Petitions for Modification of Application of Existing Mandatory Safety Standards, 49561-49562 [2019-20395]

Download as PDF Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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 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 section of this notice. III. Current Actions This request for collection of information contains provisions for Hazardous Conditions Complaints. 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: 1219–0014. Affected Public: Business or other forprofit. Number of Respondents: 1,976. Frequency: On occasion. Number of Responses: 1,976. Annual Burden Hours: 395 hours. Annual Respondent or Recordkeeper Cost: $0. MSHA Forms: Hazardous Condition Complaint. VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 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. Sheila McConnell, Certifying Officer. [FR Doc. 2019–20393 Filed 9–19–19; 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: This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below. DATES: All comments on the petition must be received by MSHA’s Office of Standards, Regulations, and Variances on or before October 21, 2019. 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: Roslyn B. Fontaine, Deputy 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 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: Roslyn B. Fontaine, Office of Standards, Regulations, and Variances at 202–693– 9440 (voice), fontaine.roslyn@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 SUMMARY: PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 49561 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 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. Petition for Modification Docket Number: M–2019–006–M. Petitioner: Hecla Limited, Lucky Friday Unit, 397 Friday Ave., Mullan, ID 83846. Mines: Lucky Friday, MSHA I.D. No. 10–00088, located in Shoshone County, Idaho. Regulation Affected: 30 CFR 57.11052(d) (Refuge areas). Modification Request: The petitioner requests a modification of the existing standard to allow the mine operator to provide commercially purchased water in sealed bottles instead of a waterline in each of three refuge chambers located in the mine. The petitioner states that: (1) During an emergency at the mine, water from a waterline could become non-potable due to potentially damaged waterlines connecting the water source to the refuge chambers. (2) Given the size of the underground mine, the length of the waterlines, waterline material, and cross connections between operational uses of water and the waterlines that could be plumbed to the refuge chambers, it is impossible to ensure compliance with 40 CFR part 141, National Primary Drinking Water Regulations. (3) One of the three refuge chambers is not constructed to allow for the piping of water into the self-contained structure. Alterations or modifications made to the refuge chamber to allow for waterlines would void the warranty. Utilizing commercially purchased, sealed water bottles would allow the E:\FR\FM\20SEN1.SGM 20SEN1 49562 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices continued use of this refuge chamber while still providing continuous access to potable water in case of an emergency. As an alternative to the existing standard, the petitioner proposes the following: (a) The operator will supply each of the three refuge chambers with commercially purchased, sealed 5gallon water bottles, allowing each miner 2.25 quarts of water per day for at least 36 hours in a refuge chamber, given the manufacturer’s maximum occupant capacity. (b) The operator will replace the water bottles with fresh water bottles before the expiration of the shelf life date of the water. The condition and quantity of stored water will be inspected monthly and specific instructions on water conservation will be included with the refuge supplies. 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. 2019–20395 Filed 9–19–19; 8:45 am] BILLING CODE 4520–43–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 15–CRB–0011 DART (SRF/CO) (2014)] Distribution of Digital Audio Recording Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of paper proceeding, requesting Petitions to Participate, and allowing comments. AGENCY: The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine the distribution of digital audio recording technology royalty fees in the 2014 Sound Recordings Fund. The Judges also announce the date by which a party who wishes to participate in this proceeding must file its Petition to Participate and the accompanying filing fee, if applicable. DATES: Petitions to Participate and the filing fee are due no later than October 21, 2019. ADDRESSES: Each Petition to Participate must include the proceeding docket number, 15–CRB–0011 DART (SRF/CO) khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 (2014). Participants must file using the online form on the CRB’s electronic filing application, eCRB, at https:// app.crb.gov/, unless they do not have access to the internet, in which case they may file using any of the following methods: U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024– 0977; or Overnight service (only USPS Express Mail is acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024–0977; or Commercial courier: Address package to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM–403, 101 Independence Avenue SE, Washington, DC 20559– 6000. Deliver to: Congressional Courier Acceptance Site, 2nd Street NE and D Street NE, Washington, DC; or Hand delivery: Library of Congress, James Madison Memorial Building, LM– 401, 101 Independence Avenue SE, Washington, DC 20559–6000. Instructions: Unless submitting online, claimants must submit an original, two paper copies, and an electronic version on a CD. All submissions must include the Copyright Royalty Board name and docket number. All submissions received will be posted without change on eCRB including any personal information provided. Docket: For access to the docket, go to eCRB, the Copyright Royalty Board’s electronic filing and case management system, at https://app.crb.gov/, and search for docket number 15–CRB–0011 DART (SRF/CO) (2014). FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Background The Audio Home Recording Act of 1992 (AHRA), Public Law 102–563, requires manufacturers and importers to pay royalties on digital audio recording devices and media that are distributed in the United States. 17 U.S.C. 1003. These royalties are deposited with the Copyright Office for further distribution to eligible claimants. 17 U.S.C. 1005, 1007. Royalties are divided into two funds: The Sound Recordings Fund (66– 2/3%) and the Musical Works Fund (33–1/3%). These fees in turn are allocated to specific subfunds. 17 U.S.C. 1006(b). The Sound Recordings Fund, which is the subject of this notice, is divided between the Copyright Owners Subfund (60%) and the Featured Recording Artists Subfund (40%), after PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 small portions are distributed to nonfeatured musicians and nonfeatured vocalists. 17 U.S.C. 1006(b)(1). Distribution of the fees in the two subfunds may occur in one of two ways. The interested copyright parties within each subfund may negotiate the terms of a settlement as to the division of royalty funds. If, after any such agreements, funds remain in dispute, the Copyright Royalty Judges may conduct a proceeding to determine the distribution of the royalties that remain in controversy in each subfund. 17 U.S.C. 1006(c) & 1007(c). On January 21, 2016, the Judges ordered distribution of 98% of the royalties held in the Featured Recording Artists Subfund and the Copyright Owners Subfund of the 2014 Sound Recordings Fund to settling claimants. Order Granting AARC’s Request for Partial Distribution of Royalties from the 2014 DART Sound Recordings Fund. The Judges subsequently denied requests from two nonsettling claimants for distribution of funds. Order Denying Eugene Curry/Tajai Music, Inc’s Request for Partial Distribution of Funds from the Copyright Owners Subfund (Jan. 18, 2017) (‘‘Tajai Music Order’’); Order Denying Herman Kelly’s Request for Partial Distribution of Funds (Jan. 18, 2017) (‘‘Kelly Order’’). In the Kelly order, the Judges found that a controversy exists regarding the proper distribution of the remaining funds in the Featured Artists Subfund. Tajai Music, Inc. has not settled its interest in the Copyright Owners Subfund. See Motion in Support of Settling Claimants’ Notice of Settlement and Request for Partial Distribution of the 2014 DART Sound Recordings Fund Featured Recording Artists and Copyright Owners Subfunds Royalties at 1 (Dec. 2, 2015); Tajai Music Order at 1. Consistent with 17 U.S.C. 804(b)(8), the Judges determine that, for the reasons stated above, a controversy exists with respect to the distribution of the 2014 Sound Recordings Fund royalties from the Copyright Owners Subfund and the Featured Recording Artists Subfund. Commencement of Proceeding By this notice, the Judges announce the commencement of a proceeding to determine the final distribution of DART Sound Recordings Funds (from both the Copyright Owners Subfund and the Featured Recording Artists Subfund) for royalty year 2014. Petitions To Participate Petitions to Participate must provide all of the information required by 37 CFR 351.1(b)(2). Participants also must E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49561-49562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20395]


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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: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before October 21, 2019.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. 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: Roslyn B. Fontaine, Deputy 
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 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: Roslyn B. Fontaine, Office of 
Standards, Regulations, and Variances at 202-693-9440 (voice), 
[email protected] (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 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. Petition for Modification

    Docket Number: M-2019-006-M.
    Petitioner: Hecla Limited, Lucky Friday Unit, 397 Friday Ave., 
Mullan, ID 83846.
    Mines: Lucky Friday, MSHA I.D. No. 10-00088, located in Shoshone 
County, Idaho.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the mine operator to provide commercially 
purchased water in sealed bottles instead of a waterline in each of 
three refuge chambers located in the mine.
    The petitioner states that:
    (1) During an emergency at the mine, water from a waterline could 
become non-potable due to potentially damaged waterlines connecting the 
water source to the refuge chambers.
    (2) Given the size of the underground mine, the length of the 
waterlines, waterline material, and cross connections between 
operational uses of water and the waterlines that could be plumbed to 
the refuge chambers, it is impossible to ensure compliance with 40 CFR 
part 141, National Primary Drinking Water Regulations.
    (3) One of the three refuge chambers is not constructed to allow 
for the piping of water into the self-contained structure. Alterations 
or modifications made to the refuge chamber to allow for waterlines 
would void the warranty. Utilizing commercially purchased, sealed water 
bottles would allow the

[[Page 49562]]

continued use of this refuge chamber while still providing continuous 
access to potable water in case of an emergency.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The operator will supply each of the three refuge chambers with 
commercially purchased, sealed 5-gallon water bottles, allowing each 
miner 2.25 quarts of water per day for at least 36 hours in a refuge 
chamber, given the manufacturer's maximum occupant capacity.
    (b) The operator will replace the water bottles with fresh water 
bottles before the expiration of the shelf life date of the water. The 
condition and quantity of stored water will be inspected monthly and 
specific instructions on water conservation will be included with the 
refuge supplies.
    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. 2019-20395 Filed 9-19-19; 8:45 am]
BILLING CODE 4520-43-P