Petitions for Modification of Application of Existing Mandatory Safety Standards, 67396-67397 [2016-23626]

Download as PDF 67396 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices 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). Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016–23625 Filed 9–29–16; 8:45 am] BILLING CODE 4520–43–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 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 MSHA’s Office of Standards, Regulations, and Variances on or before October 31, 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, mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:49 Sep 29, 2016 Jkt 238001 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–2016–027–C. Petitioner: Oak Gove Resources, LLC, 8360 Taylors Ferry Road, Hueytown, Alabama 35023. Mine: Oak Grove Mine, MSHA I.D. No. 01–00851, located in Jefferson County, Alabama. Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance for weekly examinations of the four-part overcast bank located in the Main North entries at spad number 16+20, due to deteriorating roof and rib conditions that have made traveling the area unsafe and conditions in the area are impractical and unsafe to rehabilitate. The petitioner proposes to have a certified person take air quantity and quality measurements at monitoring points 71A and 71C at entrance and exist of overcast bank will afford the mines the same protection as the existing standard. The petitioner asserts that the existing standard 30 CFR 75.364(b)(2) undermines the safety of the miners by placing them in an area with deteriorated roof and rib conditions. The petitioner states that the following terms and conditions will be followed: (1) Monitoring stations 71A and 71C will allow effective evaluation of airflow across overcast used to ventilate old works. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 (a) Monitoring station 71A will evaluate air entering overcast bank. (b) Monitoring station 71C will evaluate air as it leaves overcast bank. (2) Signs showing safe travel route to each monitoring station will be posed in adjacent entries. Monitoring stations and routes will be kept free of water accumulations. (3) A certified person will conduct weekly evaluations at each of the monitoring stations. Evaluations will include quantity and quality of air entering or exiting overcast bank. Measurements will be made using MSHA-approved and calibrated handheld multi gas detectors to check for methane, and oxygen concentrations. Appropriate calibrated anemometers will be used to check airflow and volume. (4) A diagram of normal air flow will be posted at 71A and 71C monitoring points and maintained legible. Any changes will be reported to the Mine Foreman for immediate investigation. (5) At each monitoring station, a date board will be provided where date, time, and examiner’s initials will be recorded along with measured quantity and quality of air. Results including conditions of accessible controls will be recorded in a book kept on the surface and made available to all interested parties. (6) All monitoring stations and approaches will at all times be maintained in a safe condition. The roof will be supported by bolts and other means to prevent deterioration in the area of monitoring points. (7) Monitoring stations locations will be shown on an annually submitted mine ventilation map. Monitoring stations will not be moved to another location without prior approval by the District Manager as part of the ventilation plan for the mine. (8) For added safety additional roof support will be added under overcasts that belt and track travel through. (9) Prior to implementation of this modification, all mine personnel will be instructed that except along designated routes no travel into the petitioned area will be permitted and all approaches will be fenced or barricaded with ‘‘DO NOT ENTER’’ warning signs. (10) The overcast area is not being used for work or travel, and, upon information and belief, no one has performed work, examinations, inspections, or otherwise traveled in the overcast area in many years. (11) Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for the approved part 48 training plan to the District E:\FR\FM\30SEN1.SGM 30SEN1 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices Manager. The revisions will include initial and refresher training regarding compliance with the PDO. (12) Use of the proposed alternative method described in this petition will prevent miners from being exposed to unnecessary hazards, and will increase the measure of protection to the miners. The petitioner asserts that application of the existing standard to the particular overcast area 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 to the miners as would be provided by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016–23626 Filed 9–29–16; 8:45 am] BILLING CODE 4520–23–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2010–0008] Construction Fall Protection Systems Criteria and Practices, and Training Requirements; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comments. AGENCY: OSHA solicits public comments concerning its proposal to extend OMB approval of the information collection requirements contained in the Construction Standards on Fall Protection Systems Criteria and Practices (29 CFR 1926.502), and Training Requirements (29 CFR 1926.503). SUMMARY: Comments must be submitted (postmarked, sent, or received) by November 29, 2016. ADDRESSES: Electronically: You may submit comments and attachments electronically at http:// www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. Facsimile: If your comments, including attachments, are not longer than 10 pages you may fax them to the OSHA Docket Office at (202) 693–1648. Mail, hand delivery, express mail, messenger, or courier service: When using this method, you must submit a mstockstill on DSK3G9T082PROD with NOTICES DATES: VerDate Sep<11>2014 20:49 Sep 29, 2016 Jkt 238001 copy of your comments and attachments to the OSHA Docket Office, Docket No. OSHA–2010–0008, U.S. Department of Labor, Room N–2625, 200 Constitution Avenue NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor’s and Docket Office’s normal business hours, 8:15 a.m. to 4:45 p.m., e.t. Instructions: All submissions must include the Agency name and the OSHA docket number (Docket No. OSHA– 2010–0008) for this Information Collection Request (ICR). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at http:// www.regulations.gov. For further information on submitting comments, see the ‘‘Public Participation’’ heading in the section of this notice titled SUPPLEMENTARY INFORMATION. Docket: To read or download comments or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket (including this Federal Register notice) are listed in the http:// www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download from the Web site. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N–3609, 200 Constitution Avenue NW., Washington, DC 20210; (202) 693–2044, to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Office of Construction Services, Directorate of Construction, OSHA, U.S. Department of Labor, Room N–3476, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693–2020. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accord with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 67397 instruments are understandable, and OSHA’s estimate of the information collection burden is correct. The Occupational Safety and Health Act of 1970 (the OSH Act) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act, or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The Standards on Construction Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503) ensure that employers provide the required fall protection for their workers. Accordingly, these standards have the following paperwork requirements: Paragraphs (c)(4)(ii) and (k) of 29 CFR 1926.502, which specify certification of safety nets and development of fall protection plans, respectively, and paragraph (b) of 29 CFR 1926.503, which requires employers to certify training records. The training certification requirement specified in paragraph (b) of 29 CFR 1926.503 documents the training provided to workers potentially exposed to fall hazards in construction. A competent person must train these workers to recognize fall hazards and in the use of procedures and equipment that minimize these hazards. An employer must verify compliance with this training requirement by preparing and maintaining a written certification record that contains the name or other identifier of the worker receiving the training, the date(s) of the training, and the signature of the competent person who conducted the training, or of the employer. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency’s functions, including whether the information is useful; • The accuracy of OSHA’s estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67396-67397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23626]


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

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 MSHA's Office 
of Standards, Regulations, and Variances on or before October 31, 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-2016-027-C.
    Petitioner: Oak Gove Resources, LLC, 8360 Taylors Ferry Road, 
Hueytown, Alabama 35023.
    Mine: Oak Grove Mine, MSHA I.D. No. 01-00851, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for 
weekly examinations of the four-part overcast bank located in the Main 
North entries at spad number 16+20, due to deteriorating roof and rib 
conditions that have made traveling the area unsafe and conditions in 
the area are impractical and unsafe to rehabilitate. The petitioner 
proposes to have a certified person take air quantity and quality 
measurements at monitoring points 71A and 71C at entrance and exist of 
overcast bank will afford the mines the same protection as the existing 
standard. The petitioner asserts that the existing standard 30 CFR 
75.364(b)(2) undermines the safety of the miners by placing them in an 
area with deteriorated roof and rib conditions. The petitioner states 
that the following terms and conditions will be followed:
    (1) Monitoring stations 71A and 71C will allow effective evaluation 
of airflow across overcast used to ventilate old works.
    (a) Monitoring station 71A will evaluate air entering overcast 
bank.
    (b) Monitoring station 71C will evaluate air as it leaves overcast 
bank.
    (2) Signs showing safe travel route to each monitoring station will 
be posed in adjacent entries. Monitoring stations and routes will be 
kept free of water accumulations.
    (3) A certified person will conduct weekly evaluations at each of 
the monitoring stations. Evaluations will include quantity and quality 
of air entering or exiting overcast bank. Measurements will be made 
using MSHA-approved and calibrated hand-held multi gas detectors to 
check for methane, and oxygen concentrations. Appropriate calibrated 
anemometers will be used to check airflow and volume.
    (4) A diagram of normal air flow will be posted at 71A and 71C 
monitoring points and maintained legible. Any changes will be reported 
to the Mine Foreman for immediate investigation.
    (5) At each monitoring station, a date board will be provided where 
date, time, and examiner's initials will be recorded along with 
measured quantity and quality of air. Results including conditions of 
accessible controls will be recorded in a book kept on the surface and 
made available to all interested parties.
    (6) All monitoring stations and approaches will at all times be 
maintained in a safe condition. The roof will be supported by bolts and 
other means to prevent deterioration in the area of monitoring points.
    (7) Monitoring stations locations will be shown on an annually 
submitted mine ventilation map. Monitoring stations will not be moved 
to another location without prior approval by the District Manager as 
part of the ventilation plan for the mine.
    (8) For added safety additional roof support will be added under 
overcasts that belt and track travel through.
    (9) Prior to implementation of this modification, all mine 
personnel will be instructed that except along designated routes no 
travel into the petitioned area will be permitted and all approaches 
will be fenced or barricaded with ``DO NOT ENTER'' warning signs.
    (10) The overcast area is not being used for work or travel, and, 
upon information and belief, no one has performed work, examinations, 
inspections, or otherwise traveled in the overcast area in many years.
    (11) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for the 
approved part 48 training plan to the District

[[Page 67397]]

Manager. The revisions will include initial and refresher training 
regarding compliance with the PDO.
    (12) Use of the proposed alternative method described in this 
petition will prevent miners from being exposed to unnecessary hazards, 
and will increase the measure of protection to the miners.
    The petitioner asserts that application of the existing standard to 
the particular overcast area 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 to the miners as 
would be provided by the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-23626 Filed 9-29-16; 8:45 am]
 BILLING CODE 4520-23-P