Petitions for Modification of Application of Existing Mandatory Safety Standards, 24890-24891 [2016-09797]
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Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices
occurs, in accordance with the
identified regulations.
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 1218–0247.
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
April 30, 2016. 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
January 27, 2016 (81 FR 4672).
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
Register. In order to help ensure
appropriate consideration, comments
should mention OMB Control Number
1218–0247.
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
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Jkt 238001
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–OSHA.
Title of Collection: Occupational
Safety and Health State Plans.
OMB Control Number: 1218–0247.
Affected Public: State, Local, and
Tribal Governments.
Total Estimated Number of
Respondents: 28.
Total Estimated Number of
Responses: 1,309.
Total Estimated Annual Time Burden:
11,519 hours.
Total Estimated Annual Other Costs
Burden: $0.
Dated: April 21, 2016.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2016–09751 Filed 4–26–16; 8:45 am]
BILLING CODE 4510–26–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 May 27, 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, 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
SUMMARY:
PO 00000
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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–2016–001–M.
Petitioner: The Doe Run Company,
Three Gateway Center, Suite 1500, 401
Liberty Avenue, Pittsburgh,
Pennsylvania 15222–1000.
Mines: Buick Mine/Mill, MSHA I.D.
No. 23–00457 and Viburnum No. 35
(Casteel Mine), MSHA I.D. No. 23–
01800, located in Iron County, Missouri;
Sweetwater Mine/Mill, MSHA I.D. No.
23–00458, Fletcher Mine/Mill, MSHA
I.D. No. 23–00409, and Brushy Creek
Mine/Mill, MSHA I.D. No. 23–00499,
located in Reynolds County, Missouri;
and Viburnum No. 29 Mine, MSHA I.D.
No. 23–00495, located in Washington
County, Missouri.
Regulation Affected: 30 CFR 57.11050
(Escapeways and refuges).
Modification Request: The petitioner
requests a modification of the existing
standard to permit an alternative
method of compliance with respect to
escapeways. The petitioner states that:
(1) The Doe Run Company operates
six underground lead mines near
Viburnum, Missouri. The Buick Mine is
E:\FR\FM\27APN1.SGM
27APN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices
currently considered ‘‘inactive’’ by
MSHA but mining is occurring within
the boundaries of the mine. The mines
consist of both development and
production headings. Activities include
drilling, blasting, scaling, loading, and
hauling of ore.
(2) All of Doe Run’s mines access the
elevation where the ore bodies are
located by means of shafts. The ore body
is accessed horizontally from such
shafts. Each mine has two escapeways
from what would be considered the
lowest levels of each mine.
(3) Provision of two escapeways from
each working area will be difficult,
burdensome and unnecessarily costly. It
will involve, in part, mining areas
where there is no ore present and it will
consume extensive periods of time.
There are numerous areas at issue and
abatement may involve millions of
dollars of expense in certain areas.
(4) As an alternative to compliance to
the existing standard 30 CFR 57.11050,
the petitioner proposes the following:
(a) All active mining headings or
development headings with more than
1000 feet of single access drift in the
roadway leading to it will have a
Designated Point of Safety (DPOS)
within 1000 feet of every working
heading.
(b) In cases where the mining area
opens up to multiple drifts inby the
1000 feet of single access, the DPOS will
be placed inby the last point of single
access but not necessarily within 1000
feet of all working faces.
(c) Portable escape hoist vent shafts
and roadways to other mines ‘‘inby’’ the
1000 feet of single access will eliminate
the need for a DPOS.
(d) The DPOS for each work area that
does not have two escapeways from the
work area will comply with
requirements for refuge alternatives in
30 CFR part 7, specifically as follows:
(i) Prefabricated self-contained units,
including the structural breathable air,
air monitoring, and harmful gas removal
components of the unit will be
approved under 30 CFR part 7.
(ii) Refuge alternatives will provide at
least 15 square feet of floor space per
person and 30 to 60 cubic feet of volume
per person. The airlock can be included
in the space and volume if waste is
disposed outside the refuge alternative.
(iii) The operator will protect the
refuge alternative and contents from
damage during transportation,
installation, and storage.
(iv) A refuge alternative will be
removed from service if examination
reveals damage that interferes with the
functioning of the refuge alternative or
any component.
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17:29 Apr 26, 2016
Jkt 238001
(a) If a refuge alternative is removed
from service, the operator will withdraw
all persons from the area serviced by the
refuge alternative, except those persons
referred to in § 104(c) of the Mine Act.
(b) Refuge alternative components
removed from service will be replaced
or be repaired for return to service in
accordance with the manufacturer’s
specifications.
(v) At all times, the site and area
around the refuge alternative will be
kept clear of machinery, materials, and
obstructions that could interfere with
the deployment or use of the refuge
alternative.
(vi) Each refuge alternative will be
conspicuously identified with a sign or
marker as follows:
(a) A sign or marker made of a
reflective material with the word
‘‘Refuge’’ will be posted conspicuously
at each refuge alternative.
(b) Directional signs made of a
reflective material will be posted
leading to each refuge alternative
location.
(vii) During the use of the refuge
alternative, the atmosphere within the
refuge alternative will be monitored.
Changers or adjustments will be made to
reduce the concentration of carbon
dioxide to 1 percent or less and
excursions not exceeding 2.5 percent;
and to reduce the concentration of
carbon monoxide to 25 ppm or less.
Oxygen will be maintained at 18.5 to 23
percent.
(viii) Refuge alternatives will contain
a fire extinguisher that:
(a) Meets the requirements for
portable fire extinguishers used in
underground coal mines under this part;
(b) Is appropriate for extinguishing
fires involving the chemical used for
harmful gas removal; and
(c) Uses of low-toxicity extinguishing
agent that does not produce a hazardous
by-product when activated.
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.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2016–09797 Filed 4–26–16; 8:45 am]
BILLING CODE 4520–43–P
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Frm 00109
Fmt 4703
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24891
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 May 27, 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, 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:
SUMMARY:
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
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24890-24891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09797]
-----------------------------------------------------------------------
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 May 27,
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, 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-2016-001-M.
Petitioner: The Doe Run Company, Three Gateway Center, Suite 1500,
401 Liberty Avenue, Pittsburgh, Pennsylvania 15222-1000.
Mines: Buick Mine/Mill, MSHA I.D. No. 23-00457 and Viburnum No. 35
(Casteel Mine), MSHA I.D. No. 23-01800, located in Iron County,
Missouri; Sweetwater Mine/Mill, MSHA I.D. No. 23-00458, Fletcher Mine/
Mill, MSHA I.D. No. 23-00409, and Brushy Creek Mine/Mill, MSHA I.D. No.
23-00499, located in Reynolds County, Missouri; and Viburnum No. 29
Mine, MSHA I.D. No. 23-00495, located in Washington County, Missouri.
Regulation Affected: 30 CFR 57.11050 (Escapeways and refuges).
Modification Request: The petitioner requests a modification of the
existing standard to permit an alternative method of compliance with
respect to escapeways. The petitioner states that:
(1) The Doe Run Company operates six underground lead mines near
Viburnum, Missouri. The Buick Mine is
[[Page 24891]]
currently considered ``inactive'' by MSHA but mining is occurring
within the boundaries of the mine. The mines consist of both
development and production headings. Activities include drilling,
blasting, scaling, loading, and hauling of ore.
(2) All of Doe Run's mines access the elevation where the ore
bodies are located by means of shafts. The ore body is accessed
horizontally from such shafts. Each mine has two escapeways from what
would be considered the lowest levels of each mine.
(3) Provision of two escapeways from each working area will be
difficult, burdensome and unnecessarily costly. It will involve, in
part, mining areas where there is no ore present and it will consume
extensive periods of time. There are numerous areas at issue and
abatement may involve millions of dollars of expense in certain areas.
(4) As an alternative to compliance to the existing standard 30 CFR
57.11050, the petitioner proposes the following:
(a) All active mining headings or development headings with more
than 1000 feet of single access drift in the roadway leading to it will
have a Designated Point of Safety (DPOS) within 1000 feet of every
working heading.
(b) In cases where the mining area opens up to multiple drifts inby
the 1000 feet of single access, the DPOS will be placed inby the last
point of single access but not necessarily within 1000 feet of all
working faces.
(c) Portable escape hoist vent shafts and roadways to other mines
``inby'' the 1000 feet of single access will eliminate the need for a
DPOS.
(d) The DPOS for each work area that does not have two escapeways
from the work area will comply with requirements for refuge
alternatives in 30 CFR part 7, specifically as follows:
(i) Prefabricated self-contained units, including the structural
breathable air, air monitoring, and harmful gas removal components of
the unit will be approved under 30 CFR part 7.
(ii) Refuge alternatives will provide at least 15 square feet of
floor space per person and 30 to 60 cubic feet of volume per person.
The airlock can be included in the space and volume if waste is
disposed outside the refuge alternative.
(iii) The operator will protect the refuge alternative and contents
from damage during transportation, installation, and storage.
(iv) A refuge alternative will be removed from service if
examination reveals damage that interferes with the functioning of the
refuge alternative or any component.
(a) If a refuge alternative is removed from service, the operator
will withdraw all persons from the area serviced by the refuge
alternative, except those persons referred to in Sec. 104(c) of the
Mine Act.
(b) Refuge alternative components removed from service will be
replaced or be repaired for return to service in accordance with the
manufacturer's specifications.
(v) At all times, the site and area around the refuge alternative
will be kept clear of machinery, materials, and obstructions that could
interfere with the deployment or use of the refuge alternative.
(vi) Each refuge alternative will be conspicuously identified with
a sign or marker as follows:
(a) A sign or marker made of a reflective material with the word
``Refuge'' will be posted conspicuously at each refuge alternative.
(b) Directional signs made of a reflective material will be posted
leading to each refuge alternative location.
(vii) During the use of the refuge alternative, the atmosphere
within the refuge alternative will be monitored. Changers or
adjustments will be made to reduce the concentration of carbon dioxide
to 1 percent or less and excursions not exceeding 2.5 percent; and to
reduce the concentration of carbon monoxide to 25 ppm or less. Oxygen
will be maintained at 18.5 to 23 percent.
(viii) Refuge alternatives will contain a fire extinguisher that:
(a) Meets the requirements for portable fire extinguishers used in
underground coal mines under this part;
(b) Is appropriate for extinguishing fires involving the chemical
used for harmful gas removal; and
(c) Uses of low-toxicity extinguishing agent that does not produce
a hazardous by-product when activated.
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.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-09797 Filed 4-26-16; 8:45 am]
BILLING CODE 4520-43-P
