Petitions for Modification of Application of Existing Mandatory Safety Standards, 48255-48256 [2014-19355]

Download as PDF Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. Authority: 44 U.S.C. 3507(a)(1)(D). This ICR seeks to extend PRA authority for the Certification and Qualification to Examine, Test, and Operate Hoists, and to Perform Other Duties information collection. More specifically, this ICR pertains to the certification of certain persons to perform specific examinations and tests. This ICR also seeks to extend PRA approval for procedures under which a coal mine operator is required to maintain a list of certified and qualified persons, and to develop an approved training plan for hosting engineers or host operators. A respondent uses the Safety and Health Activity Certification or Hoisting Engineer Qualification Request, Form MSHA–5000–41, in order to comply with the subject information collection requirements. Federal Mine Safety and Health Act of 1977 section 103(h) authorizes this information collection. See 30 U.S.C. 813(h). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number. See 5 CFR 1320.5(a) and 1320.6. The DOL obtains OMB approval for this information collection under Control Number 1219–0127. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the current approval for this collection is scheduled to expire on August 31, 2014. The DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. The DOL notes that existing information collection requirements submitted to the OMB receive a month-to-month extension while they undergo review. For additional substantive information about this ICR, see the related notice published in the Federal Register on April 8, 2014 (79 FR 19390). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within thirty (30) days of publication of this notice in the Federal emcdonald on DSK67QTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:31 Aug 14, 2014 Jkt 232001 Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1219–0127. The OMB is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–MSHA. Title of Collection: Certification and Qualification to Examine, Test, Operate Hoists, and to Perform Other Duties. OMB Control Number: 1219–0127. Affected Public: Private Sector— businesses or other for profits. Total Estimated Number of Respondents: 1,232. Total Estimated Number of Responses: 5,659. Total Estimated Annual Time Burden: 548 hours. Total Estimated Annual Other Costs Burden: $71. Dated: August 11, 2014. Michel Smyth, Departmental Clearance Officer. BILLING CODE 4510–43–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 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 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 15, 2014. ADDRESSES: You may submit your comments, identified by ‘‘docket 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 or Hand Delivery: MSHA, Office of Standards, Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, Virginia 22209– 3939, Attention: Sheila McConnell, Acting Director, Office of Standards, Regulations and Variances. Persons delivering documents 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. 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), barron.barbara@dol.gov (Email), or 202–693–9441 (Facsimile). [These are not toll-free numbers.] SUPPLEMENTARY INFORMATION: I. Background [FR Doc. 2014–19311 Filed 8–14–14; 8:45 am] SUMMARY: 48255 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. E:\FR\FM\15AUN1.SGM 15AUN1 48256 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Notices emcdonald on DSK67QTVN1PROD with NOTICES II. Petitions for Modification Docket Number: M–2014–026–C. Petitioner: Covol Fuels No. 3, LLC, 10156 US Hwy 25E, Pineville, Kentucky 40977. Mine: Crockett, MSHA I.D. No. 15– 12682, located in Bell County, Kentucky; Coarse Coal Refuse Fill #5, Site I.D. No. KY07–12682–05. Regulation Affected: 30 CFR 77.214(a) (Refuse piles, general). Modification Request: The petitioner requests a modification of the existing standard to permit coarse refuse to be placed over abandoned underground mine openings in the Hazard #7 coal seam during the construction of Coarse Coal Refuse Fill #5. The petitioner states that there are no steamlines associated with this proposal. The petitioner further states that: (1) The openings at issue in this request have been abandoned since January 15, 2002 when the final map for the Glendon #2 Mine was filed. These openings represent no threat to underground miners because all of the affected mine workings/openings are abandoned and there are no active mine workings above or below the abandoned coal seam or within miles of the coarse refuse fill. (2) Covol Fuels No. 3 proposes to construct Coarse Coal Refuse Fill #5 in a small unnamed watershed within the Little Camp Branch watershed immediately east of the existing Little Camp Branch Slurry Impoundment along an existing bench on the Hazard #7 coal seam. There are a total of four underground mine openings located within the area where Coarse Coal Refuse Fill #5 will be constructed that will be covered. The location of each of these mine openings is identified on the Plan View Map provided in this petition. (3) The Hazard #7 coal seam in this area was mined intermittently between 1996 and January 15, 2002, by several different companies, with the last company being Parton Brothers Contracting, Inc., at the Glendon #2 Mine, MSHA I.D. No. 15–18275, Bell County, Kentucky. Provided with this petition is a copy of the ‘‘Final’’ underground mine map for Glendon #2 Mine dated 01/15/2002. (4) Coarse Refuse Fill #5 will extend along an existing bench on the Hazard #7 coal seam from near the Little Camp Branch Slurry Impoundment northeast approximately 900 feet to the abandoned underground mine site where the four relevant mine entries are located. This abandoned underground mine site extends an additional 400 feet for an approximate total of 1,300 feet of VerDate Mar<15>2010 17:31 Aug 14, 2014 Jkt 232001 the bench that will be used for coarse refuse storage. (5) This petition does not apply to the approximately 900 feet of the Hazard #7 bench. This petition only applies to the area where the four underground mine openings are located. (6) Based on the elevations on the ‘‘Final’’ underground map, the floor of the coal seam dips slightly to the southwest, therefore, there is a potential for drainage out of the mine. In order to prevent the buildup of hydrostatic pressure within the abandoned underground workings, a drainage pipe will be installed in the abandoned fan entry as identified on the design plans for this site. A drainage pipe will not be installed in the remaining three entries. (7) All four of the entries will be covered and sealed in exactly the same manner except for the entry with the drainage pipe. Generally, each entry will be cleared and opened to the extent possible. Durable well-graded sandstone will be backstowed into the entry for a depth of 10 to 20 feet. The best available clay/spoil/soil material will then be placed against the backstowed mine entry and the entire exposed coal seam to a minimum of 2 feet above the top of the coal seam to isolate the coal seam from the coarse refuse. Coarse refuse will then be placed over the entire bench in 1-foot thick horizontal lifts and compacted to a minimum of 90 percent of standard proctor. The outslope of the fill will be maintained at 2H:1V or 27. As the coarse refuse fill is constructed, the outslope of the fill will be covered with a minimum of 2 feet of the best available soil/cover material. The site will then be vegetated with a variety of grasses, legumes and trees to support the post-mining land use. (8) For the single entry that will be installed with a drainage pipe, the pipe will be a 10-inch SCR11 HDPE type pipe. This pipe will be extended into the entry a minimum of 30 to 40 feet. The end of the pipe will be left open but will be slightly elevated above the floor of the mine during installation of the pipe to prevent it from being plugged during installation. The portion of the pipe that extends into the mine entry, including the backstowed sandstone, will be perforated. Every 18-inch a total of four 3⁄4-inch diameter holes will be drilled at the quarter points to ensure that any water that accumulates in the mine will be able to drain from the mine. Once the drainage pipe exits the mine, it will be placed on a minimum of 1 percent grade all the way to exit the outslope of the fill to ensure that all water that accumulates in the mine will drain from the mine. PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 Dated: August 12, 2014. Sheila McConnell, Acting Director, Office of Standards, Regulations and Variances. [FR Doc. 2014–19355 Filed 8–14–14; 8:45 am] BILLING CODE 4510–43–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice 14–078] Notice of Intent To Grant Exclusive License National Aeronautics and Space Administration. ACTION: Notice of Intent to Grant Exclusive License. AGENCY: This notice is issued in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i). NASA hereby gives notice of its intent to grant an exclusive license in the United States to practice the inventions described and claimed in USPN 6,730,498, Production of Functional Proteins: Balance of Shear Stress and Gravity, NASA Case No. MSC–22859–1; USPN 6,946,246, Production of Functional Proteins: Balance of Shear Stress and Gravity, NASA Case No. MSC–22859–2; USPN 7,198,947, Production of Functional Proteins: Balance of Shear Stress and Gravity, NASA Case No. MSC–22859–3; and USPN 7,972,821, Production of Functional Proteins: Balance of Shear Stress and Gravity, NASA Case No. MSC–22859–5 to GRoK Technologies, LLC, having its principal place of business in Houston, Texas. The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective exclusive license will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. DATES: The prospective exclusive license may be granted unless within fifteen (15) days from the date of this published notice, NASA receives written objections including evidence and argument that establish that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Competing applications completed and received by NASA within fifteen (15) days of the date of this published notice will also be treated as objections to the grant of the contemplated exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the SUMMARY: E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Notices]
[Pages 48255-48256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19355]


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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.

-----------------------------------------------------------------------

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 15, 2014.

ADDRESSES: You may submit your comments, identified by ``docket 
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 or Hand Delivery: MSHA, Office of Standards, 
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: Sheila McConnell, Acting Director, 
Office of Standards, Regulations and Variances. Persons delivering 
documents 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.
    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), 
barron.barbara@dol.gov (Email), 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 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.

[[Page 48256]]

II. Petitions for Modification

    Docket Number: M-2014-026-C.
    Petitioner: Covol Fuels No. 3, LLC, 10156 US Hwy 25E, Pineville, 
Kentucky 40977.
    Mine: Crockett, MSHA I.D. No. 15-12682, located in Bell County, 
Kentucky; Coarse Coal Refuse Fill 5, Site I.D. No. KY07-12682-
05.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles, general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit coarse refuse to be placed over abandoned 
underground mine openings in the Hazard 7 coal seam during the 
construction of Coarse Coal Refuse Fill 5. The petitioner 
states that there are no steamlines associated with this proposal.
    The petitioner further states that:
    (1) The openings at issue in this request have been abandoned since 
January 15, 2002 when the final map for the Glendon 2 Mine was 
filed. These openings represent no threat to underground miners because 
all of the affected mine workings/openings are abandoned and there are 
no active mine workings above or below the abandoned coal seam or 
within miles of the coarse refuse fill.
    (2) Covol Fuels No. 3 proposes to construct Coarse Coal Refuse Fill 
5 in a small unnamed watershed within the Little Camp Branch 
watershed immediately east of the existing Little Camp Branch Slurry 
Impoundment along an existing bench on the Hazard 7 coal seam. 
There are a total of four underground mine openings located within the 
area where Coarse Coal Refuse Fill 5 will be constructed that 
will be covered. The location of each of these mine openings is 
identified on the Plan View Map provided in this petition.
    (3) The Hazard 7 coal seam in this area was mined 
intermittently between 1996 and January 15, 2002, by several different 
companies, with the last company being Parton Brothers Contracting, 
Inc., at the Glendon 2 Mine, MSHA I.D. No. 15-18275, Bell 
County, Kentucky. Provided with this petition is a copy of the 
``Final'' underground mine map for Glendon 2 Mine dated 01/15/
2002.
    (4) Coarse Refuse Fill 5 will extend along an existing 
bench on the Hazard 7 coal seam from near the Little Camp 
Branch Slurry Impoundment northeast approximately 900 feet to the 
abandoned underground mine site where the four relevant mine entries 
are located. This abandoned underground mine site extends an additional 
400 feet for an approximate total of 1,300 feet of the bench that will 
be used for coarse refuse storage.
    (5) This petition does not apply to the approximately 900 feet of 
the Hazard 7 bench. This petition only applies to the area 
where the four underground mine openings are located.
    (6) Based on the elevations on the ``Final'' underground map, the 
floor of the coal seam dips slightly to the southwest, therefore, there 
is a potential for drainage out of the mine. In order to prevent the 
buildup of hydrostatic pressure within the abandoned underground 
workings, a drainage pipe will be installed in the abandoned fan entry 
as identified on the design plans for this site. A drainage pipe will 
not be installed in the remaining three entries.
    (7) All four of the entries will be covered and sealed in exactly 
the same manner except for the entry with the drainage pipe. Generally, 
each entry will be cleared and opened to the extent possible. Durable 
well-graded sandstone will be backstowed into the entry for a depth of 
10 to 20 feet. The best available clay/spoil/soil material will then be 
placed against the backstowed mine entry and the entire exposed coal 
seam to a minimum of 2 feet above the top of the coal seam to isolate 
the coal seam from the coarse refuse. Coarse refuse will then be placed 
over the entire bench in 1-foot thick horizontal lifts and compacted to 
a minimum of 90 percent of standard proctor. The outslope of the fill 
will be maintained at 2H:1V or 27. As the coarse refuse fill is 
constructed, the outslope of the fill will be covered with a minimum of 
2 feet of the best available soil/cover material. The site will then be 
vegetated with a variety of grasses, legumes and trees to support the 
post-mining land use.
    (8) For the single entry that will be installed with a drainage 
pipe, the pipe will be a 10-inch SCR11 HDPE type pipe. This pipe will 
be extended into the entry a minimum of 30 to 40 feet. The end of the 
pipe will be left open but will be slightly elevated above the floor of 
the mine during installation of the pipe to prevent it from being 
plugged during installation. The portion of the pipe that extends into 
the mine entry, including the backstowed sandstone, will be perforated. 
Every 18-inch a total of four \3/4\-inch diameter holes will be drilled 
at the quarter points to ensure that any water that accumulates in the 
mine will be able to drain from the mine. Once the drainage pipe exits 
the mine, it will be placed on a minimum of 1 percent grade all the way 
to exit the outslope of the fill to ensure that all water that 
accumulates in the mine will drain from the mine.

    Dated: August 12, 2014.
Sheila McConnell,
Acting Director, Office of Standards, Regulations and Variances.
[FR Doc. 2014-19355 Filed 8-14-14; 8:45 am]
BILLING CODE 4510-43-P