80 FR 42548 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range		42548-42549
FR Document		2015-17540

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 137 (Friday, July 17, 2015)

[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42548-42549]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17540]


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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.

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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 August 17, 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, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting 
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 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-2015-013-C.
    Petitioner: Emerald Processing, LLC, 1144 Market Street, Suite 400, 
Wheeling, West Virginia 26003.
    Mine: Peerless Rachel Mine, MSHA I.D. No. 46-09258, located in 
Boone County, West Virginia.
    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, which requires service brakes that act on each wheel 
of the vehicle, to permit the use of a Getman diesel grader

[[Page 42549]]

to be operated underground with only rear wheel brakes. The petitioner 
states that:
    (1) The diesel grader will be limited to a maximum speed of 10 
miles per hour by physically blocking the higher gear ratios that 
provide for speeds exceeding 10 miles per hour.
    (2) The miners that operate the grader will be trained to recognize 
the gear blocking device and its proper application and requirements.
    (3) The miners that operate the grader will be trained to drop the 
grader blade in emergencies to provide additional stopping capability.
    (4) Limiting the grader to low speeds, coupled with the 
availability of the grader blade for stopping in emergencies, will 
provide the appropriate stopping ability. The rear wheel brakes will be 
maintained in proper working condition at all times.
    (5) The Getman diesel grader will meet all other applicable 
requirements of the Federal Mine Safety and Health Act of 1977 and 
MSHA's regulations.
    (6) This petition is limited to the Getman diesel grader serial 
number 6732.
    (7) Within 60 days after this petition becomes final, the 
petitioner will submit proposed revisions for their approved 30 CFR 
part 48 training plan to the District Manager. These revisions will 
specify initial and refresher training consistent with the terms and 
conditions stated in the petition.

    Docket Number: M-2015-014-C.
    Petitioner: XMV, Inc., 640 Clover Dew Dairy Road, Princeton, West 
Virginia 24740.
    Mine: Mine No. 40, MSHA I.D. No. 46-09298, located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit, upon abandonment of the XMV Mine No. 40, 
completion of the following as an alternative method to the standard:
    (1) The Army Corps of Engineers has documented that the existing 
groundwater table is only present below the proposed Pocahontas No. 9 
Seam mine portals at the level of the Pocahontas No. 3 Seam mine void. 
This is due to extensive mining of the Pocahontas No. 3 Seam, which has 
fractured the overlying strata. The Pocahontas No. 3 Seam is  300 feet below the Pocahontas No. 9 Seam. Based upon the site-
specific data provided, the petitioner proposes to seal the five up-dip 
mine entries with a concrete block seal and fill the remaining area 
between the mine seal and the surface with the most impervious and 
noncombustible material available. Entry No. 1 will be equipped with a 
``wet'' seal that will extrude from the block seal outward to the edge 
of the Pocahontas No. 9 Seam mine bench and entries Nos. 2, 3, 4 and 5 
will be constructed as ``dry'' seals. Although the possibility of 
impounding water in the mine void is unlikely because the refuse area 
will be up-dip of the abandoned mine and above the Pocahontas No. 3 
Seam, a wet seal will be used as a preventive measure.
    (2) To minimize the possibility of ignition and burning, in 
addition to placing the most impervious and noncombustible material 
within limits of the concrete seals and the surface, the most 
impervious and noncombustible material will be used to encapsulate the 
exposed coal seam along the existing highwall with a minimum of 4 feet 
of cover.
    (3) Once the coal seam and mine entries are sealed and 
encapsulated, the placement of dry, screened refuse material from the 
underlying XMV Mine No. 42--Pocahontas No. 6 Seam mine will be used to 
backfill and eliminate the existing highwall.
    The petitioner asserts that as indicated in the information and 
designs provided, the encapsulation of the entire coal seam, the 
location of the proposed refuse area up-dip of the underground mine 
void, and the absence of any groundwater discharge, the proposed plan 
limits the potential for burning of the coal seam or impounding water 
within the mine void and will provide no less than the same measure of 
protection or greater than that afforded by the standard.

     Dated: July 13, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-17540 Filed 7-16-15; 8:45 am]
 BILLING CODE 4510-43-P

42548 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

description of any hazardous condition Records of Preshift and Onshift 2. Facsimile: 202–693–9441.
found and the corrective action taken to Inspections of Slope and Shaft Areas of 3. Regular Mail or Hand Delivery:
abate it. The record is necessary to Slope and Shaft Sinking Operations at MSHA, Office of Standards,
ensure that the inspections and tests are Coal Mines. MSHA has updated the data Regulations, and Variances, 201 12th
conducted in a timely fashion and that with respect to the number of Street South, Suite 4E401, Arlington,
corrective action is taken when respondents, responses, burden hours, Virginia 22202–5452, Attention: Sheila
hazardous conditions are identified, and burden costs supporting this McConnell, Acting Director, Office of
thereby ensuring a safe working information collection request. Standards, Regulations, and Variances.
environment for the slope and shaft Type of Review: Extension, without Persons delivering documents are
sinking employees. The record is change, of a currently approved required to check in at the receptionist’s
maintained at the mine site for the collection. desk in Suite 4E401. Individuals may
duration of the operation. Agency: Mine Safety and Health inspect copies of the petitions and
Administration. comments during normal business
II. Desired Focus of Comments OMB Number: 1219–0082. hours at the address listed above.
MSHA is soliciting comments Affected Public: Business or other for- MSHA will consider only comments
concerning the proposed information profit. postmarked by the U.S. Postal Service or
collection related to Records of Preshift Number of Respondents: 19. proof of delivery from another delivery
and Onshift Inspections of Slope and Frequency: On occasion. service such as UPS or Federal Express
Shaft Areas of Slope and Shaft Sinking Number of Responses: 8,360. on or before the deadline for comments.
Operations at Coal Mines. MSHA is Annual Burden Hours: 10,450 hours.
Annual Respondent or Recordkeeper FOR FURTHER INFORMATION CONTACT:
particularly interested in comments Barbara Barron, Office of Standards,
that: Cost: $0.
Comments submitted in response to Regulations, and Variances at 202–693–
• Evaluate whether the collection of 9447 (Voice), barron.barbara@dol.gov
information is necessary for the proper this notice will be summarized and
included in the request for Office of (Email), or 202–693–9441 (Facsimile).
performance of the functions of the [These are not toll-free numbers.]
agency, including whether the Management and Budget approval of the
information has practical utility; information collection request; they will SUPPLEMENTARY INFORMATION:
• Evaluate the accuracy of MSHA’s also become a matter of public record.
I. Background
estimate of the burden of the collection Dated: July 13, 2015.
of information, including the validity of Section 101(c) of the Federal Mine
Sheila McConnell,
the methodology and assumptions used; Safety and Health Act of 1977 (Mine
Certifying Officer. Act) allows the mine operator or
• Suggest methods to enhance the [FR Doc. 2015–17542 Filed 7–16–15; 8:45 am]
quality, utility, and clarity of the representative of miners to file a
information to be collected; and
BILLING CODE 4510–43–P petition to modify the application of any
• Minimize the burden of the mandatory safety standard to a coal or
collection of information on those who other mine if the Secretary of Labor
DEPARTMENT OF LABOR determines that:
are to respond, including through the
use of appropriate automated, 1. An alternative method of achieving
Mine Safety and Health Administration
electronic, mechanical, or other the result of such standard exists which
technological collection techniques or Petitions for Modification of will at all times guarantee no less than
other forms of information technology, Application of Existing Mandatory the same measure of protection afforded
e.g., permitting electronic submission of Safety Standards the miners of such mine by such
responses. standard; or
The information collection request AGENCY: Mine Safety and Health 2. That the application of such
will be available on http:// Administration, Labor. standard to such mine will result in a
www.regulations.gov. MSHA cautions ACTION: Notice. diminution of safety to the miners in
the commenter against providing any such mine.
SUMMARY: Section 101(c) of the Federal In addition, the regulations at 30 CFR
information in the submission that
Mine Safety and Health Act of 1977 and 44.10 and 44.11 establish the
should not be publicly disclosed. Full
Title 30 of the Code of Federal requirements and procedures for filing
comments, including personal
Regulations, 30 CFR part 44, govern the petitions for modification.
information provided, will be made
application, processing, and disposition
available on www.regulations.gov and II. Petitions for Modification
of petitions for modification. This notice
www.reginfo.gov.
is a summary of petitions for Docket Number: M–2015–013–C.
The public may also examine publicly
modification submitted to the Mine Petitioner: Emerald Processing, LLC,
available documents at USDOL-Mine
Safety and Health Administration 1144 Market Street, Suite 400,
Safety and Health Administration, 201
(MSHA) by the parties listed below. Wheeling, West Virginia 26003.
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at DATES: All comments on the petitions Mine: Peerless Rachel Mine, MSHA
the receptionist’s desk on the 4th floor must be received by the Office of I.D. No. 46–09258, located in Boone
via the East elevator. Standards, Regulations, and Variances County, West Virginia.
Questions about the information on or before August 17, 2015. Regulation Affected: 30 CFR
ADDRESSES: You may submit your 75.1909(b)(6) (Nonpermissible diesel-
srobinson on DSK5SPTVN1PROD with NOTICES

collection requirements may be directed
to the person listed in the FOR FURTHER comments, identified by ‘‘docket powered equipment; design and
INFORMATION CONTACT section of this number’’ on the subject line, by any of performance requirements).
notice. the following methods: Modification Request: The petitioner
1. Electronic Mail: zzMSHA- requests a modification of the existing
III. Current Actions comments@dol.gov. Include the docket standard, which requires service brakes
This request for collection of number of the petition in the subject that act on each wheel of the vehicle, to
information contains provisions for line of the message. permit the use of a Getman diesel grader

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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices 42549

to be operated underground with only remaining area between the mine seal conducts a pre-clearance consultation
rear wheel brakes. The petitioner states and the surface with the most program to provide the general public
that: impervious and noncombustible and Federal agencies with an
(1) The diesel grader will be limited material available. Entry No. 1 will be opportunity to comment on proposed
to a maximum speed of 10 miles per equipped with a ‘‘wet’’ seal that will collections of information in accordance
hour by physically blocking the higher extrude from the block seal outward to with the Paperwork Reduction Act of
gear ratios that provide for speeds the edge of the Pocahontas No. 9 Seam 1995, 44 U.S.C. 3506(c)(2)(A). This
exceeding 10 miles per hour. mine bench and entries Nos. 2, 3, 4 and program helps to assure that requested
(2) The miners that operate the grader 5 will be constructed as ‘‘dry’’ seals. data can be provided in the desired
will be trained to recognize the gear Although the possibility of impounding format, reporting burden (time and
blocking device and its proper water in the mine void is unlikely financial resources) is minimized,
application and requirements. because the refuse area will be up-dip collection instruments are clearly
(3) The miners that operate the grader of the abandoned mine and above the understood, and the impact of collection
will be trained to drop the grader blade Pocahontas No. 3 Seam, a wet seal will requirements on respondents can be
in emergencies to provide additional be used as a preventive measure. properly assessed. Currently, the Mine
stopping capability. (2) To minimize the possibility of Safety and Health Administration
(4) Limiting the grader to low speeds, ignition and burning, in addition to (MSHA) is soliciting comments on the
coupled with the availability of the placing the most impervious and information collection for Petitions for
grader blade for stopping in noncombustible material within limits Modification of Mandatory Safety
emergencies, will provide the of the concrete seals and the surface, the Standards.
appropriate stopping ability. The rear most impervious and noncombustible
DATES: All comments must be received
wheel brakes will be maintained in material will be used to encapsulate the
on or before September 15, 2015.
proper working condition at all times. exposed coal seam along the existing
highwall with a minimum of 4 feet of ADDRESSES: Comments concerning the
(5) The Getman diesel grader will information collection requirements of
meet all other applicable requirements cover.
(3) Once the coal seam and mine this notice may be sent by any of the
of the Federal Mine Safety and Health methods listed below.
Act of 1977 and MSHA’s regulations. entries are sealed and encapsulated, the
placement of dry, screened refuse • Federal E-Rulemaking Portal:
(6) This petition is limited to the http://www.regulations.gov. Follow the
Getman diesel grader serial number material from the underlying XMV Mine
No. 42—Pocahontas No. 6 Seam mine on-line instructions for submitting
6732. comments for docket number MSHA–
(7) Within 60 days after this petition will be used to backfill and eliminate
the existing highwall. 2015–0016.
becomes final, the petitioner will submit • Regular Mail: Send comments to
proposed revisions for their approved The petitioner asserts that as
indicated in the information and USDOL–MSHA, Office of Standards,
30 CFR part 48 training plan to the Regulations, and Variances, 201 12th
District Manager. These revisions will designs provided, the encapsulation of
the entire coal seam, the location of the Street South, Suite 4E401, Arlington,
specify initial and refresher training VA 22202–5452.
proposed refuse area up-dip of the
consistent with the terms and
underground mine void, and the • Hand Delivery: USDOL-Mine Safety
conditions stated in the petition. and Health Administration, 201 12th
absence of any groundwater discharge,
Docket Number: M–2015–014–C. the proposed plan limits the potential Street South, Suite 4E401, Arlington,
Petitioner: XMV, Inc., 640 Clover Dew for burning of the coal seam or VA 22202–5452. Sign in at the
Dairy Road, Princeton, West Virginia impounding water within the mine void receptionist’s desk on the 4th floor via
24740. and will provide no less than the same the East elevator.
Mine: Mine No. 40, MSHA I.D. No. measure of protection or greater than FOR FURTHER INFORMATION CONTACT:
46–09298, located in McDowell County, that afforded by the standard. Sheila McConnell, Acting Director,
West Virginia. Office of Standards, Regulations, and
Regulation Affected: 30 CFR 77.214(a) Dated: July 13, 2015. Variances, MSHA, at
(Refuse piles; general). Sheila McConnell, MSHA.information.collections@dol.gov
Modification Request: The petitioner Acting Director, Office of Standards, (email); 202–693–9440 (voice); or 202–
requests a modification of the existing Regulations, and Variances. 693–9441 (facsimile).
standard to permit, upon abandonment [FR Doc. 2015–17540 Filed 7–16–15; 8:45 am]
SUPPLEMENTARY INFORMATION:
of the XMV Mine No. 40, completion of BILLING CODE 4510–43–P
the following as an alternative method I. Background
to the standard: Section 101(c) of the Federal Mine
(1) The Army Corps of Engineers has DEPARTMENT OF LABOR Safety and Health Act of 1977 (Mine
documented that the existing Act), 30 U.S.C. Section 811(c), provides
Mine Safety and Health Administration
groundwater table is only present below that a mine operator or a representative
the proposed Pocahontas No. 9 Seam [OMB Control No. 1219–0065] of miners may petition the Secretary of
mine portals at the level of the Labor (Secretary) to modify the
Pocahontas No. 3 Seam mine void. This Proposed Extension of Information application of a mandatory safety
is due to extensive mining of the Collection; Petitions for Modification of standard. A petition for modification
Pocahontas No. 3 Seam, which has Mandatory Safety Standards may be granted if the Secretary
srobinson on DSK5SPTVN1PROD with NOTICES

fractured the overlying strata. The AGENCY: Mine Safety and Health determines (1) that an alternative
Pocahontas No. 3 Seam is ± 300 feet Administration, Labor. method of achieving the results of the
below the Pocahontas No. 9 Seam. ACTION: Request for public comments. standard exists and that it will
Based upon the site-specific data guarantee, at all times, no less than the
provided, the petitioner proposes to seal SUMMARY: The Department of Labor, as same measure of protection for the
the five up-dip mine entries with a part of its continuing effort to reduce miners affected as that afforded by the
concrete block seal and fill the paperwork and respondent burden, standard, or (2) that the application of

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Document Created: 2018-02-23 09:20:59
Document Modified: 2018-02-23 09:20:59

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 August 17, 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 42548

80 FR 42548 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 80, Issue 137 (July 17, 2015)

DEPARTMENT OF LABOR
Mine Safety and Health Administration