Petitions for Modification of Application of Existing Mandatory Safety Standards, 51058-51060 [2011-20978]
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51058
Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices
of the net impact of services provided
by YouthBuild programs funded by the
Department and the Corporation. This
evaluation will offer policymakers,
program administrators, service
providers, future applicants, and the
public information about the relative
effectiveness of YouthBuild programs,
how the effectiveness varies by target
population, and how the services are
implemented. The study will also
produce estimates of the benefits and
costs of these services. Compared to
peers who remain in school, high school
dropouts are more likely to be
disconnected from school and work, be
incarcerated, be unmarried, and have
children outside of marriage. Thus, the
evaluation represents an important
opportunity to add to the growing body
of knowledge about the impacts of
‘‘second chance’’ programs for youth
who have dropped out of high school.
The complete experimental design
impact evaluation of the YouthBuild
program will take seven years, including
a follow-up period that extends for four
years after the last applicant is enrolled
in the study and additional time for
analyzing and reporting the results. The
evaluation is funded by both the
Department and the Corporation. It will
measure core program outcomes
including educational attainment,
postsecondary planning, employment,
earnings, personal development,
delinquency and involvement with the
criminal justice system. Random
assignment will be conducted in
approximately 60 randomly-selected
DOL-funded sites and 17 randomlyselected CNCS-funded sites. Youth in
those sites who are eligible for
YouthBuild services will be randomly
assigned to one of two groups: the
program group, which can receive all
YouthBuild services, and the control
group, which cannot receive
YouthBuild services for a 24 months
after enrollment but can receive services
from other organizations in their
communities. In the participating
YouthBuild sites, all eligible applicants
for YouthBuild services will be asked to
participate in the study during the 12–
18 month study enrollment period.
They will be informed of the evaluation,
provided an opportunity to ask
questions or seek clarification of their
role and responsibilities should they
agree to participate, and then asked to
give their consent to participate.
Applicants who do not consent to
participate in the study will not be
allowed to enroll in YouthBuild or
receive services or training funded by
the YouthBuild program. As will be the
case for those in the control group, those
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who do not consent to participate in the
study can receive training services from
other organizations in their
communities. The Department expects a
total of about 4,600 YouthBuild program
applicants to be randomly assigned to
one of the two groups under the
evaluation.
The Department has determined that
it is in the public interest to use a
random assignment impact
methodology because random
assignment is generally viewed as the
best and most feasible design for
credibly and reliably answering
questions about the effectiveness of
social programs and policy
interventions. More than any other
approach, random assignment
minimizes the chance that any observed
differences in outcomes between
research groups are due to unmeasured,
preexisting differences between
members of the groups. When
implemented carefully, random
assignment creates groups that are
almost identical in their characteristics
before the intervention, differing only in
whether they are exposed to the
intervention. As a result, differences in
average outcomes between the groups
can be causally attributed to the
intervention.
The Department recognizes that this
design will assign some applicants to
the control group, which will not have
access to YouthBuild services. However,
those who are assigned to the control
group will be eligible for other services
in their communities and also eligible to
reapply for YouthBuild services 24
months after enrollment into the study.
To protect the rights and welfare of
YouthBuild applicants who agree to
participate in the evaluation, the
evaluation team, lead by researchers
from MDRC submitted the YouthBuild
evaluation design to MDRC’s
Institutional Review Board (IRB) for
concurrence. An IRB is a committee
specifically responsible for protecting
the rights and welfare of humans
involved in biomedical and behavioral
research. On May 3, 2011, MDRC’s IRB
determined this study to be of no more
than minimal risk and approved it.
II. Desired Focus of Comments
Currently, DOL is soliciting comments
concerning the Department’s intent to
carry out the random assignment study
described above: for the limited
enrollment period, applicants for
YouthBuild services and training would
be required to consent to participate in
the study, where they would be
randomly assigned to one of the two
research groups. Applicants who do not
consent to participate would be
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ineligible to receive YouthBuild services
and training. This requirement would
apply only to applicants in the limited
number of YouthBuild program sites
selected to participate in this
evaluation.
The Department seeks comments
focused on whether there is a
methodology that would yield as
credible and reliable an evaluation of
the YouthBuild program as random
assignment, but avoids adverse affect on
the study participants. The Department
also welcomes comments that suggest
ways to more effectively minimize any
adverse impact on the study
participants who participate in the
study described above.
III. Current Actions
Following receipt of comments in
response to this request, ETA will
adjust, as appropriate, the approach for
temporarily requiring applicants for
YouthBuild services and training at
select DOL-funded and CNCS-funded
sites to participate in random
assignment. Comments submitted in
response to this request will also
become a matter of public record.
Signed at Washington, DC, this 12th day of
August, 2011.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2011–20971 Filed 8–16–11; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
Section 101(c) of the Federal
Mine Safety and Health Act of 1977 and
30 CFR part 44 govern the application,
processing, and disposition of petitions
for modification. This notice is a
summary of petitions for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the parties
listed below to modify the application
of existing mandatory safety standards
codified in Title 30 of the Code of
Federal Regulations.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations and Variances
on or before September 16, 2011.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
SUMMARY:
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Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail: MSHA, Office of
Standards, Regulations and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939,
Attention: Roslyn B. Fontaine, Acting
Director, Office of Standards,
Regulations and Variances.
4. Hand-Delivery or Courier: MSHA,
Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia 22209–
3939, Attention: Roslyn B. Fontaine,
Acting Director, Office of Standards,
Regulations and Variances.
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.
Individuals who submit comments by
hand-delivery are required to check in
at the receptionist’s desk on the 21st
floor.
Individuals may inspect copies of the
petitions and comments during normal
business hours at the address listed
above.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(E-mail), or 202–693–9441 (Facsimile).
[These are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
Emcdonald on DSK2BSOYB1PROD with NOTICES
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 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–2011–022–C.
Petitioner: Sage Creek Coal Company,
LLC, Three Gateway Center, Suite 1340,
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401 Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mine: Peabody Sage Creek Mine,
MSHA Mine I.D. No. 05–04952, located
in Routt County, Colorado.
Regulation Affected: 30 CFR
75.1909(b)(6) (Nonpermissible dieselpowered equipment; design and
performance requirements.
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance with respect to
the braking systems on a grader. The
petitioner states that: (1) The petition is
limited in application to the diesel
motorgraders. (2) The maximum speed
on the Diesel Motorgraders will be
limited to 10 mph by: (a) permanently
blocking out the gear(s) or any gear
ratio(s) that provide higher speeds. The
device will limit the vehicle speed in
both forward and reverse; and (b) using
transmission(s) and differential(s)
geared in accordance with the
equipment manufacturer which limits
the maximum speed to 10 mph. (3) Prior
to implementing the alternative method:
(a) The diesel grader will be inspected
by MSHA to determine compliance with
the terms and conditions; (b) grader
operators will be trained to recognize
appropriate levels of speed for different
road conditions and slopes; (c) grader
operators will be trained to lower the
moldboard (grader blade) to provide
additional stopping capability in
emergencies; and (d) grader operators
will be trained to recognize the
transmission gear blocking device and
its proper application requirements. (4)
The grader will comply with all other
applicable requirements of the Federal
Mine Safety and Health Act of 1977 and
the applicable requirements of 30 CFR,
parts 75 and 77. (5) Within 60 days after
the proposed decision and order
becomes final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions stated in the
petition. The proposed alternative
method will at all times guarantee no
less than the same measure of protection
to all miners as would be provided by
the standard.
Docket Number: M–2011–023–C.
Petitioner: Peabody Twentymile
Mining LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue,
Pittsburgh, Pennsylvania 15222–1000.
Mine: Foidel Creek Mine, MSHA
Mine I.D. No. 05–03836, located in
Routt County, Colorado.
Regulation Affected: 30 CFR
75.1909(b)(6) (Nonpermissible diesel-
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51059
powered equipment; design and
performance requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance with respect to
the braking systems on a grader. The
petitioner states that: (1) The petition is
limited in application to the Diesel
Motorgraders. (2) The maximum speed
on the Diesel Motorgraders will be
limited to 10 mph by: (a) permanently
blocking out the gear(s) or any gear
ratio(s) that provide higher speeds. The
device will limit the vehicle speed in
both forward and reverse; and (b) using
transmission(s) and differential(s)
geared in accordance with the
equipment manufacturer which limits
the maximum speed to 10 mph. (3) Prior
to implementing the alternative method:
(a) the diesel grader will be inspected by
MSHA to determine compliance with
the terms and conditions; (b) grader
operators will be trained to recognize
appropriate levels of speed for different
road conditions and slopes; (c) grader
operators will be trained to lower the
moldboard (grader blade) to provide
additional stopping capability in
emergencies; and (d) grader operators
will be trained to recognize the
transmission gear blocking device and
its proper application requirements. (4)
The grader will comply with all other
applicable requirements of the Federal
Mine Safety and Health Act of 1977 and
the applicable requirements of 30 CFR,
Parts 75 and 77. (5) Within 60 days after
the proposed decision and order
becomes final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. These revisions will specify
initial and refresher training regarding
the terms and conditions stated in the
petition. The proposed alternative
method will at all times guarantee no
less than the same measure of protection
to all miners as would be provided by
the standard.
Docket Number: M–2011–005–M.
Petitioner: Troy Mine, Inc., P.O. Box
1660, Highway 56 South Mine Road,
Troy, Montana 59935.
Mine: Troy Mine, MSHA Mine I.D.
No. 24–01467, located in Lincoln
County, Montana.
Regulation Affected: 30 CFR 57.11055
(Inclined escapeways).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance to permit the use
of a 317-foot portion of a designated
secondary escapeway, which is steelencased, with secure landings, and
equipped with a leaky feeder
communication system. The petitioner
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51060
Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices
seeks a modification of the existing
standard: (1) As it pertains to a
secondary escapeway/raisebore from the
C Bed to the Lower Quartzite area; (2)
The secondary escapeway/raisebore
from the C Bed to the Lower Quartzite
area is 42 inches in diameter and steelencased. The escapeway/raisebore from
the C Bed to the Lower Quartzite area
is equipped with a ladder and secure
landings at least every 30 feet, in
conformance with 30 CFR 57.11025.
The secondary escapeway/raisebore
from the C Bed to the Lower Quartzite
area consists of two sections. The first
section is 114 feet, and the second
section is 317 feet. The first section
begins at the C Bed and ends at the
Upper C Bed. The second section begins
at the Upper C Bed and ends at the
Lower Quartzite area. Refer to
Attachments A and B for diagrams of
the area in question; (3) The mine
proposes an alternative method of
compliance with the existing standard,
by installation of a leaky feeder
communication system in the steelencased secondary escapeway. The
alternative method provides mines in
the escapeway with continuous
communication with the surface and
will allow for notification that
personnel are in the raise and on their
way out. The leaky feeder system will
be protected from damage due to steel
encasement of the escapeway/raisebore.
The steel encasement of the escapeway/
raisebore will also prevent exposure to
falling rock in the secondary escapeway
to miners. The landings spaced at a
maximum of 30 foot intervals are
configured to provide protection to
resting miners from falling down the
escapeway; (4) In the alternative to
compliance with the existing standard,
the petitioner proposes to: (a) Install a
leaky feeder communication cable in the
secondary escapeway/raisebore from the
C Bed to the Lower Quartzite area; (b)
install radio boxes in the secondary
escapeway/raisebore from the C Bed to
the Lower Quartzite area. The radio
boxes will each contain: (i) A radio; (ii)
A charging station for the radio; and (iii)
An extra battery for the radio; (c) within
45 days after the proposed decision and
order becomes final, the petitioner will
submit proposed revisions to the escape
and evacuation plan as required in 30
CFR 57.11053; and (d) with 60 days
after the proposed decision and order
becomes final, the petitioner will submit
proposed revisions of its approved 30
CFR part 48 training plan to the Metal/
Nonmetal Safety and Health District
Manager. In addition to the
requirements specified, these proposed
revisions will specify initial and
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Jkt 223001
refresher training regarding the terms
and conditions stated in the proposed
decision and order. 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–2011–006–M.
Petitioner: Degerstrom Ventures, 3268
Blackfoot River Road, Soda Springs,
Idaho 83276.
Mine: Enoch Valley Mine and South
Rasmussen Mine, MSHA Mine I.D. No.
10–01702, located in Caribou County,
Idaho.
Regulation Affected: 30 CFR
56.9300(a) (Berms or guardrails).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the haul road to be
used without berms or guardrails being
provided or maintained on the banks of
the roadway where a drop-off exists of
sufficient grade or depth to cause a
vehicle to overturn or endanger persons
in equipment. The petitioner asserts that
the addition of berms or guardrails to
the haul road will add a substantial
hazard to the safety of the haul trucks
and will expose the operators of the
trucks to an unnecessary, unsafe
condition. The petitioner states that: (1)
Its predecessor, Dravo Soda Springs, has
previously obtained similar
modification of 30 CFR 56.9300(a) on
two previous occasions relating to other
sections of the same roadway that
applies to 8.6 miles of haul road covered
by previous decision and orders as well
as a new 3.1 mile section of roadway;
and (2) The modification is needed
because the mining operation is
expected to be extended to a new site
in the same vicinity, known as the
Blackfoot Bridge Mine. The Record of
Decision for the new proposed Blackfoot
Bridge Mine was filed June 17, 2011,
and will be covered under the same
mine identification number as the
Enoch Valley Mine and South
Rasmussen Mine. The petitioner asserts
that the use of berms or guardrails on
the haul road will add a hazard to the
safety of the haul trucks and will expose
the operators of the trucks to unsafe
conditions.
Dated: August 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011–20978 Filed 8–16–11; 8:45 am]
BILLING CODE 4510–43–P
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MARINE MAMMAL COMMISSION
Guidelines for Ensuring and
Maximizing the Quality, Objectivity,
Utility, and Integrity of Information
Marine Mammal Commission.
Final guidelines.
AGENCY:
ACTION:
The Marine Mammal
Commission adopts these guidelines to
ensure and maximize the quality,
objectivity, utility, and integrity of
information disseminated by the agency
in accordance with the directive issued
by the Office of Management and
Budget (67 FR 8452–8460), pursuant to
section 515 of the Treasury and General
Government Appropriations Act for
Fiscal Year 2001.
FOR FURTHER INFORMATION CONTACT:
Michael L. Gosliner, General Counsel,
Marine Mammal Commission, 4340
East-West Highway, Room 700,
Bethesda MD 20814; telephone: (301)
504–0087; fax: (301) 504–0099
SUMMARY:
Background
Section 515 of the Treasury and
General Government Appropriations
Act for Fiscal Year 2001 (Pub. L. 106–
554) directs the Office of Management
and Budget (OMB) to issue governmentwide guidelines that ‘‘provide policy
and procedural guidance to federal
agencies for ensuring and maximizing
the quality, objectivity, utility and
integrity of information (including
statistical information) disseminated by
federal agencies.’’ Pursuant to this
directive, OMB issued guidelines on 22
February 2002 (67 FR 8452–8460) that
direct each federal agency to (1) Issue its
own guidelines ensuring and
maximizing the quality, objectivity,
utility, and integrity of information
disseminated by the agency; (2)
establish administrative mechanisms to
allow affected persons to seek and
obtain correction of information that
does not comply with the OMB
guidelines or the agency’s guidelines,
and (3) report periodically to the
director of OMB on the number and
nature of complaints received by the
agency regarding the accuracy of
information disseminated by the agency
and how such complaints were handled
by the agency.
The Marine Mammal Commission
was established under the Marine
Mammal Protection Act of 1972 to
provide independent oversight of the
marine mammal conservation policies
and programs being carried out by
federal agencies. The Commission is
charged with developing, reviewing,
and making recommendations on
domestic and international actions and
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]]>Agencies
[Federal Register Volume 76, Number 159 (Wednesday, August 17, 2011)]
[Notices]
[Pages 51058-51060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20978]
-----------------------------------------------------------------------
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: Section 101(c) of the Federal Mine Safety and Health Act of
1977 and 30 CFR part 44 govern the application, processing, and
disposition of petitions for modification. This notice is a summary of
petitions for modification submitted to the Mine Safety and Health
Administration (MSHA) by the parties listed below to modify the
application of existing mandatory safety standards codified in Title 30
of the Code of Federal Regulations.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations and Variances on or before September 16, 2011.
ADDRESSES: You may submit your comments, identified by ``docket
[[Page 51059]]
number'' on the subject line, by any of the following methods:
1. Electronic Mail: zzMSHA-comments@dol.gov. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail: MSHA, Office of Standards, Regulations and
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209-
3939, Attention: Roslyn B. Fontaine, Acting Director, Office of
Standards, Regulations and Variances.
4. Hand-Delivery or Courier: MSHA, Office of Standards, Regulations
and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia
22209-3939, Attention: Roslyn B. Fontaine, Acting Director, Office of
Standards, Regulations and Variances.
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. Individuals
who submit comments by hand-delivery are required to check in at the
receptionist's desk on the 21st floor.
Individuals may inspect copies of the petitions and comments during
normal business hours at the address listed above.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations and Variances at 202-693-9447 (Voice),
barron.barbara@dol.gov (E-mail), or 202-693-9441 (Facsimile). [These
are not toll-free numbers].
SUPPLEMENTARY INFORMATION:
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 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-2011-022-C.
Petitioner: Sage Creek Coal Company, LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Peabody Sage Creek Mine, MSHA Mine I.D. No. 05-04952, located
in Routt County, Colorado.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements.
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance with
respect to the braking systems on a grader. The petitioner states that:
(1) The petition is limited in application to the diesel motorgraders.
(2) The maximum speed on the Diesel Motorgraders will be limited to 10
mph by: (a) permanently blocking out the gear(s) or any gear ratio(s)
that provide higher speeds. The device will limit the vehicle speed in
both forward and reverse; and (b) using transmission(s) and
differential(s) geared in accordance with the equipment manufacturer
which limits the maximum speed to 10 mph. (3) Prior to implementing the
alternative method: (a) The diesel grader will be inspected by MSHA to
determine compliance with the terms and conditions; (b) grader
operators will be trained to recognize appropriate levels of speed for
different road conditions and slopes; (c) grader operators will be
trained to lower the moldboard (grader blade) to provide additional
stopping capability in emergencies; and (d) grader operators will be
trained to recognize the transmission gear blocking device and its
proper application requirements. (4) The grader will comply with all
other applicable requirements of the Federal Mine Safety and Health Act
of 1977 and the applicable requirements of 30 CFR, parts 75 and 77. (5)
Within 60 days after the proposed decision and order becomes final, the
petitioner will submit proposed revisions for its approved 30 CFR part
48 training plan to the District Manager. These revisions will specify
initial and refresher training regarding the terms and conditions
stated in the petition. The proposed alternative method will at all
times guarantee no less than the same measure of protection to all
miners as would be provided by the standard.
Docket Number: M-2011-023-C.
Petitioner: Peabody Twentymile Mining LLC, Three Gateway Center,
Suite 1340, 401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mine: Foidel Creek Mine, MSHA Mine I.D. No. 05-03836, located in
Routt County, Colorado.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance with
respect to the braking systems on a grader. The petitioner states that:
(1) The petition is limited in application to the Diesel Motorgraders.
(2) The maximum speed on the Diesel Motorgraders will be limited to 10
mph by: (a) permanently blocking out the gear(s) or any gear ratio(s)
that provide higher speeds. The device will limit the vehicle speed in
both forward and reverse; and (b) using transmission(s) and
differential(s) geared in accordance with the equipment manufacturer
which limits the maximum speed to 10 mph. (3) Prior to implementing the
alternative method: (a) the diesel grader will be inspected by MSHA to
determine compliance with the terms and conditions; (b) grader
operators will be trained to recognize appropriate levels of speed for
different road conditions and slopes; (c) grader operators will be
trained to lower the moldboard (grader blade) to provide additional
stopping capability in emergencies; and (d) grader operators will be
trained to recognize the transmission gear blocking device and its
proper application requirements. (4) The grader will comply with all
other applicable requirements of the Federal Mine Safety and Health Act
of 1977 and the applicable requirements of 30 CFR, Parts 75 and 77. (5)
Within 60 days after the proposed decision and order becomes final, the
petitioner will submit proposed revisions for its approved 30 CFR part
48 training plan to the District Manager. These revisions will specify
initial and refresher training regarding the terms and conditions
stated in the petition. The proposed alternative method will at all
times guarantee no less than the same measure of protection to all
miners as would be provided by the standard.
Docket Number: M-2011-005-M.
Petitioner: Troy Mine, Inc., P.O. Box 1660, Highway 56 South Mine
Road, Troy, Montana 59935.
Mine: Troy Mine, MSHA Mine I.D. No. 24-01467, located in Lincoln
County, Montana.
Regulation Affected: 30 CFR 57.11055 (Inclined escapeways).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance to
permit the use of a 317-foot portion of a designated secondary
escapeway, which is steel-encased, with secure landings, and equipped
with a leaky feeder communication system. The petitioner
[[Page 51060]]
seeks a modification of the existing standard: (1) As it pertains to a
secondary escapeway/raisebore from the C Bed to the Lower Quartzite
area; (2) The secondary escapeway/raisebore from the C Bed to the Lower
Quartzite area is 42 inches in diameter and steel-encased. The
escapeway/raisebore from the C Bed to the Lower Quartzite area is
equipped with a ladder and secure landings at least every 30 feet, in
conformance with 30 CFR 57.11025. The secondary escapeway/raisebore
from the C Bed to the Lower Quartzite area consists of two sections.
The first section is 114 feet, and the second section is 317 feet. The
first section begins at the C Bed and ends at the Upper C Bed. The
second section begins at the Upper C Bed and ends at the Lower
Quartzite area. Refer to Attachments A and B for diagrams of the area
in question; (3) The mine proposes an alternative method of compliance
with the existing standard, by installation of a leaky feeder
communication system in the steel-encased secondary escapeway. The
alternative method provides mines in the escapeway with continuous
communication with the surface and will allow for notification that
personnel are in the raise and on their way out. The leaky feeder
system will be protected from damage due to steel encasement of the
escapeway/raisebore. The steel encasement of the escapeway/raisebore
will also prevent exposure to falling rock in the secondary escapeway
to miners. The landings spaced at a maximum of 30 foot intervals are
configured to provide protection to resting miners from falling down
the escapeway; (4) In the alternative to compliance with the existing
standard, the petitioner proposes to: (a) Install a leaky feeder
communication cable in the secondary escapeway/raisebore from the C Bed
to the Lower Quartzite area; (b) install radio boxes in the secondary
escapeway/raisebore from the C Bed to the Lower Quartzite area. The
radio boxes will each contain: (i) A radio; (ii) A charging station for
the radio; and (iii) An extra battery for the radio; (c) within 45 days
after the proposed decision and order becomes final, the petitioner
will submit proposed revisions to the escape and evacuation plan as
required in 30 CFR 57.11053; and (d) with 60 days after the proposed
decision and order becomes final, the petitioner will submit proposed
revisions of its approved 30 CFR part 48 training plan to the Metal/
Nonmetal Safety and Health District Manager. In addition to the
requirements specified, these proposed revisions will specify initial
and refresher training regarding the terms and conditions stated in the
proposed decision and order. 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-2011-006-M.
Petitioner: Degerstrom Ventures, 3268 Blackfoot River Road, Soda
Springs, Idaho 83276.
Mine: Enoch Valley Mine and South Rasmussen Mine, MSHA Mine I.D.
No. 10-01702, located in Caribou County, Idaho.
Regulation Affected: 30 CFR 56.9300(a) (Berms or guardrails).
Modification Request: The petitioner requests a modification of the
existing standard to permit the haul road to be used without berms or
guardrails being provided or maintained on the banks of the roadway
where a drop-off exists of sufficient grade or depth to cause a vehicle
to overturn or endanger persons in equipment. The petitioner asserts
that the addition of berms or guardrails to the haul road will add a
substantial hazard to the safety of the haul trucks and will expose the
operators of the trucks to an unnecessary, unsafe condition. The
petitioner states that: (1) Its predecessor, Dravo Soda Springs, has
previously obtained similar modification of 30 CFR 56.9300(a) on two
previous occasions relating to other sections of the same roadway that
applies to 8.6 miles of haul road covered by previous decision and
orders as well as a new 3.1 mile section of roadway; and (2) The
modification is needed because the mining operation is expected to be
extended to a new site in the same vicinity, known as the Blackfoot
Bridge Mine. The Record of Decision for the new proposed Blackfoot
Bridge Mine was filed June 17, 2011, and will be covered under the same
mine identification number as the Enoch Valley Mine and South Rasmussen
Mine. The petitioner asserts that the use of berms or guardrails on the
haul road will add a hazard to the safety of the haul trucks and will
expose the operators of the trucks to unsafe conditions.
Dated: August 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-20978 Filed 8-16-11; 8:45 am]
BILLING CODE 4510-43-P
