Petition for Modification of Application of Existing Mandatory Safety Standards, 61618-61619 [2023-19227]
Download as PDF
<![CDATA[
61618
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
display a valid OMB Control Number.
See 5 CFR 1320.5(a) and 1320.6.
DOL seeks PRA authorization for this
information collection for three (3)
years. OMB authorization for an ICR
cannot be for more than three (3) years
without renewal. The DOL notes that
information collection requirements
submitted to the OMB for existing ICRs
receive a month-to-month extension
while they undergo review.
Agency: DOL–WHD.
Title of Collection: Housing
Occupancy Certificate—Migrant and
Seasonal Agricultural Worker Protection
Act.
OMB Control Number: 1235–0006.
Affected Public: Farms.
Total Estimated Number of
Respondents: 10.
Total Estimated Number of
Responses: 10.
Total Estimated Annual Time Burden:
1.0 hours.
Total Estimated Annual Other Costs
Burden: $0.
(Authority: 44 U.S.C. 3507(a)(1)(D))
Michelle Neary,
Senior Paperwork Reduction Act Analyst.
I. Background
[FR Doc. 2023–19225 Filed 9–6–23; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition 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 10, 2023.
ADDRESSES: You may submit comments
identified by Docket No. MSHA–2023–
0037 by any of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments
for MSHA–2023–0037.
2. Fax: 202–693–9441.
3. Email: petitioncomments@dol.gov.
4. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452.
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
19:19 Sep 06, 2023
Jkt 259001
Attention: S. Aromie Noe, 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. Before visiting MSHA in person,
call 202–693–9455 to make an
appointment, in keeping with the
Department of Labor’s COVID–19
policy. Special health precautions may
be required.
FOR FURTHER INFORMATION CONTACT: S.
Aromie Noe, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Petitionsformodification@
dol.gov (email), or 202–693–9441 (fax).
[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.
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, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
II. Petition for Modification
Docket Number: M–2023–018–C.
Petitioner: The Coteau Properties
Company, 204 County Road 15, Beulah,
North Dakota 58523.
Mine: Freedom Mine, MSHA ID No.
32–00595, located in Mercer County,
North Dakota.
Regulation Affected: 30 CFR
77.1607(u) (Loading and haulage
equipment; operation).
Modification Request: The petitioner
requests a modification of 30 CFR
77.1607(u) to permit the use of an
engine driven hydraulic power pack,
Kubota Model D1105, to tow disabled
haulage trucks in lieu of a solid tow bar
and safety chain.
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
The petitioner states that:
(a) The petitioner has a previously
granted petition for modification, docket
number M–2018–013–C, to use a
Lambordini Model 9LD 625–2 engine
driven hydraulic power pack to tow
disabled haulage trucks.
(b) The petitioner is now requesting to
use a Kubota Model D1105, serial
number 1GZ1802, engine driven
hydraulic power pack due to
mechanical issues with the Lambordini
Model 9 LD 625–2 engine driven
hydraulic power pack. The Kubota
Model D1105, serial number 1GZ1802,
engine driven hydraulic power pack
will be used under the same terms and
conditions listed in the previously
granted petition.
The petitioner proposes the following
alternative method:
(a) The proposed towing system shall
only apply to vehicles with a ‘‘fail safe’’
braking system and emergency steering
capabilities.
(b) The tow ropes used to tow a
disabled vehicle shall be a minimum of
35⁄8″ Dyneema material, at least 50 feet
in length, with an average breaking
strength of 1,459,000 lbs., and
maintained in good condition. Tow
ropes shall be attached to both vehicles
with tow balls or equivalent
attachments. Connecting the towing
ropes between vehicles shall be done
when the vehicles are at a protected
location and the engines are not running
and both vehicles shall be blocked with
wheel chocks prior to attaching or
disconnecting nylon towing slings when
the potential for rolling exists. Tow
ropes shall be maintained and replaced
as per manufacturer’s recommendations.
(c) Radio communications between
the towed and the towing vehicles shall
be maintained at all times when the
vehicles are moving. The towed vehicle
driver shall be able to see at least 10 feet
in front of the vehicle. Towing speed
shall not exceed 5 mph.
(d) The engine driven hydraulic
power pack shall be adequately
designed to supply the correct hydraulic
pressure as recommended by the towed
vehicle manufacturer.
(e) The power pack shall be securely
mounted to the towed vehicle as to not
impede the operation of the vehicle or
pose safety hazards such as a broken
hydraulic line or exhaust fumes that
may enter the operator’s compartment.
The power pack shall not impede the
ability to exit the vehicle quickly.
(f) The power pack shall operate at all
times when the vehicle is being towed
to maintain normal braking and steering
functions. The power pack shall be
examined prior to each use by a
E:\FR\FM\07SEN1.SGM
07SEN1
Federal Register / Vol. 88, No. 172 / Thursday, September 7, 2023 / Notices
qualified mechanic trained to perform
the examination.
(g) Prior to towing operation, testing
of the brakes and steering shall be
performed at a protected location. The
test shall include fully pressurizing the
air system to ensure the brakes function
properly and depleting the air system to
ensure the ‘‘fail safe’’ brakes re-apply at
the proper pressures.
(h) All qualified mechanics shall be
trained to perform the installation of the
power pack to tow a vehicle.
(i) Loaded haul trucks shall not be
towed. Loads shall be dumped or
otherwise removed prior to towing.
(j) Prior to towing operations, the
route of travel shall be cleared of traffic
and all persons in the affected area
notified.
(k) No more than 60 days after this
Proposed Decision and Order (PDO)
becomes final, the petitioner shall
submit revisions to its approved 30 CFR
part 48 training plan that address the
requirements in the PDO to the MSHA
District Manager.
In support of the proposed alternative
method, the petitioner submitted task
training instructions on the operation of
the Kubota Model D1105, serial number
1GZ1802, engine driven hydraulic
power pack.
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.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2023–19227 Filed 9–6–23; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2011–0862]
Hazardous Wastes Operations and
Emergency Response (HAZWOPER)
Standard; 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.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Hazardous Wastes
SUMMARY:
VerDate Sep<11>2014
19:19 Sep 06, 2023
Jkt 259001
Operations and Emergency Response
(HAZWOPER) Standard.
DATES: Comments must be submitted
(postmarked, sent, or received) by
November 6, 2023.
ADDRESSES:
Electronically: You may submit
comments and attachments
electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office at (202)
693–2350 (TTY (877) 889–5627) for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and OSHA
docket number (OSHA–2011–0862) for
the Information Collection Request
(ICR). OSHA will place all comments,
including any personal information, in
the public docket, which may be made
available online. Therefore, OSHA
cautions interested parties about
submitting personal information such as
social security numbers and birthdates.
For further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Seleda Perryman, Directorate of
Standards and Guidance, OSHA, U.S.
Department of Labor; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of
the 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 accordance 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, the collection
instruments are clearly understood, and
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
61619
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 651 et seq.)
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 OSH Act also requires
that OSHA obtain such information
with minimum burden upon employers,
especially those operating small
businesses, and to reduce to the
maximum extent feasible unnecessary
duplication of effort in obtaining
information (29 U.S.C. 657).
The following sections describe who
uses the information collected under
each requirement, as well as how they
use it.
The HAZWOPER standard specifies a
number of collections of information
(paperwork) requirements. Employers
can use the information collected under
the HAZWOPER rule to develop the
various programs the standard requires
and to ensure that their workers are
trained properly about the safety and
health hazards associated with
hazardous waste operations and
emergency response to hazardous waste
releases. OSHA will use the records
developed in response to this standard
to determine adequate compliance with
the standard’s safety and health
provisions. The employer’s failure to
collect and distribute the information
required in this standard will affect
significantly OSHA’s effort to control
and reduce injuries and fatalities. Such
failure would also be contrary to the
direction Congress provided in
Superfund Amendments and
Reauthorization Act (SARA).
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 to protect workers,
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\07SEN1.SGM
07SEN1
]]>Agencies
[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61618-61619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19227]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition 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 10, 2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0037 by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments for MSHA-2023-0037.
2. Fax: 202-693-9441.
3. Email: [email protected].
4. 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, 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. Before visiting MSHA in person, call
202-693-9455 to make an appointment, in keeping with the Department of
Labor's COVID-19 policy. Special health precautions may be required.
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 (fax). [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, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2023-018-C.
Petitioner: The Coteau Properties Company, 204 County Road 15,
Beulah, North Dakota 58523.
Mine: Freedom Mine, MSHA ID No. 32-00595, located in Mercer County,
North Dakota.
Regulation Affected: 30 CFR 77.1607(u) (Loading and haulage
equipment; operation).
Modification Request: The petitioner requests a modification of 30
CFR 77.1607(u) to permit the use of an engine driven hydraulic power
pack, Kubota Model D1105, to tow disabled haulage trucks in lieu of a
solid tow bar and safety chain.
The petitioner states that:
(a) The petitioner has a previously granted petition for
modification, docket number M-2018-013-C, to use a Lambordini Model 9LD
625-2 engine driven hydraulic power pack to tow disabled haulage
trucks.
(b) The petitioner is now requesting to use a Kubota Model D1105,
serial number 1GZ1802, engine driven hydraulic power pack due to
mechanical issues with the Lambordini Model 9 LD 625-2 engine driven
hydraulic power pack. The Kubota Model D1105, serial number 1GZ1802,
engine driven hydraulic power pack will be used under the same terms
and conditions listed in the previously granted petition.
The petitioner proposes the following alternative method:
(a) The proposed towing system shall only apply to vehicles with a
``fail safe'' braking system and emergency steering capabilities.
(b) The tow ropes used to tow a disabled vehicle shall be a minimum
of 3\5/8\'' Dyneema material, at least 50 feet in length, with an
average breaking strength of 1,459,000 lbs., and maintained in good
condition. Tow ropes shall be attached to both vehicles with tow balls
or equivalent attachments. Connecting the towing ropes between vehicles
shall be done when the vehicles are at a protected location and the
engines are not running and both vehicles shall be blocked with wheel
chocks prior to attaching or disconnecting nylon towing slings when the
potential for rolling exists. Tow ropes shall be maintained and
replaced as per manufacturer's recommendations.
(c) Radio communications between the towed and the towing vehicles
shall be maintained at all times when the vehicles are moving. The
towed vehicle driver shall be able to see at least 10 feet in front of
the vehicle. Towing speed shall not exceed 5 mph.
(d) The engine driven hydraulic power pack shall be adequately
designed to supply the correct hydraulic pressure as recommended by the
towed vehicle manufacturer.
(e) The power pack shall be securely mounted to the towed vehicle
as to not impede the operation of the vehicle or pose safety hazards
such as a broken hydraulic line or exhaust fumes that may enter the
operator's compartment. The power pack shall not impede the ability to
exit the vehicle quickly.
(f) The power pack shall operate at all times when the vehicle is
being towed to maintain normal braking and steering functions. The
power pack shall be examined prior to each use by a
[[Page 61619]]
qualified mechanic trained to perform the examination.
(g) Prior to towing operation, testing of the brakes and steering
shall be performed at a protected location. The test shall include
fully pressurizing the air system to ensure the brakes function
properly and depleting the air system to ensure the ``fail safe''
brakes re-apply at the proper pressures.
(h) All qualified mechanics shall be trained to perform the
installation of the power pack to tow a vehicle.
(i) Loaded haul trucks shall not be towed. Loads shall be dumped or
otherwise removed prior to towing.
(j) Prior to towing operations, the route of travel shall be
cleared of traffic and all persons in the affected area notified.
(k) No more than 60 days after this Proposed Decision and Order
(PDO) becomes final, the petitioner shall submit revisions to its
approved 30 CFR part 48 training plan that address the requirements in
the PDO to the MSHA District Manager.
In support of the proposed alternative method, the petitioner
submitted task training instructions on the operation of the Kubota
Model D1105, serial number 1GZ1802, engine driven hydraulic power pack.
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.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-19227 Filed 9-6-23; 8:45 am]
BILLING CODE 4520-43-P
