least semi-annually. The piston accumulator will be
serviced every 5 years, and the suppression fluid replaced. The piston
accumulator will be re-built and the hydrostatic pressure tested every
10 years.
(o) The petitioner is not requesting modification to 30 CFR
75.1911(j) and will perform the required recordkeeping set out by 30
CFR 75.1911(j)(1) through (j)(3).
(p) The petitioner is not requesting modification to 30 CFR 30 CFR
[[Page 6225]]
75.1911(k). The petitioner will ensure that all miners are aware of the
Fogmaker System when it is installed, and they will be trained how to
use it according to Part 48. Task training will also be conducted for
miners responsible for examinations.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2020-02117 Filed 2-3-20; 8:45 am]
BILLING CODE 4520-43-P
