80_FR_24369 80 FR 24286 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

80 FR 24286 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 83 (April 30, 2015)

Page Range24286-24287
FR Document2015-10092

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This Federal Register Notice notifies the public that MSHA has investigated and issued a final decision on certain mine operator petitions to modify a safety standard.

Federal Register, Volume 80 Issue 83 (Thursday, April 30, 2015) 
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24286-24287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10092]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Affirmative Decisions on Petitions for Modification Granted in 
Whole or in Part

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This Federal Register Notice 
notifies the public that MSHA has investigated and issued a final 
decision on certain mine operator petitions to modify a safety 
standard.

ADDRESSES: Copies of the final decisions are posted on MSHA's Web site 
at http://www.msha.gov/indexes/petition.htm. The public may inspect the 
petitions and final decisions during normal business hours in MSHA's 
Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, 
Room 2349, Arlington, Virginia 22209. All visitors must first stop at 
the receptionist desk on the 21st Floor to sign-in.

FOR FURTHER INFORMATION CONTACT: Roslyn B. Fontaine, Office of 
Standards, Regulations, and Variances at 202-693-9475 (Voice), 
[email protected] (Email), or 202-693-9441 (Telefax), or Barbara 
Barron at 202-693-9447 (Voice), [email protected] (Email), or 202-
693-9441 (Telefax). [These are not toll-free numbers].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    Under section 101 of the Federal Mine Safety and Health Act of 
1977, a mine operator may petition and the Secretary of Labor 
(Secretary) may modify the application of a mandatory safety standard 
to that mine if the Secretary determines that: (1) An alternative 
method exists that will guarantee no

[[Page 24287]]

less protection for the miners affected than that provided by the 
standard; or (2) that the application of the standard will result in a 
diminution of safety to the affected miners.
    MSHA bases the final decision on the petitioner's statements, any 
comments and information submitted by interested persons, and a field 
investigation of the conditions at the mine. In some instances, MSHA 
may approve a petition for modification on the condition that the mine 
operator complies with other requirements noted in the decision.

II. Granted Petitions for Modification

    On the basis of the findings of MSHA's investigation, and as 
designee of the Secretary, MSHA has granted or partially granted the 
following petitions for modification:
     Docket Number: M-2014-026-C.
    FR Notice: 79 FR 48256 (8/15/2014).
    Petitioner: Covol Fuels No. 3, LLC, 10156 US Hwy 25 E, Pineville, 
Kentucky 40977.
    Mine: Crockett, MSHA I.D. No. 15-12682, located in Bell County, 
Kentucky; Coarse Coal Refuse Fill #5, Site I.D. No. KY07-12682-05.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).

     Docket Number: M-2014-031-C.
    FR Notice: 79 FR 64623 (10/30/2014).
    Petitioner: Sunrise Coal LLC, 12661 Agricare Road, Oaktown, Indiana 
47561.
    Mine: Oaktown Fuels Mine No. 1, MSHA I.D. No. 12-02394, located in 
Knox County, Indiana.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

     Docket Number: M-2014-032-C.
    FR Notice: 79 FR 64623 (10/30/2014).
    Petitioner: Sunrise Coal LLC, 12661 Agricare Road, Oaktown, Indiana 
47561.
    Mine: Oaktown Fuels Mine No. 2, MSHA I.D. No. 12-02418, located in 
Knox County, Indiana.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).

    Dated: April 27, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-10092 Filed 4-29-15; 8:45 am]
 BILLING CODE 4510-43-P

24286 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices (2) Major maintenance requiring the (8) The ground fault and ground all circuits are in their normal state. At raising/lowering of the boom/mast check circuits will be disabled this time normal work procedures can would only be performed on an as provided: begin. needed basis, which could span long (a) The internal grounding conductor The petitioner asserts that this periods of time. Therefore, training and of the trailing cable has been tested and proposed alternative method of the review of the procedure would only be is continuous from the frame of the existing standard will not result in a conducted prior to this need. At such dragline to the grounding resistor diminution of safety to the miners time, all persons involved in the process located at the substation. Utilizing the affected. would be trained and retrained. ground check circuit and disconnecting Dated: April 27, 2015. The petitioner states that: the pilot circuit at the machine frame, Sheila McConnell, (1) Coyote Creek employees, its and verifying the circuit breaker cannot Acting Director, Office of Standards, contractors, and affected persons will be be closed, will be an acceptable test. Regulations, and Variances. trained on the requirements of the Resistance measurements will also be [FR Doc. 2015–10093 Filed 4–29–15; 8:45 am] procedure at the mine. used to assure the ground conductor is BILLING CODE 4510–43–P (2) The procedure will be coordinated continuous. The grounding resistor will by a Coyote Creek Mine maintenance be tested to assure it is properly supervisor and, if present, the connected, is not open, or is not DEPARTMENT OF LABOR contractor’s representative will assist. shorted. At least two MSHA qualified (b) Normal short circuit protection Mine Safety and Health Administration electricians will be present at all times will be provided at all times. The over during the procedure. current relay setting may be increased Affirmative Decisions on Petitions for up to 100 percent above its normal Modification Granted in Whole or in (3) The number of persons required setting. Part on board the machine will be limited. (9) During the boom raising/lowering An MSHA qualified electrician, dragline procedure an MSHA qualified AGENCY: Mine Safety and Health operator, and the dragline oiler will be electrician will be positioned at the Administration (MSHA), Labor. permitted on the machine. The Coyote substation dedicated to monitor the ACTION: Notice. Creek maintenance supervisor and grounding circuit. The MSHA qualified contractor’s representative may either be SUMMARY: Section 101(c) of the Federal electrician will be able to detect a on board or at a location on the ground Mine Safety and Health Act of 1977 and grounded phase condition or an open to assist in the coordination. ground wire condition. The MSHA 30 CFR part 44 govern the application, (4) The affected area under the boom qualified electrician at the substation processing, and disposition of petitions will be secured to prevent persons from will at all times maintain for modification. This Federal Register entering and/or contacting the frame of communications with an MSHA Notice notifies the public that MSHA the machine during the ‘‘boom raising/ qualified electrician at the dragline. If a has investigated and issued a final lowering’’. The area will be secured and grounded phase condition or an open decision on certain mine operator only those persons identified in Item #3 ground wire should occur during the petitions to modify a safety standard. will be permitted inside the secured process, the MSHA qualified electrician ADDRESSES: Copies of the final decisions area. At no time will anyone be at the substation will notify the MSHA are posted on MSHA’s Web site at permitted under the boom or close to qualified electrician at the dragline. All http://www.msha.gov/indexes/ the boom. persons on board the machine must be petition.htm. The public may inspect (5) Communication between the aware of the condition and must remain the petitions and final decisions during dragline operator, the MSHA qualified on board the machine. The boom must normal business hours in MSHA’s electrician at the dragline, the MSHA be lowered to the ground or controlled Office of Standards, Regulations, and qualified electrician at the substation, and electrical circuit deenergized, Variances, 1100 Wilson Boulevard, the Coyote Creek maintenance locked and tagged out. The circuit must Room 2349, Arlington, Virginia 22209. supervisor, and the contractor’s remain deenergized until the condition All visitors must first stop at the representative, if present, will be a is corrected. The ground fault and receptionist desk on the 21st Floor to dedicated channel on the company’s ground check circuits will be reinstalled sign-in. two-way radio. prior to reenergizing and testing the FOR FURTHER INFORMATION CONTACT: (6) An MSHA qualified electrician machine. Once circuits have been tested Roslyn B. Fontaine, Office of Standards, will complete an examination of all and no adverse conditions are present, Regulations, and Variances at 202–693– electrical components that will be the boom raising/lowering procedure, as 9475 (Voice), fontaine.roslyn@dol.gov energized. The examination will be outlined above, will be resumed. (Email), or 202–693–9441 (Telefax), or done within two hours prior to the (10) During the construction/ Barbara Barron at 202–693–9447 boom raising/lowering process. A record maintenance procedure, persons cannot (Voice), barron.barbara@dol.gov of this examination will be made get on or off the dragline while the (Email), or 202–693–9441 (Telefax). available to interested parties. The ground check ground fault circuits are [These are not toll-free numbers]. machine will be deenergized to perform disabled unless the circuit is SUPPLEMENTARY INFORMATION: this examination. deenergized, locked and tagged out as (7) After the examination is verified by the MSHA qualified I. Introduction mstockstill on DSK4VPTVN1PROD with NOTICES completed, the electrical components electrician at the substation. Under section 101 of the Federal Mine necessary to complete the boom raising/ (11) After the boom raising/lowering Safety and Health Act of 1977, a mine lowering process will be energized to is completed, the MSHA qualified operator may petition and the Secretary assure they are operating properly as electrician at the substation will restore of Labor (Secretary) may modify the determined by an MSHA qualified all the protective devices to their normal application of a mandatory safety electrician. When completed, the state. When this has been completed, standard to that mine if the Secretary machine will be deenergized and locked the MSHA qualified electrician at the determines that: (1) An alternative out. substation will notify the dragline that method exists that will guarantee no VerDate Sep<11>2014 17:01 Apr 29, 2015 Jkt 235001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\30APN1.SGM 30APN1

Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices 24287 less protection for the miners affected U.S.C. 552b), hereby gives notice of the Tuesday, May 5, 2015 than that provided by the standard; or scheduling of meetings for the Committee on Audit & Oversight (AO) (2) that the application of the standard transaction of National Science Board will result in a diminution of safety to business, as follows: Open Session: 8:05–9:05 a.m. the affected miners. AGENCY: National Science Board, NSF. • Approval of February 2015 open MSHA bases the final decision on the DATE AND TIME: May 5, 2015 from 8:00 meeting minutes petitioner’s statements, any comments and information submitted by interested a.m. to 3:45 p.m. and May 6, 2015 from • Committee Chairman’s opening persons, and a field investigation of the 8:00 a.m. to 3:00 p.m. (EDT). remarks conditions at the mine. In some PLACE: These meetings will be held at • Approval of OIG Semiannual Report instances, MSHA may approve a the National Science Foundation, 4201 materials petition for modification on the Wilson Blvd., Rooms 1235, Arlington, • NSF FY 2014 Merit Review Report condition that the mine operator VA 22230. All visitors must contact the • Inspector General’s update, including complies with other requirements noted Board Office (call 703–292–7000 or send FY 2015 Financial Statement audit in the decision. an email message to plans nationalsciencebrd@nsf.gov) at least 24 • Chief Financial Officer’s update II. Granted Petitions for Modification hours prior to the meeting and provide • Committee Chairman’s closing On the basis of the findings of name and organizational affiliation. remarks MSHA’s investigation, and as designee Visitors must report to the NSF visitor of the Secretary, MSHA has granted or Audit and Oversight Committee desk located in the lobby at the 9th and partially granted the following petitions N. Stuart Streets entrance to receive a Closed Session: 9:05–9:35 a.m. for modification: visitor’s badge. • Docket Number: M–2014–026–C. • Approval of February 2015 closed WEBCAST INFORMATION: Public meetings meeting minutes FR Notice: 79 FR 48256 (8/15/2014). and public portions of meetings will be • Committee Chairman’s opening Petitioner: Covol Fuels No. 3, LLC, webcast. To view the meetings, go to remarks 10156 US Hwy 25 E, Pineville, http://www.nsf.gov/nsb/notices/ and • Discussion of two-month grantee Kentucky 40977. follow the instructions. salary policy Mine: Crockett, MSHA I.D. No. 15– 12682, located in Bell County, UPDATES: Please refer to the National • Chairman’s closing remarks Kentucky; Coarse Coal Refuse Fill #5, Science Board Web site for additional information. Meeting information and Committee on Strategy and Budget Site I.D. No. KY07–12682–05. (CSB) Regulation Affected: 30 CFR 77.214(a) schedule updates (time, place, subject (Refuse piles; general). matter or status of meeting) may be Closed Session: 9:35–10:20 a.m. • Docket Number: M–2014–031–C. found at http://www.nsf.gov/nsb/ notices/. • Committee Chairman’s remarks FR Notice: 79 FR 64623 (10/30/2014). • Approval of CSB closed minutes for Petitioner: Sunrise Coal LLC, 12661 AGENCY CONTACT: Jennie L. Moehlmann, the February 2015 meeting and March Agricare Road, Oaktown, Indiana 47561. jmoehlma@nsf.gov, (703) 292–7000. 2015 teleconference Mine: Oaktown Fuels Mine No. 1, PUBLIC AFFAIRS CONTACT: Nadine Lymn, • NSF FY 2017 budget development MSHA I.D. No. 12–02394, located in nlymn@nsf.gov, (703) 292–2490. • Performance Improvement Officer Knox County, Indiana. STATUS: Portions open; portions closed. update on FY 2015–2017 strategic Regulation Affected: 30 CFR 75.1700 reviews (Oil and gas wells). Open Sessions • Docket Number: M–2014–032–C. Committee on Strategy and Budget May 5, 2015 (CSB) FR Notice: 79 FR 64623 (10/30/2014). Petitioner: Sunrise Coal LLC, 12661 8:00–8:05 a.m. (Chairman’s Open Session: 10:30–10:45 a.m. Agricare Road, Oaktown, Indiana 47561. introduction) Mine: Oaktown Fuels Mine No. 2, 8:05–9:05 a.m. (AO) • Approval of CSB open minutes for MSHA I.D. No. 12–02418, located in February 2015 meeting and open joint 10:30–10:45 a.m. (CSB) Knox County, Indiana. CPP/CSB minutes for February 2015 10:45–11:15 a.m. (CPP) • NSF FY 2016 budget update Regulation Affected: 30 CFR 75.1700 (Oil and gas wells). 11:15–11:55 a.m. (Plenary) Committee on Programs and Plans Dated: April 27, 2015. May 6, 2015 (CPP) Sheila McConnell, 10:45–11:25 a.m. (Plenary) Open Session: 10:45–11:15 a.m. Acting Director, Office of Standards, 12:30–1:15 p.m. (Plenary) Regulations, and Variances. • Approval of open minutes of the 1:15–3:00 p.m. (SEI) [FR Doc. 2015–10092 Filed 4–29–15; 8:45 am] February 2015 meeting BILLING CODE 4510–43–P Closed Sessions • Committee Chairman’s remarks May 5, 2015 • Information item: Cornell High Energy Synchrotron Source (CHESS) NATIONAL SCIENCE FOUNDATION 9:05–9:35 a.m. (AO) • Information item: Advanced LIGO mstockstill on DSK4VPTVN1PROD with NOTICES 9:35–10:20 a.m. (CSB) Sunshine Act Meeting Plenary Board Meeting 1:00–3:45 p.m. (CPP) Open Session: 11:15–11:35 a.m. The National Science Board, pursuant May 6, 2015 to NSF regulations (45 CFR part 614), • Presentation by the President of NSB’s the National Science Foundation Act, as 8:00–8:30 a.m. (Plenary executive) 2015 Public Service Award recipient, amended (42 U.S.C. 1862n–5), and the 8:30–10:30 a.m. (Plenary) the American Museum of Natural Government in the Sunshine Act (5 MATTERS TO BE DISCUSSED: History VerDate Sep<11>2014 17:01 Apr 29, 2015 Jkt 235001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\30APN1.SGM 30APN1


Document Created: 2018-02-21 10:14:44
Document Modified: 2018-02-21 10:14:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactRoslyn B. Fontaine, Office of Standards, Regulations, and Variances at 202-693-9475 (Voice), [email protected] (Email), or 202-693-9441 (Telefax), or Barbara Barron at 202-693-9447 (Voice), [email protected] (Email), or 202- 693-9441 (Telefax). [These are not toll-free numbers].
FR Citation80 FR 24286 
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