Petitions for Modification of Application of Existing Mandatory Safety Standards, 42548-42549 [2015-17540]

Download as PDF 42548 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices srobinson on DSK5SPTVN1PROD with NOTICES 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 http:// 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 VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 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: PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17JYN1.SGM 17JYN1 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 VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 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: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 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: http://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 E:\FR\FM\17JYN1.SGM 17JYN1

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]


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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 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