Petitions for Modification of Application of Existing Mandatory Safety Standards, 4337-4338 [2016-01429]

Download as PDF Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices Correction In the Federal Register of December 23, 2015, in FR Doc. 2015–32304, on page 79934, (80 FR 79934) in the first column, correct the DATES caption to read: DATES: The OMB will consider all written comments that agency receives on or before January 29, 2016. 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: Dated: January 20, 2016. Michel Smyth, Departmental Clearance Officer. I. Background [FR Doc. 2016–01554 Filed 1–25–16; 8:45 am] BILLING CODE 4510–29–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 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 MSHA’s Office of Standards, Regulations, and Variances on or before February 25, 2016. 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, 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 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–2015–007–M. Petitioner: Frontier-Kemper Constructors, Inc., 1695 Allen Road, Evansville, Indiana 47710–3394. Mine: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road 85, Green River, Wyoming 82935, MSHA I.D. No. 48–01295, located in Sweetwater County, Wyoming. Regulation Affected: 30 CFR 57.22606(a) and (c) (Explosive materials and blasting units (III mines). Modification Request: The petitioner requests a modification of the existing standard to permit the use of nonpermissible detonators to detonate explosives in the blast holes during work at the construction of the No. 4 shaft. The petitioner states that application of the standard introduces a safety risk to the miners and the alternative method outlined in the petition will at all times guarantee no less than the same measure of protection afforded the miners by the standard. The petitioner states that: (1) Frontier-Kemper Constructors, Inc. (FKCI), working as an independent contractor for Solvay Chemicals, will construct a twenty-two foot finished diameter shaft. The shaft will be raisedrilled to sixteen feet, six inches in diameter and then slashed to a final PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 4337 excavated diameter ranging from twenty-four to twenty-eight feet. The concrete lining of the shaft will advance concurrently with the slashing operation to minimize the miner’s exposure to open ground. (2) FKCI is requesting to use nonpermissible detonators during slashing operations because geological ground conditions in this area are highly conductive and interfere with permissible electric donators. The ground inhibits the ability to safely conduct electricity to detonate a blast round. Because of this, the workers and the mine are at a risk of misfires and partial round detonation. FKCI proposes to use the following blasting methods and practices for the excavation required during construction of Solvay Chemicals Shaft #4: —Only the explosives and detonators specified in this plan or explosive materials MSHA approved in 30 CFR part 15 will be used. —Before initiating a blast, all persons will be withdrawn from the shaft. All blasts will be initiated from the surface. —The air will be tested immediately prior to loading of the blast round and continuously monitored with an instrument capable of providing both visual and audible alarms as required in 30 CFR 57.22227. —If 1.0 percent or more methane is found prior to loading blast holes or after loading has commenced, the loading will immediately cease and procedures as required in 30 CFR 57.22234 will be followed. —A minimum air flow of 6000 cfm will be maintained in the shaft at all times during loading of blast holes as required in 30 CFR 57.22213. —All regulations in the 30 CFR and safeguards in MSDS sheets will be adhered to. —In the event of mine ventilation loss, the entire mine including Solvay Shaft #4 will be evacuated. —Warning will be given to the employees working underground at Solvay Shaft #4 before a blast round is initiated. —Non-electric tubing will be inspected for cuts, nicks and abrasions. The tubing must be free of defects in order to confine the detonation and will not be used if these defects are found. —A visual inspection around the plug will be done prior to moving the work deck to ensure nothing is caught. In addition, only personnel responsible for loading the round will be on the bench. The round will be initiated with an electric cap. The petitioner states that: E:\FR\FM\26JAN1.SGM 26JAN1 4338 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices (1) Blasting for this project will utilize MS delays. FKCI’s past experience using MS delays in similar environments has been successful. The Nonel MS caps and detonation cord significantly reduces the amount of cutoffs and misfires when blasting in a ‘‘shaft bottom’’ environment. FKCI has successfully used this method in areas of methane without incident. (2) Included in this petition are blast pattern drawings indicating MS delay times and drilling depth, manufacturer data sheets for blasting materials, and a ventilation plan showing the route of blasting smoke out of the mine. (3) FKCI believes that the intent of 30 CFR 57.22606(a) and (c) will be achieved along with the other safety concerns contained in this petition. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016–01429 Filed 1–25–16; 8:45 am] BILLING CODE 4520–43–P LEGAL SERVICES CORPORATION Sunshine Act Meeting telephone call-in directions provided below. CALL-IN DIRECTIONS FOR OPEN SESSIONS: The Legal Services Corporation’s Board of Directors and its six committees will meet January 28— 30, 2016. On Thursday, January 28, the first meeting will commence at 1:00 p.m., Eastern Standard Time (EST), with the meeting thereafter commencing promptly upon adjournment of the immediately preceding meeting. On Friday, January 29, the first meeting will commence at 2:00 p.m., EST, with the next meeting commencing promptly upon adjournment of the immediately preceding meeting. On Saturday, January 30, the first meeting will commence at 9:30 a.m., EST, it will be followed by the closed session meeting of the Board of Directors which will commence promptly upon adjournment of the prior meeting. LOCATION: The Mills House Wyndham Grand Hotel, 115 Meeting Street, Charleston, South Carolina 29401. PUBLIC OBSERVATION: Unless otherwise noted herein, the Board and all committee meetings will be open to public observation. Members of the public who are unable to attend in person but wish to listen to the public proceedings may do so by following the DATE AND TIME: • Call toll-free number: 1–866–451– 4981; • When prompted, enter the following numeric pass code: 5907707348–. • When connected to the call, please immediately ‘‘MUTE’’ your telephone. • Combined Audit and Finance Committee you may join the meeting online at https://global.gotomeeting. com/join/324589357 or telephonically by dialing 1 (571) 317–3122. • Online when prompted, enter the following access code: 324–589–357, the Audio Pin will be shown after joining the meeting, for both online and telephonically the meeting ID code: 324–589–357. • When connected to the call, please immediately ‘‘MUTE’’ your telephone. Members of the public are asked to keep their telephones muted to eliminate background noises. To avoid disrupting the meeting, please refrain from placing the call on hold if doing so will trigger recorded music or other sound. From time to time, the presiding Chair may solicit comments from the public. Meeting Schedule Thursday, January 28, 2016 Time * 1. Operations & Regulations Committee ................................................................................................................................. 2. Delivery of Legal Services Committee. Friday, January 29, 2016 1. Institutional Advancement Committee ................................................................................................................................. 2. Communications Subcommittee of the Institutional Advancement Committee 3. Audit Committee 4. Finance Committee 5. Combined Audit and Finance Committee 6. Governance & Performance Review Committee Saturday, January 30, 2016 1. Board of Directors ............................................................................................................................................................... 1:00 p.m. 2:00 p.m. 9:30 a.m. * Please note that all times in this notice are in Eastern Standard Time. Open, except as noted below. Board of Directors—Open, except that, upon a vote of the Board of Directors, a portion of the meeting may be closed to the public to hear briefings by management and LSC’s Inspector General, and to consider and act on the General Counsel’s report on potential and pending litigation involving LSC, and on a list of prospective funders.** mstockstill on DSK4VPTVN1PROD with NOTICES STATUS OF MEETING: ** Any portion of the closed session consisting soley of briefings does not fall within the Sunshine Act’s defintion of the term ‘‘meeting’’ and, therfore, the reqiuremeents of the Sunshine Act do not apply to such portionof the closed session. 5 U.S.C. 552b (a)(2) and (b). See also 45 C.F.R. § 1622.2 & 1622.3. VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 Institutional Advancement Committee—Open, except that, upon a vote of the Board of Directors, the meeting may be closed to the public to consider and act on recommendation of new prospective donors and to receive a briefing on the donor report.** Audit Committee—Open, except that the meeting may be closed to the public to hear a briefing on the Office of Compliance and Enforcement’s active enforcement matters.** Combined Audit and Finance Committee—Open, except that the meeting may be closed to the public to hear a briefing from the Corporation’s Auditor.** PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 A verbatim written transcript will be made of the closed session of the Board, Institutional Advancement Committee, Audit Committee, and Combined Audit and Finance Committee meetings. The transcript of any portions of the closed sessions falling within the relevant provisions of the Government in the Sunshine Act, 5 U.S.C. 552b(c)(6) and (10), will not be available for public inspection. A copy of the General Counsel’s Certification that, in his opinion, the closing is authorized by law will be available upon request. MATTERS TO BE CONSIDERED: E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4337-4338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01429]


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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 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 MSHA's 
Office of Standards, Regulations, and Variances on or before February 
25, 2016.

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-2015-007-M.
    Petitioner: Frontier-Kemper Constructors, Inc., 1695 Allen Road, 
Evansville, Indiana 47710-3394.
    Mine: Solvay Chemicals, Inc., P.O. Box 1167, 400 County Road 85, 
Green River, Wyoming 82935, MSHA I.D. No. 48-01295, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22606(a) and (c) (Explosive 
materials and blasting units (III mines).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible detonators to 
detonate explosives in the blast holes during work at the construction 
of the No. 4 shaft. The petitioner states that application of the 
standard introduces a safety risk to the miners and the alternative 
method outlined in the petition will at all times guarantee no less 
than the same measure of protection afforded the miners by the 
standard. The petitioner states that:
    (1) Frontier-Kemper Constructors, Inc. (FKCI), working as an 
independent contractor for Solvay Chemicals, will construct a twenty-
two foot finished diameter shaft. The shaft will be raise-drilled to 
sixteen feet, six inches in diameter and then slashed to a final 
excavated diameter ranging from twenty-four to twenty-eight feet. The 
concrete lining of the shaft will advance concurrently with the 
slashing operation to minimize the miner's exposure to open ground.
    (2) FKCI is requesting to use nonpermissible detonators during 
slashing operations because geological ground conditions in this area 
are highly conductive and interfere with permissible electric donators. 
The ground inhibits the ability to safely conduct electricity to 
detonate a blast round. Because of this, the workers and the mine are 
at a risk of misfires and partial round detonation.
    FKCI proposes to use the following blasting methods and practices 
for the excavation required during construction of Solvay Chemicals 
Shaft #4:

--Only the explosives and detonators specified in this plan or 
explosive materials MSHA approved in 30 CFR part 15 will be used.
--Before initiating a blast, all persons will be withdrawn from the 
shaft. All blasts will be initiated from the surface.
--The air will be tested immediately prior to loading of the blast 
round and continuously monitored with an instrument capable of 
providing both visual and audible alarms as required in 30 CFR 
57.22227.
--If 1.0 percent or more methane is found prior to loading blast holes 
or after loading has commenced, the loading will immediately cease and 
procedures as required in 30 CFR 57.22234 will be followed.
--A minimum air flow of 6000 cfm will be maintained in the shaft at all 
times during loading of blast holes as required in 30 CFR 57.22213.
--All regulations in the 30 CFR and safeguards in MSDS sheets will be 
adhered to.
--In the event of mine ventilation loss, the entire mine including 
Solvay Shaft #4 will be evacuated.
--Warning will be given to the employees working underground at Solvay 
Shaft #4 before a blast round is initiated.
--Non-electric tubing will be inspected for cuts, nicks and abrasions. 
The tubing must be free of defects in order to confine the detonation 
and will not be used if these defects are found.
--A visual inspection around the plug will be done prior to moving the 
work deck to ensure nothing is caught. In addition, only personnel 
responsible for loading the round will be on the bench. The round will 
be initiated with an electric cap.

    The petitioner states that:

[[Page 4338]]

    (1) Blasting for this project will utilize MS delays. FKCI's past 
experience using MS delays in similar environments has been successful. 
The Nonel MS caps and detonation cord significantly reduces the amount 
of cutoffs and misfires when blasting in a ``shaft bottom'' 
environment. FKCI has successfully used this method in areas of methane 
without incident.
    (2) Included in this petition are blast pattern drawings indicating 
MS delay times and drilling depth, manufacturer data sheets for 
blasting materials, and a ventilation plan showing the route of 
blasting smoke out of the mine.
    (3) FKCI believes that the intent of 30 CFR 57.22606(a) and (c) 
will be achieved along with the other safety concerns contained in this 
petition.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners and that the 
proposed alternative method will at all times guarantee no less than 
the same measure of protection afforded by the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-01429 Filed 1-25-16; 8:45 am]
BILLING CODE 4520-43-P