80_FR_28107 80 FR 28013 - Petitions for Modification of Application of Existing Mandatory Safety Standards

80 FR 28013 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 94 (May 15, 2015)

Page Range28013-28014
FR Document2015-11713

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 94 (Friday, May 15, 2015)
[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Notices]
[Pages 28013-28014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11713]


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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 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 June 15, 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 Number: M-2015-011-C.
    Petitioner: GCC Energy, LLC, 6473 County Road 120, Hesperus, 
Colorado 81326.
    Mine: King II Mine, MSHA I.D. No. 05-04864, located in La Plata 
County, Colorado.
    Regulation Affected: 30 CFR 77.1403 (Daily examination of hoisting 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard that requires examinations of hoists and elevators as 
it applies to a new limited use/limited application wheelchair lift 
elevator system. The petitioner states that:
    1. This wheelchair lift will not carry miners into the mine on 
regularly scheduled shifts.
    2. The wheelchair lift is located on the South end of our two-story 
bathhouse next to the stairs accessing the second floor where 
Engineering and Superintendent offices are located. GCC Energy LLC is 
in a new building located on the surface area of an underground mine 
site. A new two-stop limited use/limited application elevator system 
has been installed. The purpose and intent of the hoist is for handicap 
access to the offices on the second floor of the bathhouse.
    3. The wheelchair lift is installed and designed to comply with the 
Americans with Disabilities Act.
    4. Title 30 CFR 77.1403 requires daily examinations of hoists and 
elevators, and 30 CFR 77.1404 requires that the person making the 
examination certify that the examination has been made. The records are 
to be kept for one year.
    5. The Colorado Department of Labor and Employment, Division of Oil 
and Public Safety (OPS), Conveyance Program protects the riding public 
and industry personnel in the State of Colorado from the hazards of 
dangerous conveyances. To achieve this mission, the OPS requires the 
following:
    (a) That all elevators, escalators, dumbwaiters, wheelchair lifts, 
APM and other regulated conveyances located in Colorado be registered 
with OPS.
    (b) The installation, alteration, maintenance, testing, and annual 
inspection of regulated conveyances be completed according to the 
Colorado conveyance regulations, industry code and standard adopted in 
statute and regulation.
    (c) That all conveyance contractors, mechanics, and inspectors 
maintain a current license issued by OPS and that the installation, 
alteration, maintenance, and examinations of regulated conveyances are 
completed by licensed and qualified personnel.
    6. The petitioner states that GCC Energy does not employ a licensed 
OPS inspector. Accordingly, GCC seeks relief from the requirements of 
daily examination and recordkeeping of hoisting equipment. GCC Energy 
changes light bulbs in the cabin and records the phase 1 fire tests 
done monthly in the cabin. The control panel or inspection covers are 
not opened by GCC, and GCC does not perform any service or maintenance 
on the lift. Every five years a witness test with a licensed mechanic 
must be performed.
    7. The elevator is a wheelchair lift with a single hydraulic 
cylinder traveling approximately 12 feet, not to exceed 30 feet per 
minute, that is roped so as not to allow over-extension. The cabin is 
attached to the cylinder. There are no wire ropes, sheave wheels, 
sheaves, or thimbles that must be examined daily for wear, and no 
damaged or worn bearings or broken wires.
    8. GCC Energy, LLC is petitioning to allow the licensed inspectors 
to do the examinations and the licensed mechanics to do all repairs.
    The petitioner asserts that the proposed alternative method will

[[Page 28014]]

increase the safety of the miners and afford them no less than the same 
level of protection as the existing standard.
    Docket Number: M-2015-012-C.
    Petitioner: Peabody Midwest Mining, LLC, P.O. Box 369, 
Coulterville, Illinois.
    Mine: Gateway North Mine, MSHA I.D. No. 11-03235, located in 
Randolph County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a Getman Road Builder as it was 
originally designed, without front brakes. The petitioner states that:
    (1) The existing standard for self-propelled nonpermissible diesel-
powered equipment does not address equipment with more than four 
wheels, specifically the Getman RDG-1504S Road Builder with six wheels. 
This machine has dual brake systems on the four rear wheels and it is 
designed to prevent a loss of braking due to a single component 
failure.
    (2) The speed of the machine will be limited to 10 miles per hour 
by permanently blocking out any gear that would provide higher speed, 
or transmission and differential ratios that would limit the maximum 
speed to 10 miles per hour will be used.
    (3) The grader operators will be trained to recognize appropriate 
speeds for different road conditions and slopes.
    (4) The grader operators will be trained to lower the grader blade 
to provide additional stopping capability.
    (5) The petitioner proposes to transfer the RDG-1540S Road Builder, 
serial number 6739, from the Gateway Mine that will be closing, to the 
New Gateway North Mine.
    The petitioner asserts that if the machine is operated as described 
in the petition, the safety of the miners will not be compromised.

    Dated: May 11, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-11713 Filed 5-14-15; 8:45 am]
 BILLING CODE 4510-43-P



                                                                                   Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Notices                                            28013

                                                    Total Burden Cost (capital/startup):                    MSHA will consider only comments                    of the hoist is for handicap access to the
                                                  $0.                                                     postmarked by the U.S. Postal Service or              offices on the second floor of the
                                                    Total Burden Cost (operating/                         proof of delivery from another delivery               bathhouse.
                                                  maintenance): $0.                                       service such as UPS or Federal Express                   3. The wheelchair lift is installed and
                                                    Comments submitted in response to                     on or before the deadline for comments.               designed to comply with the Americans
                                                  this notice will be summarized and/or                   FOR FURTHER INFORMATION CONTACT:                      with Disabilities Act.
                                                  included in the request for Office of                   Barbara Barron, Office of Standards,                     4. Title 30 CFR 77.1403 requires daily
                                                  Management and Budget approval of the                   Regulations, and Variances at 202–693–                examinations of hoists and elevators,
                                                  information collection request; they also               9447 (Voice), barron.barbara@dol.gov                  and 30 CFR 77.1404 requires that the
                                                  will become a matter of public record.                  (Email), or 202–693–9441 (Facsimile).                 person making the examination certify
                                                                                                          [These are not toll-free numbers.]                    that the examination has been made.
                                                    Signed at Washington, DC, this 12th day of
                                                  May 2015.
                                                                                                                                                                The records are to be kept for one year.
                                                                                                          SUPPLEMENTARY INFORMATION:                               5. The Colorado Department of Labor
                                                  Kimberly D. Hill,                                                                                             and Employment, Division of Oil and
                                                                                                          I. Background
                                                  Chief, Division of Management Systems,                                                                        Public Safety (OPS), Conveyance
                                                  Bureau of Labor Statistics.                               Section 101(c) of the Federal Mine
                                                                                                                                                                Program protects the riding public and
                                                  [FR Doc. 2015–11737 Filed 5–14–15; 8:45 am]             Safety and Health Act of 1977 (Mine
                                                                                                                                                                industry personnel in the State of
                                                                                                          Act) allows the mine operator or
                                                  BILLING CODE 4510–24–P                                                                                        Colorado from the hazards of dangerous
                                                                                                          representative of miners to file a
                                                                                                                                                                conveyances. To achieve this mission,
                                                                                                          petition to modify the application of any
                                                                                                                                                                the OPS requires the following:
                                                  DEPARTMENT OF LABOR                                     mandatory safety standard to a coal or                   (a) That all elevators, escalators,
                                                                                                          other mine if the Secretary of Labor                  dumbwaiters, wheelchair lifts, APM and
                                                  Mine Safety and Health Administration                   determines that:                                      other regulated conveyances located in
                                                                                                            1. An alternative method of achieving               Colorado be registered with OPS.
                                                  Petitions for Modification of                           the result of such standard exists which
                                                  Application of Existing Mandatory                                                                                (b) The installation, alteration,
                                                                                                          will at all times guarantee no less than              maintenance, testing, and annual
                                                  Safety Standards                                        the same measure of protection afforded               inspection of regulated conveyances be
                                                  AGENCY: Mine Safety and Health                          the miners of such mine by such                       completed according to the Colorado
                                                  Administration, Labor.                                  standard; or                                          conveyance regulations, industry code
                                                                                                            2. That the application of such                     and standard adopted in statute and
                                                  ACTION: Notice.
                                                                                                          standard to such mine will result in a                regulation.
                                                  SUMMARY:    Section 101(c) of the Federal               diminution of safety to the miners in                    (c) That all conveyance contractors,
                                                  Mine Safety and Health Act of 1977 and                  such mine.                                            mechanics, and inspectors maintain a
                                                  Title 30 of the Code of Federal                           In addition, the regulations at 30 CFR              current license issued by OPS and that
                                                  Regulations, 30 CFR part 44, govern the                 44.10 and 44.11 establish the                         the installation, alteration, maintenance,
                                                  application, processing, and disposition                requirements and procedures for filing                and examinations of regulated
                                                  of petitions for modification. This notice              petitions for modification.                           conveyances are completed by licensed
                                                  is a summary of petitions for                           II. Petitions for Modification                        and qualified personnel.
                                                  modification submitted to the Mine                                                                               6. The petitioner states that GCC
                                                  Safety and Health Administration                          Docket Number: M–2015–011–C.                        Energy does not employ a licensed OPS
                                                  (MSHA) by the parties listed below.                       Petitioner: GCC Energy, LLC, 6473                   inspector. Accordingly, GCC seeks relief
                                                                                                          County Road 120, Hesperus, Colorado                   from the requirements of daily
                                                  DATES: All comments on the petitions                    81326.
                                                  must be received by the Office of                                                                             examination and recordkeeping of
                                                                                                            Mine: King II Mine, MSHA I.D. No.                   hoisting equipment. GCC Energy
                                                  Standards, Regulations, and Variances                   05–04864, located in La Plata County,
                                                  on or before June 15, 2015.                                                                                   changes light bulbs in the cabin and
                                                                                                          Colorado.                                             records the phase 1 fire tests done
                                                  ADDRESSES: You may submit your                            Regulation Affected: 30 CFR 77.1403                 monthly in the cabin. The control panel
                                                  comments, identified by ‘‘docket                        (Daily examination of hoisting                        or inspection covers are not opened by
                                                  number’’ on the subject line, by any of                 equipment).                                           GCC, and GCC does not perform any
                                                  the following methods:                                    Modification Request: The petitioner                service or maintenance on the lift. Every
                                                     1. Electronic Mail: zzMSHA-                          requests a modification of the existing               five years a witness test with a licensed
                                                  comments@dol.gov. Include the docket                    standard that requires examinations of                mechanic must be performed.
                                                  number of the petition in the subject                   hoists and elevators as it applies to a                  7. The elevator is a wheelchair lift
                                                  line of the message.                                    new limited use/limited application                   with a single hydraulic cylinder
                                                     2. Facsimile: 202–693–9441.                          wheelchair lift elevator system. The                  traveling approximately 12 feet, not to
                                                     3. Regular Mail or Hand Delivery:                    petitioner states that:                               exceed 30 feet per minute, that is roped
                                                  MSHA, Office of Standards,                                1. This wheelchair lift will not carry              so as not to allow over-extension. The
                                                  Regulations, and Variances, 1100                        miners into the mine on regularly                     cabin is attached to the cylinder. There
                                                  Wilson Boulevard, Room 2350,                            scheduled shifts.                                     are no wire ropes, sheave wheels,
                                                  Arlington, Virginia 22209–3939,                           2. The wheelchair lift is located on                sheaves, or thimbles that must be
                                                  Attention: Sheila McConnell, Acting                     the South end of our two-story                        examined daily for wear, and no
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                                                  Director, Office of Standards,                          bathhouse next to the stairs accessing                damaged or worn bearings or broken
                                                  Regulations, and Variances. Persons                     the second floor where Engineering and                wires.
                                                  delivering documents are required to                    Superintendent offices are located. GCC                  8. GCC Energy, LLC is petitioning to
                                                  check in at the receptionist’s desk on                  Energy LLC is in a new building located               allow the licensed inspectors to do the
                                                  the 21st floor. Individuals may inspect                 on the surface area of an underground                 examinations and the licensed
                                                  copies of the petitions and comments                    mine site. A new two-stop limited use/                mechanics to do all repairs.
                                                  during normal business hours at the                     limited application elevator system has                  The petitioner asserts that the
                                                  address listed above.                                   been installed. The purpose and intent                proposed alternative method will


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                                                  28014                            Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Notices

                                                  increase the safety of the miners and                   ACTION: Notice of Centennial Challenges               five thousand U.S. dollars). Second
                                                  afford them no less than the same level                 3D Printed Habitat Challenge—Design                   place will receive $15,000 (fifteen
                                                  of protection as the existing standard.                 Competition.                                          thousand U.S. dollars). Third place will
                                                     Docket Number: M–2015–012–C.                                                                               receive $10,000 (ten thousand U.S.
                                                     Petitioner: Peabody Midwest Mining,                  SUMMARY:    This notice is issued in                  dollars). Entries must meet specific
                                                  LLC, P.O. Box 369, Coulterville, Illinois.              accordance with 51 U.S.C. 20144(c). The               requirements detailed in the Rules to be
                                                     Mine: Gateway North Mine, MSHA                       3D Printed (3DP) Habitat Challenge—                   eligible for prize awards.
                                                  I.D. No. 11–03235, located in Randolph                  Design Competition is scheduled and
                                                  County, Illinois.                                       teams that wish to compete may now                    II. Eligibility
                                                     Regulation Affected: 30 CFR                          register. Centennial Challenges is a                     To be eligible to win a prize,
                                                  75.1909(b)(6) (Nonpermissible diesel-                   program of prize competitions to                      competitors must;
                                                  powered equipment; design and                           stimulate innovation in technologies of                  (1) Register and comply with all
                                                  performance requirements).                              interest and value to NASA and the                    requirements in the rules and
                                                     Modification Request: The petitioner                 nation. The 3DP Habitat Challenge is a                competitor agreement;
                                                  requests a modification of the existing                 prize competition designed to encourage                  (2) In the case of a private entity, shall
                                                  standard to permit the use of a Getman                  development of new technologies, or                   be incorporated in and maintain a
                                                  Road Builder as it was originally                       application of existing technologies, in              primary place of business in the United
                                                  designed, without front brakes. The                     unique ways to advance additive                       States, and in the case of an individual,
                                                  petitioner states that:                                 construction systems and to advance                   whether participating singly or in a
                                                     (1) The existing standard for self-                  multi-material usage. NASA is                         group, shall be a citizen or permanent
                                                  propelled nonpermissible diesel-                        providing the prize purse.                            resident of the United States; and
                                                  powered equipment does not address                                                                               (3) Not be a Federal entity or Federal
                                                                                                          DATES: The Design Competition
                                                  equipment with more than four wheels,                                                                         employee acting within the scope of
                                                                                                          registration opens May 16, 2015, and the
                                                  specifically the Getman RDG–1504S                                                                             their employment.
                                                  Road Builder with six wheels. This                      competition will conclude on
                                                  machine has dual brake systems on the                   September 27, 2015.                                   III. Rules
                                                  four rear wheels and it is designed to                  ADDRESSES: The 3DP Habitat
                                                                                                                                                                   The complete rules for the 3DP
                                                  prevent a loss of braking due to a single               Challenge—Design Competition will                     Habitat Challenge—Design Competition
                                                  component failure.                                      initially be conducted virtually via                  can be found at: http://
                                                     (2) The speed of the machine will be                 electronic submissions. After a scored                AmericaMakes.us/Challenge.
                                                  limited to 10 miles per hour by                         down select process, the remaining
                                                  permanently blocking out any gear that                  submissions will compete at the New                   Cheryl Parker,
                                                  would provide higher speed, or                          York City Maker Faire.                                NASA Federal Register Liaison Officer.
                                                  transmission and differential ratios that               FOR FURTHER INFORMATION CONTACT: To                   [FR Doc. 2015–11727 Filed 5–14–15; 8:45 am]
                                                  would limit the maximum speed to 10                     register for or get additional information            BILLING CODE 7510–13–P
                                                  miles per hour will be used.                            regarding the 3D Printed Habitat
                                                     (3) The grader operators will be                     Challenge—Design Competition, please
                                                  trained to recognize appropriate speeds                 visit: http://AmericaMakes.us/                        NATIONAL AERONAUTICS AND
                                                  for different road conditions and slopes.               Challenge.                                            SPACE ADMINISTRATION
                                                     (4) The grader operators will be                        For general information on the NASA                [Notice: (15–031)]
                                                  trained to lower the grader blade to                    Centennial Challenges Program please
                                                  provide additional stopping capability.                 visit: http://www.nasa.gov/challenges.                Notice of Information Collection
                                                     (5) The petitioner proposes to transfer              General questions and comments
                                                  the RDG–1540S Road Builder, serial                      regarding the program should be                       AGENCY: National Aeronautics and
                                                  number 6739, from the Gateway Mine                      addressed to Sam Ortega, Centennial                   Space Administration (NASA).
                                                  that will be closing, to the New Gateway                Challenges Program, NASA Marshall                     ACTION: Notice of information collection.
                                                  North Mine.                                             Space Flight Center Huntsville, AL
                                                     The petitioner asserts that if the                                                                         SUMMARY:   The National Aeronautics and
                                                                                                          35812. Email address: hq-stmd-
                                                  machine is operated as described in the                                                                       Space Administration, as part of its
                                                                                                          centennialchallenges@mail.nasa.gov.
                                                  petition, the safety of the miners will                                                                       continuing effort to reduce paperwork
                                                                                                          SUPPLEMENTARY INFORMATION:                            and respondent burden, invites the
                                                  not be compromised.
                                                    Dated: May 11, 2015.                                  Summary                                               general public and other Federal
                                                                                                                                                                agencies to take this opportunity to
                                                  Sheila McConnell,                                         Competitors will design habitats                    comment on proposed and/or
                                                  Acting Director, Office of Standards,                   making full (better) use of additive                  continuing information collections, as
                                                  Regulations, and Variances.                             construction (manufacturing) processes                required by the Paperwork Reduction
                                                  [FR Doc. 2015–11713 Filed 5–14–15; 8:45 am]             and techniques. Designs will be rated on              Act of 1995 (Pub. L. 104–13, 44 U.S.C.
                                                  BILLING CODE 4510–43–P                                  concept, innovation, documentation,                   3506(c)(2)(A)).
                                                                                                          habitability, constructability,
                                                                                                                                                                DATES: All comments should be
                                                                                                          functionality, energy efficiency, and
                                                                                                          public appeal. Prizes will be awarded                 submitted within 60 calendar days from
                                                  NATIONAL AERONAUTICS AND                                                                                      the date of this publication.
                                                  SPACE ADMINISTRATION                                    for first, second, and third place based
                                                                                                                                                                ADDRESSES: All comments should be
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          on subject matter expert scoring and
                                                  [Notice: 15–039]                                                                                              addressed to Fran Teel, Mail Code
                                                                                                          public voting.
                                                                                                                                                                JF000, National Aeronautics and Space
                                                  Notice of Centennial Challenges 3D                      I. Prize Amounts                                      Administration, Washington, DC 20546–
                                                  Printed Habitat Challenge—Design                                                                              0001 or Frances.C.Teel@NASA.gov.
                                                                                                            The total 3DP Habitat Challenge
                                                  Competition
                                                                                                          Design Competition prize purse is                     FOR FURTHER INFORMATION CONTACT:
                                                  AGENCY:National Aeronautics and                         $50,000 (fifty thousand U.S. dollars).                Requests for additional information or
                                                  Space Administration (NASA).                            First place will receive $25,000 (twenty-             copies of the information collection


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Document Created: 2018-02-21 10:27:18
Document Modified: 2018-02-21 10:27:18
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.
DatesAll comments on the petitions must be received by the Office of Standards, Regulations, and Variances on or before June 15, 2015.
ContactBarbara 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 Citation80 FR 28013 

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