Petitions for Modification of Application of Existing Mandatory Safety Standards, 42548-42549 [2015-17540]
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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
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description of any hazardous condition
found and the corrective action taken to
abate it. The record is necessary to
ensure that the inspections and tests are
conducted in a timely fashion and that
corrective action is taken when
hazardous conditions are identified,
thereby ensuring a safe working
environment for the slope and shaft
sinking employees. The record is
maintained at the mine site for the
duration of the operation.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Records of Preshift
and Onshift Inspections of Slope and
Shaft Areas of Slope and Shaft Sinking
Operations at Coal Mines. MSHA is
particularly interested in comments
that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to 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.
The information collection request
will be available on https://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on www.regulations.gov and
www.reginfo.gov.
The public may also examine publicly
available documents at USDOL-Mine
Safety and Health Administration, 201
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at
the receptionist’s desk on the 4th floor
via the East elevator.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
III. Current Actions
This request for collection of
information contains provisions for
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Records of Preshift and Onshift
Inspections of Slope and Shaft Areas of
Slope and Shaft Sinking Operations at
Coal Mines. MSHA has updated the data
with respect to the number of
respondents, responses, burden hours,
and burden costs supporting this
information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0082.
Affected Public: Business or other forprofit.
Number of Respondents: 19.
Frequency: On occasion.
Number of Responses: 8,360.
Annual Burden Hours: 10,450 hours.
Annual Respondent or Recordkeeper
Cost: $0.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated: July 13, 2015.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2015–17542 Filed 7–16–15; 8:45 am]
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
Title 30 of the Code of Federal
Regulations, 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.
DATES: All comments on the petitions
must be received by the Office of
Standards, Regulations, and Variances
on or before August 17, 2015.
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.
SUMMARY:
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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: Sheila
McConnell, 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 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.
II. Petitions for Modification
Docket Number: M–2015–013–C.
Petitioner: Emerald Processing, LLC,
1144 Market Street, Suite 400,
Wheeling, West Virginia 26003.
Mine: Peerless Rachel Mine, MSHA
I.D. No. 46–09258, located in Boone
County, West Virginia.
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, which requires service brakes
that act on each wheel of the vehicle, to
permit the use of a Getman diesel grader
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srobinson on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
to be operated underground with only
rear wheel brakes. The petitioner states
that:
(1) The diesel grader will be limited
to a maximum speed of 10 miles per
hour by physically blocking the higher
gear ratios that provide for speeds
exceeding 10 miles per hour.
(2) The miners that operate the grader
will be trained to recognize the gear
blocking device and its proper
application and requirements.
(3) The miners that operate the grader
will be trained to drop the grader blade
in emergencies to provide additional
stopping capability.
(4) Limiting the grader to low speeds,
coupled with the availability of the
grader blade for stopping in
emergencies, will provide the
appropriate stopping ability. The rear
wheel brakes will be maintained in
proper working condition at all times.
(5) The Getman diesel grader will
meet all other applicable requirements
of the Federal Mine Safety and Health
Act of 1977 and MSHA’s regulations.
(6) This petition is limited to the
Getman diesel grader serial number
6732.
(7) Within 60 days after this petition
becomes final, the petitioner will submit
proposed revisions for their approved
30 CFR part 48 training plan to the
District Manager. These revisions will
specify initial and refresher training
consistent with the terms and
conditions stated in the petition.
Docket Number: M–2015–014–C.
Petitioner: XMV, Inc., 640 Clover Dew
Dairy Road, Princeton, West Virginia
24740.
Mine: Mine No. 40, MSHA I.D. No.
46–09298, located in McDowell County,
West Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuse piles; general).
Modification Request: The petitioner
requests a modification of the existing
standard to permit, upon abandonment
of the XMV Mine No. 40, completion of
the following as an alternative method
to the standard:
(1) The Army Corps of Engineers has
documented that the existing
groundwater table is only present below
the proposed Pocahontas No. 9 Seam
mine portals at the level of the
Pocahontas No. 3 Seam mine void. This
is due to extensive mining of the
Pocahontas No. 3 Seam, which has
fractured the overlying strata. The
Pocahontas No. 3 Seam is ± 300 feet
below the Pocahontas No. 9 Seam.
Based upon the site-specific data
provided, the petitioner proposes to seal
the five up-dip mine entries with a
concrete block seal and fill the
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remaining area between the mine seal
and the surface with the most
impervious and noncombustible
material available. Entry No. 1 will be
equipped with a ‘‘wet’’ seal that will
extrude from the block seal outward to
the edge of the Pocahontas No. 9 Seam
mine bench and entries Nos. 2, 3, 4 and
5 will be constructed as ‘‘dry’’ seals.
Although the possibility of impounding
water in the mine void is unlikely
because the refuse area will be up-dip
of the abandoned mine and above the
Pocahontas No. 3 Seam, a wet seal will
be used as a preventive measure.
(2) To minimize the possibility of
ignition and burning, in addition to
placing the most impervious and
noncombustible material within limits
of the concrete seals and the surface, the
most impervious and noncombustible
material will be used to encapsulate the
exposed coal seam along the existing
highwall with a minimum of 4 feet of
cover.
(3) Once the coal seam and mine
entries are sealed and encapsulated, the
placement of dry, screened refuse
material from the underlying XMV Mine
No. 42—Pocahontas No. 6 Seam mine
will be used to backfill and eliminate
the existing highwall.
The petitioner asserts that as
indicated in the information and
designs provided, the encapsulation of
the entire coal seam, the location of the
proposed refuse area up-dip of the
underground mine void, and the
absence of any groundwater discharge,
the proposed plan limits the potential
for burning of the coal seam or
impounding water within the mine void
and will provide no less than the same
measure of protection or greater than
that afforded by the standard.
Dated: July 13, 2015.
Sheila McConnell,
Acting Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 2015–17540 Filed 7–16–15; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0065]
Proposed Extension of Information
Collection; Petitions for Modification of
Mandatory Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
SUMMARY:
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42549
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995, 44 U.S.C. 3506(c)(2)(A). This
program helps to assure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Petitions for
Modification of Mandatory Safety
Standards.
DATES: All comments must be received
on or before September 15, 2015.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2015–0016.
• Regular Mail: Send comments to
USDOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• Hand Delivery: USDOL-Mine Safety
and Health Administration, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452. Sign in at the
receptionist’s desk on the 4th floor via
the East elevator.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Acting Director,
Office of Standards, Regulations, and
Variances, MSHA, at
MSHA.information.collections@dol.gov
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. Section 811(c), provides
that a mine operator or a representative
of miners may petition the Secretary of
Labor (Secretary) to modify the
application of a mandatory safety
standard. A petition for modification
may be granted if the Secretary
determines (1) that an alternative
method of achieving the results of the
standard exists and that it will
guarantee, at all times, no less than the
same measure of protection for the
miners affected as that afforded by the
standard, or (2) that the application of
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]]>Agencies
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42548-42549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17540]
-----------------------------------------------------------------------
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 Title 30 of the Code of Federal Regulations, 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.
DATES: All comments on the petitions must be received by the Office of
Standards, Regulations, and Variances on or before August 17, 2015.
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, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, 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 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.
II. Petitions for Modification
Docket Number: M-2015-013-C.
Petitioner: Emerald Processing, LLC, 1144 Market Street, Suite 400,
Wheeling, West Virginia 26003.
Mine: Peerless Rachel Mine, MSHA I.D. No. 46-09258, located in
Boone County, West Virginia.
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, which requires service brakes that act on each wheel
of the vehicle, to permit the use of a Getman diesel grader
[[Page 42549]]
to be operated underground with only rear wheel brakes. The petitioner
states that:
(1) The diesel grader will be limited to a maximum speed of 10
miles per hour by physically blocking the higher gear ratios that
provide for speeds exceeding 10 miles per hour.
(2) The miners that operate the grader will be trained to recognize
the gear blocking device and its proper application and requirements.
(3) The miners that operate the grader will be trained to drop the
grader blade in emergencies to provide additional stopping capability.
(4) Limiting the grader to low speeds, coupled with the
availability of the grader blade for stopping in emergencies, will
provide the appropriate stopping ability. The rear wheel brakes will be
maintained in proper working condition at all times.
(5) The Getman diesel grader will meet all other applicable
requirements of the Federal Mine Safety and Health Act of 1977 and
MSHA's regulations.
(6) This petition is limited to the Getman diesel grader serial
number 6732.
(7) Within 60 days after this petition becomes final, the
petitioner will submit proposed revisions for their approved 30 CFR
part 48 training plan to the District Manager. These revisions will
specify initial and refresher training consistent with the terms and
conditions stated in the petition.
Docket Number: M-2015-014-C.
Petitioner: XMV, Inc., 640 Clover Dew Dairy Road, Princeton, West
Virginia 24740.
Mine: Mine No. 40, MSHA I.D. No. 46-09298, located in McDowell
County, West Virginia.
Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
Modification Request: The petitioner requests a modification of the
existing standard to permit, upon abandonment of the XMV Mine No. 40,
completion of the following as an alternative method to the standard:
(1) The Army Corps of Engineers has documented that the existing
groundwater table is only present below the proposed Pocahontas No. 9
Seam mine portals at the level of the Pocahontas No. 3 Seam mine void.
This is due to extensive mining of the Pocahontas No. 3 Seam, which has
fractured the overlying strata. The Pocahontas No. 3 Seam is 300 feet below the Pocahontas No. 9 Seam. Based upon the site-
specific data provided, the petitioner proposes to seal the five up-dip
mine entries with a concrete block seal and fill the remaining area
between the mine seal and the surface with the most impervious and
noncombustible material available. Entry No. 1 will be equipped with a
``wet'' seal that will extrude from the block seal outward to the edge
of the Pocahontas No. 9 Seam mine bench and entries Nos. 2, 3, 4 and 5
will be constructed as ``dry'' seals. Although the possibility of
impounding water in the mine void is unlikely because the refuse area
will be up-dip of the abandoned mine and above the Pocahontas No. 3
Seam, a wet seal will be used as a preventive measure.
(2) To minimize the possibility of ignition and burning, in
addition to placing the most impervious and noncombustible material
within limits of the concrete seals and the surface, the most
impervious and noncombustible material will be used to encapsulate the
exposed coal seam along the existing highwall with a minimum of 4 feet
of cover.
(3) Once the coal seam and mine entries are sealed and
encapsulated, the placement of dry, screened refuse material from the
underlying XMV Mine No. 42--Pocahontas No. 6 Seam mine will be used to
backfill and eliminate the existing highwall.
The petitioner asserts that as indicated in the information and
designs provided, the encapsulation of the entire coal seam, the
location of the proposed refuse area up-dip of the underground mine
void, and the absence of any groundwater discharge, the proposed plan
limits the potential for burning of the coal seam or impounding water
within the mine void and will provide no less than the same measure of
protection or greater than that afforded by the standard.
Dated: July 13, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-17540 Filed 7-16-15; 8:45 am]
BILLING CODE 4510-43-P
