Affirmative Decisions on Petitions for Modification Granted in Whole or in Part, 10904-10905 [2018-04992]

Download as PDF amozie on DSK30RV082PROD with NOTICES 10904 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices ‘‘Voluntary Protection Program Information,’’ to the Office of Management and Budget (OMB) for review and approval for continued use, without change, in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited. DATES: The OMB will consider all written comments that agency receives on or before April 12, 2018. ADDRESSES: A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov website at http:// www.reginfo.gov/public/do/ PRAViewICR?ref_nbr=201711-1218-002 or by contacting Michel Smyth by telephone at 202–693–4129, TTY 202– 693–8064 (these are not toll-free numbers) or by email at DOL_PRA_ PUBLIC@dol.gov. Submit comments about this request by mail to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL–OSHA, Office of Management and Budget, Room 10235, 725 17th Street NW, Washington, DC 20503; by Fax: 202–395–5806 (this is not a toll-free number); or by email: OIRA_submission@omb.eop.gov. Commenters are encouraged, but not required, to send a courtesy copy of any comments by mail or courier to the U.S. Department of Labor—OASAM, Office of the Chief Information Officer, Attn: Departmental Information Compliance Management Program, Room N1301, 200 Constitution Avenue NW, Washington, DC 20210; or by email: DOL_PRA_PUBLIC@dol.gov. FOR FURTHER INFORMATION CONTACT: Michel Smyth by telephone at 202–693– 4129, TTY 202–693–8064 (these are not toll-free numbers) or by email at DOL_ PRA_PUBLIC@dol.gov. SUPPLEMENTARY INFORMATION: This ICR seeks to extend PRA authority for the Voluntary Protection Program (VPP) information collection. The VPP is a partnership between labor, management, and government designed to recognize and promote excellence in safety and health management. In order to participate in the VPP, an applicant submits an application and an annual self-evaluation containing a detailed description of its safety and health management programs to the OSHA, which uses the information to conduct a preliminary analysis of the worksite’s programs and to make a preliminary determination regarding the worksite’s qualifications for the VPP. Occupational Safety and Health Act of 1970 section VerDate Sep<11>2014 17:47 Mar 12, 2018 Jkt 244001 2(b)(1) authorizes this information collection. See 29 U.S.C. 651(b)(1). 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 1218–0239. OMB authorization for an ICR cannot be for more than three (3) years without renewal, and the DOL seeks to extend PRA authorization for this information collection for three (3) more years, without any change to existing requirements. For additional substantive information about this ICR, see the related notice published in the Federal Register on August 30, 2017 (82 FR 41294). 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 128–0239. 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 other forms of information technology, e.g., permitting electronic submission of responses. Agency: DOL–OSHA. Title of Collection: Voluntary Protection Program Information. PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 OMB Control Number: 1218–0239. Affected Public: Private Sector— businesses or other for-profits. Total Estimated Number of Respondents: 3,468. Total Estimated Number of Responses: 3,808. Total Estimated Annual Time Burden: 90,863 hours. Total Estimated Annual Other Costs Burden: $0. Authority: 44 U.S.C. 3507(a)(1)(D). Michel Smyth, Departmental Clearance Officer. [FR Doc. 2018–05030 Filed 3–12–18; 8:45 am] BILLING CODE 4510–26–P DEPARTMENT OF LABOR Mine Safety and Health Administration Affirmative Decisions on Petitions for Modification Granted in Whole or in Part Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice. AGENCY: The Federal Mine Safety and Health Act of 1977 and the Code of Federal Regulations govern the application, processing, and disposition of petitions for modification. This Federal Register notice notifies the public that MSHA has investigated and issued a final decision on certain mine operator petitions to modify a safety standard. SUMMARY: Copies of the final decisions are posted on MSHA’s website at https://www.msha.gov/regulations/ rulemaking/petitions-modification. The public may inspect the petitions and final decisions during normal business hours in MSHA’s Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202. All visitors are required to check in at the receptionist’s desk in Suite 4E401. FOR FURTHER INFORMATION CONTACT: Barbara Barron at 202–693–9447 (Voice), barron.barbara@dol.gov (Email), or 202–693–9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Introduction Under section 101 of the Federal Mine Safety and Health Act of 1977, a mine operator may petition and the Secretary of Labor (Secretary) may modify the application of a mandatory safety standard to that mine if the Secretary determines that: (1) An alternative method exists that will guarantee no E:\FR\FM\13MRN1.SGM 13MRN1 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Notices amozie on DSK30RV082PROD with NOTICES less protection for the miners affected than that provided by the standard; or (2) the application of the standard will result in a diminution of safety to the affected miners. MSHA bases the final decision on the petitioner’s statements, any comments and information submitted by interested persons, and a field investigation of the conditions at the mine. In some instances, MSHA may approve a petition for modification on the condition that the mine operator complies with other requirements noted in the decision. II. Granted Petitions for Modification On the basis of the findings of MSHA’s investigation, and as designee of the Secretary, MSHA has granted or partially granted the following petitions for modification: • Docket Number: M–2016–031–C. FR Notice: 81 FR 81810 (11/18/2016). Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, Pennsylvania 17963– 8854. Mine: Slope #2 Mine, MSHA I.D. No. 36–09963, located in Schuylkill County, Pennsylvania. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). • Docket Number: M–2017–001–C. FR Notice: 82 FR 16068 (3/31/2017). Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, Maryland 21550. Mine: Mountain View Mine, MSHA I.D. No. 46–09028, located in Tucker County, West Virginia. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). • Docket Number: M–2017–002–C. FR Notice: 82 FR 16068 (3/31/2017). Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, Maryland 21550. Mine: Mountain View Mine, MSHA I.D. No. 46–09028, located in Tucker County, West Virginia. Regulation Affected: 30 CFR 75.507– 1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). • Docket Number: M–2017–003–C. FR Notice: 82 FR 16068 (3/31/2017). Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, Maryland 21550. Mine: Mountain View Mine, MSHA I.D. No. 46–09028, located in Tucker County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). VerDate Sep<11>2014 17:47 Mar 12, 2018 Jkt 244001 • Docket Number: M–2017–008–C. FR Notice: 82 FR 26954 (6/12/2017). Petitioner: Excel Mining, LLC, 4126 State Highway 194 West, Pikeville, Kentucky 41501. Mine: Excel Mining #4 Mine, MSHA I.D. No. 15–19515, located in Pike County, Kentucky. Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel powered equipment; design and performance requirements). • Docket Number: M–2017–002–M. FR Notice: 82 FR 34701 (7/26/2017). Petitioner: Martin Marietta Materials, Inc., Midwest Division, 11252 Aurora Avenue, Des Moines, Iowa 50322. Mine: Fort Calhoun Underground Mine, 5765 County Road P 30, Fort Calhoun, Nebraska 68023, MSHA I.D. No. 25–01300, located in Washington County, Nebraska. Regulation Affected: 30 CFR 57.11052(d) (Refuge areas). Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2018–04992 Filed 3–12–18; 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: 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 April 12, 2018. 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. SUMMARY: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 10905 Persons delivering documents are required to check in at the receptionist’s desk in Suite 4E401. Individuals may inspect copies of the petition 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: 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. 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 (Secretary) 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–2018–001–C. Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200, Johnstown, Pennsylvania 15904. Mines: Maple Springs Mine, MSHA I.D. No. 36–09973, Cass No. 1 Mine, MSHA I.D. No. 36–09974, Boone Surface Mine, MSHA I.D. No. 36–10067, located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA I.D. No. 36–10089, located in Westmoreland County, Pennsylvania. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit the use of batterypowered nonpermissible surveying equipment in or inby the last open E:\FR\FM\13MRN1.SGM 13MRN1

Agencies

[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10904-10905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04992]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Affirmative Decisions on Petitions for Modification Granted in 
Whole or in Part

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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SUMMARY: The Federal Mine Safety and Health Act of 1977 and the Code of 
Federal Regulations govern the application, processing, and disposition 
of petitions for modification. This Federal Register notice notifies 
the public that MSHA has investigated and issued a final decision on 
certain mine operator petitions to modify a safety standard.

ADDRESSES: Copies of the final decisions are posted on MSHA's website 
at https://www.msha.gov/regulations/rulemaking/petitions-modification. 
The public may inspect the petitions and final decisions during normal 
business hours in MSHA's Office of Standards, Regulations, and 
Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 
22202. All visitors are required to check in at the receptionist's desk 
in Suite 4E401.

FOR FURTHER INFORMATION CONTACT: Barbara Barron at 202-693-9447 
(Voice), [email protected] (Email), or 202-693-9441 (Telefax). 
[These are not toll-free numbers].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    Under section 101 of the Federal Mine Safety and Health Act of 
1977, a mine operator may petition and the Secretary of Labor 
(Secretary) may modify the application of a mandatory safety standard 
to that mine if the Secretary determines that: (1) An alternative 
method exists that will guarantee no

[[Page 10905]]

less protection for the miners affected than that provided by the 
standard; or (2) the application of the standard will result in a 
diminution of safety to the affected miners.
    MSHA bases the final decision on the petitioner's statements, any 
comments and information submitted by interested persons, and a field 
investigation of the conditions at the mine. In some instances, MSHA 
may approve a petition for modification on the condition that the mine 
operator complies with other requirements noted in the decision.

II. Granted Petitions for Modification

    On the basis of the findings of MSHA's investigation, and as 
designee of the Secretary, MSHA has granted or partially granted the 
following petitions for modification:
     Docket Number: M-2016-031-C.
    FR Notice: 81 FR 81810 (11/18/2016).
    Petitioner: S & J Coal Mine, 15 Motter Drive, Pine Grove, 
Pennsylvania 17963-8854.
    Mine: Slope #2 Mine, MSHA I.D. No. 36-09963, located in Schuylkill 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2017-001-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).

     Docket Number: M-2017-002-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).

     Docket Number: M-2017-003-C.
    FR Notice: 82 FR 16068 (3/31/2017).
    Petitioner: Mettiki Coal WV, LLC, 293 Table Rock Road, Oakland, 
Maryland 21550.
    Mine: Mountain View Mine, MSHA I.D. No. 46-09028, located in Tucker 
County, West Virginia.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).

     Docket Number: M-2017-008-C.
    FR Notice: 82 FR 26954 (6/12/2017).
    Petitioner: Excel Mining, LLC, 4126 State Highway 194 West, 
Pikeville, Kentucky 41501.
    Mine: Excel Mining #4 Mine, MSHA I.D. No. 15-19515, located in Pike 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel 
powered equipment; design and performance requirements).

     Docket Number: M-2017-002-M.
    FR Notice: 82 FR 34701 (7/26/2017).
    Petitioner: Martin Marietta Materials, Inc., Midwest Division, 
11252 Aurora Avenue, Des Moines, Iowa 50322.
    Mine: Fort Calhoun Underground Mine, 5765 County Road P 30, Fort 
Calhoun, Nebraska 68023, MSHA I.D. No. 25-01300, located in Washington 
County, Nebraska.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-04992 Filed 3-12-18; 8:45 am]
 BILLING CODE 4520-43-P