Petitions for Modification of Application of Existing Mandatory Safety Standards, 16644-16645 [2021-06481]
Download as PDF
<![CDATA[
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 https://
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]
-----------------------------------------------------------------------
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
