80 FR 10163 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range		10163-10164
FR Document		2015-03835

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations, 30 CFR part 44, govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below.

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)

[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10163-10164]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03835]


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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: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations, 30 CFR part 44, 
govern the

[[Page 10164]]

application, processing, and disposition of petitions for modification. 
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 the Office of 
Standards, Regulations, and Variances on or before March 27, 2015.

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, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia 22209-3939, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk on the 21st floor. Individuals may inspect copies of the petitions 
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), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: 

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. Petitions for Modification

    Docket Numbers: M-2015-001-C and M-2015-002-C.
    Petitioner: Sunrise Coal LLC, 12661 North Agricare Road, Oaktown, 
Indiana 47561.
    Mines: Oaktown Fuels No. 1 Mine, MSHA I.D. No. 12-02394, and 
Oaktown Fuels No. 2, MSHA I.D. No. 12-02418, both located in Knox 
County, Indiana.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance), 30 CFR 18.35(a)(5) (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to increase the maximum length of trailing cables 
supplying power to permissible pumps in the mines. The petitioner 
states that:
    (1) These petitions will apply only to trailing cables supplying 
three-phase, 480-volt power for permissible pumps.
    (2) The maximum length of the trailing cables for a 480-volt 
permissible pump will be 4000 feet.
    (3) The permissible pump will be no greater than 6.2 horsepower.
    (4) The 480-volt power for permissible pump trailing cables 
exceeding 500 feet will not be smaller than No. 6 AWG.
    (5) All circuit breakers used to protect No. 6 AWG trailing cables 
exceeding 500 feet in length will have an instantaneous trip unit 
calibrated to trip at 60 amperes. These circuit breakers will be in the 
cable coupler and the cable coupler will have permanent, legible 
labels. Each label will identify the cable coupler as being suitable 
for protecting No. 6 AWG cables. This label will be maintained legible.
    (6) Replacement circuit breakers used to protect No. 6 AWG trailing 
cables exceeding 500 feet in length will be calibrated to trip at 60 
amperes.
    (7) All circuit breakers used to protect the No. 2 AWG trailing 
cables exceeding 500 feet in length will have instantaneous trip units 
calibrated to trip at 150 amperes. These circuit breakers will be in 
the cable coupler and the cable coupler will have permanent, legible 
labels. Each label will identify the cable coupler as being suitable 
for protecting No. 2 AWG cables. The labels will be maintained legible.
    (8) Replacement circuit breakers used to protect No. 2 AWG trailing 
cables exceeding 500 feet in length will be calibrated to trip at 150 
amperes.
    (9) The petitioner's alternative method will not be implemented 
until all miners who have been designated to examine and verify the 
short-circuit settings and proper procedures for examining trailing 
cables for defects and damage have received training.
    (10) Within 60 days after these petitions are granted, the 
petitioner will submit proposed revisions for their approved 30 CFR 
part 48 training plans to the District Manager for the area in which 
the mine is located. The training will include the following:
    (a) Mining methods and operating procedures for protecting the 
trailing cables against damage.
    (b) Proper procedures for examining the trailing cables to ensure 
safe operating condition.
    (c) The hazards of setting the instantaneous circuit breakers too 
high to adequately protect the trailing cables.
    (d) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    The petitioner further states that procedures specified in 30 CFR 
48.3 for proposed revisions to approved training plans will apply.
    The petitioner asserts that the alternative method will guarantee 
no less than the same measure of protection for all miners than that of 
the existing standard.

    Dated: February 19, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-03835 Filed 2-24-15; 8:45 am]
BILLING CODE 4510-43-P

Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10163

SUMMARY: The Department of Labor implement the FMLA’s statutory notice ensure appropriate consideration,
(DOL) is submitting the Wage and Hour and certification provisions and assist comments should mention OMB Control
Division (WHD) sponsored information employees and employers in meeting Number 1235–0003. The OMB is
collection request (ICR) revision titled, their FMLA notification obligations. The particularly interested in comments
‘‘Family and Medical Leave Act of 1993, recordkeeping requirements covered by that:
As Amended,’’ (FMLA) to the Office of this ICR are necessary in order for the • Evaluate whether the proposed
Management and Budget (OMB) for DOL to carry out its statutory obligation collection of information is necessary
review and approval for use in under FMLA section 106 (29 U.S.C. for the proper performance of the
accordance with the Paperwork 2616) to investigate and ensure functions of the agency, including
Reduction Act (PRA) of 1995 (44 U.S.C. employer compliance. whether the information will have
3501 et seq.). Public comments on the Elsewhere is today’s issuance of the practical utility;
ICR are invited. Federal Register, the DOL has • Evaluate the accuracy of the
DATES: The OMB will consider all published a Final Rule that amends the agency’s estimate of the burden of the
written comments that agency receives FMLA definition of spouse in light of proposed collection of information,
on or before March 27, 2015. the United States Supreme Court’s including the validity of the
ADDRESSES: A copy of this ICR with decision in United States v. Windsor, methodology and assumptions used;
applicable supporting documentation; 133 S. Ct. 2675 (2013) that found • Enhance the quality, utility, and
including a description of the likely Defense of Marriage Act section 3 (1 clarity of the information to be
respondents, proposed frequency of U.S.C. 7) to be unconstitutional. This collected; and
response, and estimated total burden ICR revises the paperwork burden • Minimize the burden of the
may be obtained free of charge from the estimates to reflect the rule. In addition, collection of information on those who
RegInfo.gov Web site at http:// the WHD has made minor clarifications are to respond, including through the
www.reginfo.gov/public/do/ to some of the information on the forms use of appropriate automated,
PRAViewICR?ref_nbr=201410-1235-004 (e.g., adding information that certain electronic, mechanical, or other
(this link will only become active on the records may need to be maintained in technological collection techniques or
day following publication of this notice) accordance with regulations issued to other forms of information technology,
or by contacting Michel Smyth by implement the Genetic Information e.g., permitting electronic submission of
telephone at 202–693–4129, TTY 202– Nondiscrimination Act). FMLA section responses.
693–8064, (these are not toll-free 404 authorizes this information Agency: DOL–WHD.
numbers) or sending an email to DOL_ collection. See 29 U.S.C. 2654. Title of Collection: Family and
PRA_PUBLIC@dol.gov. This information collection is subject Medical Leave Act of 1993, As
Submit comments about this request to the PRA. A Federal agency generally Amended.
by mail or courier to the Office of cannot conduct or sponsor a collection OMB Control Number: 1235–0003.
Information and Regulatory Affairs, of information, and the public is Affected Public: Individuals or
Attn: OMB Desk Officer for DOL–WHD, generally not required to respond to an Households; State, Local, and Tribal
Office of Management and Budget, information collection, unless it is Governments; Private Sector—
Room 10235, 725 17th Street NW., approved by the OMB under the PRA businesses or other for-profits, farms,
Washington, DC 20503; by Fax: 202– and displays a currently valid OMB and not-for-profit institutions.
395–5806 (this is not a toll-free Control Number. In addition, Total Estimated Number of
number); or by email: OIRA_ notwithstanding any other provisions of Respondents: 7,182,916.
submission@omb.eop.gov. Commenters law, no person shall generally be subject Total Estimated Number of
are encouraged, but not required, to to penalty for failing to comply with a Responses: 82,371,724.
send a courtesy copy of any comments collection of information that does not Total Estimated Annual Time Burden:
by mail or courier to the U.S. display a valid Control Number. See 5 9,313,502 hours.
Department of Labor-OASAM, Office of CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs
the Chief Information Officer, Attn: obtains OMB approval for this Burden: $184,932,912.
Departmental Information Compliance information collection under Control
Dated: February 18, 2015.
Management Program, Room N1301, Number 1235–0003. The current
approval is scheduled to expire on Michel Smyth,
200 Constitution Avenue NW., Departmental Clearance Officer.
Washington, DC 20210; or by email: February 28, 2015; however, the DOL
DOL_PRA_PUBLIC@dol.gov. notes that existing information [FR Doc. 2015–03568 Filed 2–23–15; 11:15 am]
collection requirements submitted to the BILLING CODE 4510–27–P
FOR FURTHER INFORMATION CONTACT:
OMB receive a month-to-month
Michel Smyth by telephone at 202–693–
extension while they undergo review.
4129, TTY 202–693–8064, (these are not DEPARTMENT OF LABOR
New information collection
toll-free numbers) or sending an email
requirements would only take effect
to DOL_PRA_PUBLIC@dol.gov. Mine Safety and Health Administration
upon OMB approval or when the Final
Authority: 44 U.S.C. 3507(a)(1)(D). Rule takes effect, whichever is later. For
SUPPLEMENTARY INFORMATION: This ICR Petitions for Modification of
additional substantive information
seeks approval under the PRA for Application of Existing Mandatory
about this ICR, see the related notice
revisions to the FMLA information Safety Standards
published in the Federal Register on
asabaliauskas on DSK5VPTVN1PROD with NOTICES

collection approval resulting from a November 11, 2014 (78 FR 54299). AGENCY: Mine Safety and Health
Final Rule the Department is publishing Interested parties are encouraged to Administration, Labor.
elsewhere in today’s issuance of the send comments regarding the ICR to the ACTION: Notice.
Federal Register and because of minor OMB, Office of Information and
clarifications to certain disclosures the Regulatory Affairs at the address shown SUMMARY: Section 101(c) of the Federal
Department makes on certain forms to in the ADDRESSES section within thirty Mine Safety and Health Act of 1977 and
respondents. The notification (30) days of publication of this notice in Title 30 of the Code of Federal
requirements approved by this ICR will the Federal Register. In order to help Regulations, 30 CFR part 44, govern the

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10164 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices

application, processing, and disposition II. Petitions for Modification (10) Within 60 days after these
of petitions for modification. This notice Docket Numbers: M–2015–001–C and petitions are granted, the petitioner will
is a summary of petitions for M–2015–002–C. submit proposed revisions for their
modification submitted to the Mine Petitioner: Sunrise Coal LLC, 12661 approved 30 CFR part 48 training plans
Safety and Health Administration North Agricare Road, Oaktown, Indiana to the District Manager for the area in
(MSHA) by the parties listed below. 47561. which the mine is located. The training
DATES: All comments on the petitions Mines: Oaktown Fuels No. 1 Mine, will include the following:
must be received by the Office of MSHA I.D. No. 12–02394, and Oaktown (a) Mining methods and operating
Standards, Regulations, and Variances Fuels No. 2, MSHA I.D. No. 12–02418, procedures for protecting the trailing
on or before March 27, 2015. both located in Knox County, Indiana. cables against damage.
ADDRESSES: You may submit your Regulation Affected: 30 CFR 75.503 (b) Proper procedures for examining
comments, identified by ‘‘docket (Permissible electric face equipment; the trailing cables to ensure safe
number’’ on the subject line, by any of maintenance), 30 CFR 18.35(a)(5) operating condition.
the following methods: (c) The hazards of setting the
(Portable (trailing) cables and cords).
1. Electronic Mail: zzMSHA- instantaneous circuit breakers too high
Modification Request: The petitioner
comments@dol.gov. Include the docket to adequately protect the trailing cables.
requests a modification of the existing
number of the petition in the subject (d) How to verify that the circuit
standard to increase the maximum
line of the message. interrupting device(s) protecting the
length of trailing cables supplying
2. Facsimile: 202–693–9441. trailing cable(s) are properly set and
power to permissible pumps in the
3. Regular Mail or Hand Delivery: maintained.
mines. The petitioner states that: The petitioner further states that
MSHA, Office of Standards, (1) These petitions will apply only to
Regulations, and Variances, 1100 procedures specified in 30 CFR 48.3 for
trailing cables supplying three-phase, proposed revisions to approved training
Wilson Boulevard, Room 2350, 480-volt power for permissible pumps.
Arlington, Virginia 22209–3939, plans will apply.
(2) The maximum length of the The petitioner asserts that the
Attention: Sheila McConnell, Acting
trailing cables for a 480-volt permissible alternative method will guarantee no
Director, Office of Standards,
pump will be 4000 feet. less than the same measure of protection
Regulations, and Variances. Persons
(3) The permissible pump will be no for all miners than that of the existing
delivering documents are required to
greater than 6.2 horsepower. standard.
check in at the receptionist’s desk on
(4) The 480-volt power for permissible
the 21st floor. Individuals may inspect Dated: February 19, 2015.
pump trailing cables exceeding 500 feet
copies of the petitions and comments Sheila McConnell,
will not be smaller than No. 6 AWG.
during normal business hours at the Acting Director, Office of Standards,
(5) All circuit breakers used to protect
address listed above. Regulations, and Variances.
MSHA will consider only comments No. 6 AWG trailing cables exceeding
postmarked by the U.S. Postal Service or 500 feet in length will have an [FR Doc. 2015–03835 Filed 2–24–15; 8:45 am]

proof of delivery from another delivery instantaneous trip unit calibrated to trip BILLING CODE 4510–43–P

service such as UPS or Federal Express at 60 amperes. These circuit breakers
on or before the deadline for comments. will be in the cable coupler and the
cable coupler will have permanent, NATIONAL SCIENCE FOUNDATION
FOR FURTHER INFORMATION CONTACT:
legible labels. Each label will identify
Barbara Barron, Office of Standards, Advisory Committee for
the cable coupler as being suitable for
Regulations, and Variances at 202–693– Cyberinfrastructure; Notice of Meeting
protecting No. 6 AWG cables. This label
9447 (Voice), barron.barbara@dol.gov
will be maintained legible. In accordance with the Federal
(Email), or 202–693–9441 (Facsimile).
(6) Replacement circuit breakers used Advisory Committee Act (Pub., L. 92–
[These are not toll-free numbers.]
to protect No. 6 AWG trailing cables 463, as amended), the National Science
SUPPLEMENTARY INFORMATION:
exceeding 500 feet in length will be Foundation announces the following
I. Background calibrated to trip at 60 amperes. meeting:
Section 101(c) of the Federal Mine (7) All circuit breakers used to protect Name: Advisory Committee for
Safety and Health Act of 1977 (Mine the No. 2 AWG trailing cables exceeding Cyberinfrastructure (25150).
Act) allows the mine operator or 500 feet in length will have Date and Time:
representative of miners to file a instantaneous trip units calibrated to April 22, 2015; 09:00 a.m.–5:30 p.m.
petition to modify the application of any trip at 150 amperes. These circuit April 23, 2015; 8:30 a.m.–1:00 p.m.
mandatory safety standard to a coal or breakers will be in the cable coupler and Place: National Science Foundation,
other mine if the Secretary of Labor the cable coupler will have permanent, 4201 Wilson Blvd., Arlington, VA
determines that: legible labels. Each label will identify 22230, Room 1235.
1. An alternative method of achieving the cable coupler as being suitable for Type of Meeting: OPEN.
the result of such standard exists which protecting No. 2 AWG cables. The labels Contact Person: Mark Suskin, CISE,
will at all times guarantee no less than will be maintained legible. Division of Advanced
the same measure of protection afforded (8) Replacement circuit breakers used Cyberinfrastructure, National Science
the miners of such mine by such to protect No. 2 AWG trailing cables Foundation, 4201 Wilson Blvd., Suite
exceeding 500 feet in length will be
asabaliauskas on DSK5VPTVN1PROD with NOTICES

standard; or 1145, Arlington, VA 22230, Telephone:
2. That the application of such calibrated to trip at 150 amperes. 703–292–8970.
standard to such mine will result in a (9) The petitioner’s alternative Minutes: May be obtained from the
diminution of safety to the miners in method will not be implemented until contact person listed above.
such mine. all miners who have been designated to Purpose of Meeting: To advise NSF on
In addition, the regulations at 30 CFR examine and verify the short-circuit the impact of its policies, programs and
44.10 and 44.11 establish the settings and proper procedures for activities in the ACI community. To
requirements and procedures for filing examining trailing cables for defects and provide advice to the Director/NSF on
petitions for modification. damage have received training. issues related to long-range planning.

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Document Created: 2015-12-18 13:09:06
Document Modified: 2015-12-18 13:09:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		All comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before March 27, 2015.
Contact		Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Facsimile). [These are not toll-free numbers.]
FR Citation		80 FR 10163

80 FR 10163 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 80, Issue 37 (February 25, 2015)

DEPARTMENT OF LABOR
Mine Safety and Health Administration