Petitions for Modification of Application of Existing Mandatory Safety Standards, 16644-16645 [2021-06481]

Download as PDF 16644 Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices shall specify initial and refresher training regarding the terms and conditions stated in MSHA’s Decision and Order. When training is conducted, a MSHA Certificate of Training (Form 5000–23) shall be completed. Comments shall be included on the Certificate of Training indicating that it was nonpermissible testing equipment training. (g) The mine operator is responsible for determining that all persons including contractors are using the equipment in accordance with MSHA’s Decision and Order. (h) The mine operator shall post this Decision and Order in unobstructed locations on the bulletin boards and/or in other conspicuous places where notices to miners are ordinarily posted for a period of not less than 60 consecutive days. The petitioner asserts that the alternate method proposed will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Aromie Noe, Acting 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: S. Aromie Noe, Office of Standards, Regulations, and Variances at 202–693– 9440 (voice), noe.song-ae.a@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 (CFR) part 44 govern the application, processing, and disposition of petitions for modification. Song-ae Aromie Noe, Acting Deputy Director, Office of Standards, Regulations, and Variances. I. Background [FR Doc. 2021–06484 Filed 3–29–21; 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 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 April 29, 2021. 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: S. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:59 Mar 29, 2021 Jkt 253001 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. 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 for filing petitions for modification. II. Petition for Modification Docket Number: M–2021–005–C. Petitioner: Blue Diamond Mining, LLC, 1021 Tori Drive, Hazard, Kentucky, (ZIP 41701). Mine: Calvary Mine #81, MSHA ID No. 15–12753, located in Leslie County, Kentucky. Regulation Affected: 30 CFR 75.364 (Weekly examination). 30 CFR 75.364(b)(2) requires that at least every 7 days an examination for hazardous conditions shall be made by a certified person designated by the operator in at least one entry of each return air course, in its entirety, so that the entire air course is traveled. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Modification Request: For purposes of weekly examinations, the petitioner requests a modification of the existing standard to permit the establishment of examination points at the upwind and downwind ends of two impassable 30inch corrugated metal pipes (CMPs), in lieu of through the pipes. The petitioner states that: (a) Prior to 2004, two 30-inch diameter CMPs extending approximately 300 feet from the #22 seal set location in Calvary Mine to the return air course were installed and used as ventilation control devices. Air that passed this seal location was directed through these CMPs with the quality and quantity checked during weekly examinations. (b) The petitioner was recently notified by MSHA that the ventilation pipes were no longer acceptable control devices. Upon the notification, the petitioner stopped up the devices and instead allowed intake air to continue inby toward the working faces. (c) However, due to overall low mining height, the newly adopted foot travel of 2,700 feet through the affected area is very difficult. (d) It is also very difficult to construct conventional overcasts due to the immediate roof being large grain sandstone. The petitioner proposes the following alternative method: (a) The petitioner shall use the two existing 30-inch CMPs for ventilation controls again to allow air passing from the #22 seal set location to be directed back to the return air course and not to the working faces. (b) The integrity of the pipe will be examined daily and the integrity of seal set #22 will be examined for hazards twice weekly. (c) Air measurement stations shall be established at locations that will allow effective evaluation of ventilation in the affected areas. All measurements shall be made by a certified person on a weekly basis. A sign shall be posted designating the location of measuring stations. (d) All air measurement stations and approaches to such stations shall at all times be maintained in a safe condition. The roof shall be supported by suitable means. (e) The date, time, and results of these determinations shall be recorded in a book or on a date board that shall be provided at each measuring station. Such results shall also be recorded in a book kept on the surface and made accessible to all interested parties. (f) Evaluations shall be conducted by a certified person at each of the monitoring stations weekly. The E:\FR\FM\30MRN1.SGM 30MRN1 Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices evaluations shall include the quantity and quality of air entering or exiting the monitoring station. These air measurements shall be made using MSHA-approved and calibrated handheld multi-gas detectors to check the methane and oxygen gas concentrations and appropriate, calibrated anemometers to check air flow volume. (g) The monitoring station locations shall be shown on the mine ventilation map submitted to MSHA annually. The stations shall not be moved to another location without prior approval by the District Manager as a part of the Ventilation Plan for the mine. The petitioner asserts that the alternate method proposed will reduce injury risks to an examiner and will at all times guarantee no less than the same measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Acting Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. 2021–06481 Filed 3–29–21; 8:45 am] BILLING CODE 4520–43–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (21–017)] Notice of Intent To Grant an Exclusive License National Aeronautics and Space Administration. ACTION: Notice of intent to grant partially exclusive patent license. AGENCY: NASA hereby gives notice of its intent to grant a partially exclusive patent license in the United States to practice the inventions described and claimed in U.S. Issued Patent Number 9,863,148 B2 entitled ‘‘Sheath-Based Rollable Lenticular-Shaped and Low Stiction Composite Boom’’ to MMA Design, LLC, having its principal place of business in Louisville, CO. The fields of use may be limited to the production and supply of deployable space structures or structural components for deployable space structures. NASA has not yet made a determination to grant the requested license and may deny the requested license even if no objections are submitted within the comment period. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: The prospective partially exclusive license may be granted unless NASA receives written objections including evidence and argument, no later than April 14, 2021 that establish that the grant of the license would not DATES: VerDate Sep<11>2014 18:39 Mar 29, 2021 Jkt 253001 be consistent with the requirements regarding the licensing of federally owned inventions as set forth in the Bayh-Dole Act and implementing regulations. Competing applications completed and received by NASA no later than April 14, 2021 will also be treated as objections to the grant of the contemplated partially exclusive license. Objections submitted in response to this notice will not be made available to the public for inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act. ADDRESSES: Objections relating to the prospective license may be submitted to Patent Counsel, Office of the General Counsel, NASA Langley Research Center, MS 30, Hampton, Virginia 23681. Phone (757) 864–3221. Facsimile (757) 864–9190. FOR FURTHER INFORMATION CONTACT: Robin W. Edwards, Patent Counsel, Office of the General Counsel, NASA Langley Research Center, MS 30, Hampton, Virginia 23681. Phone (757) 864–3221. Facsimile (757) 864–9190. SUPPLEMENTARY INFORMATION: This notice of intent to grant a partially exclusive patent license is issued in accordance with 35 U.S.C. 209(e) and 37 CFR 404.7(a)(1)(i). The patent rights in these inventions have been assigned to the United States of America as represented by the Administrator of the National Aeronautics and Space Administration. The prospective partially exclusive license will comply with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Information about other NASA inventions available for licensing can be found online at http:// technology.nasa.gov. Helen M. Galus, Agency Counsel for Intellectual Property. [FR Doc. 2021–06517 Filed 3–29–21; 8:45 am] 16645 Place: National Science Foundation, 2415 Eisenhower Avenue, Alexandria, Virginia 22314 | Virtual. To register for the meeting, please contact Ms. Erika Davis at 703–292– 7421 or via email: edavis@nsf.gov. Type of Meeting: Open. Contact Person: Andrew Backe, National Science Foundation, Room W 7237, 2415 Eisenhower Avenue, Alexandria, Virginia 22314; Phone 703– 292–2454. Minutes: May be obtained from the contact person listed above. Purpose of Meeting: To provide advice and recommendations to the National Science Foundation concerning support for polar research, education, infrastructure and logistics, and related activities. Agenda April 29, 2021; 10:30 a.m.–4 p.m. (Virtual) • Office of Polar Programs Updates • COVID 19 Impacts • Meeting with the NSF Director & Chief Operating Officer • Updates on NSF GEO Activities April 30, 2021; 10:30 a.m.–4 p.m. (Virtual) • Advisory Committee Liaison Updates • NSF Response to the Antarctic • NSF Response to Arctic Sciences Committee of Visitors Report • Discussion regarding the Subcommittee on Diversity and Inclusion The agenda and any meeting updates will be posted on the AC–OPP website at https://www.nsf.gov/geo/opp/ advisory.jsp. Dated: March 24, 2021. Crystal Robinson, Committee Management Officer. [FR Doc. 2021–06468 Filed 3–29–21; 8:45 am] BILLING CODE 7555–01–P BILLING CODE 7510–13–P NATIONAL SCIENCE FOUNDATION Advisory Committee for Polar Programs; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Foundation (NSF) announces the following meeting: Name and Committee Code: Advisory Committee for Polar Programs (1130). Date and Time: April 29, 2021; 10:30 a.m.–4 p.m.; April 30, 2021; 10:30 a.m.– 4 p.m. PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 NATIONAL TRANSPORTATION SAFETY BOARD Sunshine Act Meeting 9:30 a.m., Tuesday, April 20, 2021. PLACE: Virtual. STATUS: The one item may be viewed by the public through webcast only. MATTER TO BE CONSIDERED: 66857 Aircraft Accident —Midair Collision over George Inlet, de Havilland DHC–2, N952DB and de Havilland DHC–3, N959PA, near Ketchikan, Alaska, May 13, 2019 TIME AND DATE: E:\FR\FM\30MRN1.SGM 30MRN1

Agencies

[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16644-16645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06481]


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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 April 29, 2021.

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: S. Aromie Noe, Acting 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: S. Aromie Noe, 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 
(CFR) 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. 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 for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2021-005-C.
    Petitioner: Blue Diamond Mining, LLC, 1021 Tori Drive, Hazard, 
Kentucky, (ZIP 41701).
    Mine: Calvary Mine #81, MSHA ID No. 15-12753, located in Leslie 
County, Kentucky.
    Regulation Affected: 30 CFR 75.364 (Weekly examination). 30 CFR 
75.364(b)(2) requires that at least every 7 days an examination for 
hazardous conditions shall be made by a certified person designated by 
the operator in at least one entry of each return air course, in its 
entirety, so that the entire air course is traveled.
    Modification Request: For purposes of weekly examinations, the 
petitioner requests a modification of the existing standard to permit 
the establishment of examination points at the upwind and downwind ends 
of two impassable 30-inch corrugated metal pipes (CMPs), in lieu of 
through the pipes.
    The petitioner states that:
    (a) Prior to 2004, two 30-inch diameter CMPs extending 
approximately 300 feet from the #22 seal set location in Calvary Mine 
to the return air course were installed and used as ventilation control 
devices. Air that passed this seal location was directed through these 
CMPs with the quality and quantity checked during weekly examinations.
    (b) The petitioner was recently notified by MSHA that the 
ventilation pipes were no longer acceptable control devices. Upon the 
notification, the petitioner stopped up the devices and instead allowed 
intake air to continue inby toward the working faces.
    (c) However, due to overall low mining height, the newly adopted 
foot travel of 2,700 feet through the affected area is very difficult.
    (d) It is also very difficult to construct conventional overcasts 
due to the immediate roof being large grain sandstone.
    The petitioner proposes the following alternative method:
    (a) The petitioner shall use the two existing 30-inch CMPs for 
ventilation controls again to allow air passing from the #22 seal set 
location to be directed back to the return air course and not to the 
working faces.
    (b) The integrity of the pipe will be examined daily and the 
integrity of seal set #22 will be examined for hazards twice weekly.
    (c) Air measurement stations shall be established at locations that 
will allow effective evaluation of ventilation in the affected areas. 
All measurements shall be made by a certified person on a weekly basis. 
A sign shall be posted designating the location of measuring stations.
    (d) All air measurement stations and approaches to such stations 
shall at all times be maintained in a safe condition. The roof shall be 
supported by suitable means.
    (e) The date, time, and results of these determinations shall be 
recorded in a book or on a date board that shall be provided at each 
measuring station. Such results shall also be recorded in a book kept 
on the surface and made accessible to all interested parties.
    (f) Evaluations shall be conducted by a certified person at each of 
the monitoring stations weekly. The

[[Page 16645]]

evaluations shall include the quantity and quality of air entering or 
exiting the monitoring station. These air measurements shall be made 
using MSHA-approved and calibrated handheld multi-gas detectors to 
check the methane and oxygen gas concentrations and appropriate, 
calibrated anemometers to check air flow volume.
    (g) The monitoring station locations shall be shown on the mine 
ventilation map submitted to MSHA annually. The stations shall not be 
moved to another location without prior approval by the District 
Manager as a part of the Ventilation Plan for the mine.
    The petitioner asserts that the alternate method proposed will 
reduce injury risks to an examiner and will at all times guarantee no 
less than the same measure of protection afforded the miners under the 
mandatory standard.

Song-ae Aromie Noe,
Acting Deputy Director, Office of Standards, Regulations, and 
Variances.
[FR Doc. 2021-06481 Filed 3-29-21; 8:45 am]
BILLING CODE 4520-43-P