80 FR 56416 - Refuge Alternatives for Underground Coal Mines
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 80, Issue 181 (September 18, 2015)
Mine Safety and Health Administration
Federal Register Volume 80, Issue 181 (September 18, 2015)
| Page Range | 56416-56418 | |
| FR Document | 2015-23448 |
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)] [Proposed Rules] [Pages 56416-56418] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23448] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Mine Safety and Health Administration 30 CFR Parts 7 and 75 [Docket No. MSHA-2013-0033] RIN 1219-AB79 Refuge Alternatives for Underground Coal Mines AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice of public meeting; reopening of record. ----------------------------------------------------------------------- SUMMARY: The Mine Safety and Health Administration (MSHA) will hold a public meeting to gather information on issues and options relevant to miners' escape and refuge. This meeting will supplement the information already received in response to the Agency's Request for Information on Refuge Alternatives for Underground Coal Mines. This meeting provides coal mine operators, coal miners, manufacturers, academia and other interested stakeholders an opportunity to provide information concerning two critical issues: Impediments to the use of built-in- place refuges and enhanced two-way voice communication when using escape breathing devices. This meeting also invites stakeholders to provide input on the current state of refuges in use and recent research and new [[Page 56417]] technology that may lead to the development of a new generation of refuges. MSHA also is reopening the record for public comment. DATES: The public meeting will be held on October 19, 2015. All written submissions or responses for the record, including relevant data and information, must be received by midnight Eastern Standard Time on November 16, 2015. ADDRESSES: The public meeting will be held at MSHA's National Mine Health and Safety Academy, 1301 Airport Road, Beaver, West Virginia 25813-9426. Requests to speak or make a presentation at the meeting may be made to Leah Davis at 202-693-9440 or by one of the following methods:Fax: 202-693-9441. Electronic Mail: [email protected]. Mail: MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia 22202-5452. Instructions: All submissions must include RIN 1219-AB79 or Docket No. MSHA-2013-0033. Do not include personal information that you do not want publicly disclosed; MSHA will post all submissions without change to http://www.regulations.gov, including any personal information provided. For additional instructions for participation in the public meeting, see the SUPPLEMENTARY INFORMATION section of this notice. Docket: For access to the docket to read comments received, go to http://www.regulations.gov or http://www.msha.gov/currentcomments.asp. To read background documents, go to http://www.regulations.gov. Review the docket in person at MSHA, Office of Standards, Regulations, and Variances, 201 12th Street South, Suite 4E401, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m. Monday through Friday, except Federal holidays. Sign in at the receptionist's desk in Suite 4E401. Email Notification: To subscribe to receive an email notification when MSHA publishes rules, program information, instructions, or policy, in the Federal Register, go to http://www.msha.gov/subscriptions/subscribe.aspx. FOR FURTHER INFORMATION CONTACT: Sheila A. McConnell, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email), 202-693-9440 (voice), or 202-693- 9441 (facsimile). These are not toll-free numbers. SUPPLEMENTARY INFORMATION: I. Public Meeting MSHA invites coal mine operators, coal miners, equipment manufacturers, academia, and the public to provide information on the current state of refuge alternatives, particularly on the challenges related to the use of built-in-place refuges, and enhancing voice communication when using escape breathing devices. MSHA especially invites coal miners and operators of small underground coal mines to participate. The information from this meeting will supplement comments to the Agency's Request for Information and research from the National Institute for Occupational Safety and Health (NIOSH). This meeting will focus on four primary issues: Challenges related to built-in-place refuges; miners communicating while using breathing devices during escape; advantages and disadvantages of self-contained breathing apparatus (SCBA) with refill stations as an escape strategy; and the scope and status of new technology or recent research related to the installation and use of built-in-place refuges. The public meeting will be held in the auditorium at MSHA's National Mine Health and Safety Academy on October 19, 2015, beginning with Registration at 1 p.m. and concluding at 5 p.m. or when the last speaker has spoken. The meeting will be conducted in an informal manner. Presenters and attendees may provide written information to the court reporter for inclusion in the rulemaking record. MSHA will make the transcript of the meeting available on www.regulations.gov and on the Agency's Web site at http://www.msha.gov/tscripts.htm and include it in the rulemaking record. II. Background Continued development of refuge equipment and technology is expected to enhance the effectiveness of refuges and improve miners' chances of surviving a mine emergency when escape is impossible. Since the refuge alternatives rule became effective on March 2, 2009, stakeholders have gained experience, and research has led to some technological advancements and innovations. To benefit from this experience and research, on August 8, 2013, MSHA published a Request for Information (RFI) in the Federal Register (78 FR 48593) asking for data, comments, and information on issues and options that may present alternative or even more effective solutions for miners' survival during underground coal mine emergencies than the protections provided by the existing rule. In response to requests, MSHA extended the comment period four times to give interested parties additional time to review research reports from NIOSH and other relevant information and provide substantive comments. The comment period closed on April 2, 2015. III. Questions and Issues for Discussion A. Built-In-Place Refuge Alternatives In its report, ``Facilitating the Use of Built-In-Place Refuge Alternatives in Mines,'' RI 9698, NIOSH makes recommendations on the use of built-in-place shelters, as a type of refuge with a superior environment when compared to tent and steel pre-fabricated structures. The report addresses three issues: (1) Locating built-in-place refuges further from the face than the 1,000-foot limit required under the existing standard; (2) providing a consistent process for the design and approval of refuge stoppings; and (3) delivering a reliable supply of clean, breathable air to a built-in-place refuge. NIOSH recommends allowing operators to locate built-in-place refuges further than 1,000 feet from the face, but only if the refuges: Provide a constant supply of air into the refuge via either a protected compressed air line or a borehole from the surface. Provide a minimum of 85 cubic feet of space per occupant. Maintain the interior of the refuge under positive pressure when not in use to ensure that the refuge contains breathable air immediately on entry and to keep contaminated air from entering the refuge when miners enter. MSHA invites comments and information on the following issues: 1. How would MSHA's acceptance of built-in-place refuges located further from the face and meeting the above criteria affect your decision on whether or not to install a built-in-place refuge? Discuss the relative merits of location versus design and performance. Please comment on the advantages and disadvantages of NIOSH's recommended approach for built-in-place refuges; the feasibility of installing built-in-place shelters in different mine settings; the risks related to a refuge location that is further away from the working face; and the benefits of a built-in-place refuge's environment and performance characteristics. 2. Discuss the advantages and disadvantages of the following methods of providing breathable air in refuges: [[Page 56418]] Using supplied air from the surface versus using air from cylinders stored underground; or delivering surface-supplied air through a borehole directly into a built-in-place refuge versus compressed air lines run through the mine. 3. Discuss options for piping air over several miles through a mine to provide a clean air supply and sufficient air pressure to a built- in-place refuge when a borehole directly into the refuge is unavailable. What issues remain to be addressed for the protection of piping used to provide compressed air to a refuge? 4. What are the risks and benefits to miners' safety, if any, if a constant air supply from the surface is provided to a refuge and exhausted from the refuge into the mine, as opposed to exhausting to the surface? 5. What are the advantages and disadvantages of using SCBAs with refill stations as compared to using SCSRs with caches in escapeways? 6. Discuss and describe new and improved technology for built-in- place refuges' designs. What is the impact of these designs on the cost of built-in-place refuges? For example, would a moveable wall or other modular design make the use of a built-in-place refuge more feasible and economical? B. Miners' Ability To Communicate During Escape Miners' ability to communicate with each other can be critical during mine emergencies. Under existing rules, miners use self- contained self-rescue (SCSR) escape respirators that have a mouthpiece. A self-contained breathing apparatus (SCBA) has a full-face respirator mask. Miners must remove the mouthpiece of an SCSR to speak, or remove the full-face respirator mask of an SCBA to communicate clearly. These actions expose miners to deadly gases in the mine atmosphere. 7. Discuss the challenges associated with providing two-way communication when using escape SCBAs or SCSRs. What technologies, such as voice amplifiers or wireless communication systems, are available for escape SCBAs or SCSRs that can enhance voice communication among miners? 8. Discuss how this technology can be integrated with a mine's two- way post-accident communication system. MSHA will accept written responses, data, and information for the record from any interested party, including those not participating in the public meeting, through November 16, 2015. Joseph A. Main, Assistant Secretary of Labor for Mine Safety and Health. [FR Doc. 2015-23448 Filed 9-17-15; 8:45 am] BILLING CODE 4510-43-P
![56416 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules
is used to determine whether a complex be discussed and the time to be devoted § 1.1441–1 Requirement for the deduction
contract is a section 871(m) transaction. to each topic by December 17, 2015. and withholding of tax on payments to
These proposed regulations also provide Submit a signed paper or electronic foreign persons.
guidance to qualified derivatives copy of the outline as prescribed in this * * * * *
dealers. The text of those temporary preamble under the ADDRESSES heading. (e) * * *
regulations also serves as the text of A period of 10 minutes will be allotted (3) * * *
these proposed regulations. The to each person for making comments. (ii) * * *
preamble to the final and temporary An agenda showing the scheduling of (E) [The text of the proposed
regulations explains the temporary the speakers will be prepared after the amendments to § 1.1441–1(e)(3)(ii)(E) is
regulations and these proposed deadline for receiving outlines has the same as the text of § 1.1441–
regulations. The regulations affect passed. Copies of the agenda will be 1T(e)(3)(ii)(E) published elsewhere in
nonresident alien individuals, foreign available free of charge at the hearing. this issue of the Federal Register.]
corporations, and withholding agents. * * * * *
Drafting Information
Special Analyses (5) [The text of the proposed
The principal authors of these amendments to § 1.1441–1(e)(5) is the
Certain IRS regulations, including this regulations are D. Peter Merkel and same as the text of § 1.1441–1T(e)(5)
one, are exempt from the requirements Karen Walny of the Office of Chief published elsewhere in this issue of the
of Executive Order 12866, as Counsel (International). However, other Federal Register.]
supplemented and reaffirmed by personnel from the Treasury (6) [The text of the proposed
Executive Order 13563. Therefore, a Department and the IRS participated in amendments to § 1.1441–1(e)(6) is the
regulatory impact assessment is not their development. same as the text of § 1.1441–1T(e)(6)
required. It has also been determined
List of Subjects in 26 CFR Part 1 published elsewhere in this issue of the
that section 553(b) of the Administrative
Federal Register.]
Procedure Act (5 U.S.C. chapter 5) does Income taxes, Reporting and
not apply to these regulations, and recordkeeping requirements. John Dalrymple,
because the regulations do not impose a Deputy Commissioner for Services and
collection of information on small Proposed Amendments to the Enforcement.
entities, the Regulatory Flexibility Act Regulations [FR Doc. 2015–21753 Filed 9–17–15; 8:45 am]
(5 U.S.C. chapter 6) does not apply. Accordingly, 26 CFR part 1 is BILLING CODE 4830–01–P
Pursuant to section 7805(f), these proposed to be amended as follows:
regulations have been submitted to the
Chief Counsel for Advocacy of the Small PART 1—INCOME TAXES DEPARTMENT OF LABOR
Business Administration for comment
on its impact on small business. ■ Paragraph 1. The authority citation Mine Safety and Health Administration
for part 1 continues to read in part as
Comments and Public Hearing
follows: 30 CFR Parts 7 and 75
Before these proposed regulations are Authority: 26 U.S.C. 7805 * * *
adopted as final regulations, § 1.871–15 also issued under 26 U.S.C. [Docket No. MSHA–2013–0033]
consideration will be given to any 871(m). * * * RIN 1219–AB79
comments that are submitted timely to
■ Par. 2. Section 1.871–15 is amended
the IRS as prescribed in this preamble Refuge Alternatives for Underground
by revising paragraph (c)(2)(vi) and
under the ADDRESSES heading. The Coal Mines
paragraph (h) to read as follows:
Treasury Department and the IRS
request comments on all aspects of the § 1.871–15 Treatment of dividend AGENCY: Mine Safety and Health
proposed rules. All comments will be equivalents. Administration, Labor.
available at www.regulations.gov or * * * * * ACTION: Notice of public meeting;
upon request. (c) * * * reopening of record.
A public hearing has been scheduled (2) * * *
for January 15, 2016, beginning at 10 SUMMARY: The Mine Safety and Health
(iv) [The text of the proposed
a.m. in the Auditorium of the Internal Administration (MSHA) will hold a
amendments to § 1.871–15(c)(2)(iv) is
Revenue Building, 1111 Constitution public meeting to gather information on
the same as the text of § 1.871–
Avenue NW., Washington, DC. Due to issues and options relevant to miners’
15T(c)(2)(iv) published elsewhere in
building security procedures, visitors escape and refuge. This meeting will
this issue of the Federal Register.]
must enter at the Constitution Avenue supplement the information already
entrance. In addition, all visitors must * * * * * received in response to the Agency’s
present photo identification to enter the (h) [The text of the proposed Request for Information on Refuge
building. Because of access restrictions, amendments to § 1.871–15(h) is the Alternatives for Underground Coal
visitors will not be admitted beyond the same as the text of § 1.871–15T(h) Mines. This meeting provides coal mine
immediate entrance more than 30 published elsewhere in this issue of the operators, coal miners, manufacturers,
minutes before the hearing starts. For Federal Register.] academia and other interested
information about having your name * * * * * stakeholders an opportunity to provide
(q) [The text of the proposed
tkelley on DSK3SPTVN1PROD with PROPOSALS
placed on the building access list to information concerning two critical
attend the hearing, see the FOR FURTHER amendments to § 1.871–15(q) is the issues: Impediments to the use of built-
INFORMATION CONTACT section of this same as the text of § 1.871–15T(q) in-place refuges and enhanced two-way
preamble. published elsewhere in this issue of the voice communication when using
The rules of 26 CFR 601.601(a)(3) Federal Register.] escape breathing devices. This meeting
apply to the hearing. Persons who wish ■ Par. 3. Section 1.1441–1 is amended also invites stakeholders to provide
to present oral comments at the hearing by revising paragraph (e)(3)(vii) and input on the current state of refuges in
must submit an outline of the topics to paragraph (e)(6) to read as follows: use and recent research and new
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![56418 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules
Using supplied air from the surface those not participating in the public 2. Email: R4-ARMS@epa.gov.
versus using air from cylinders stored meeting, through November 16, 2015. 3. Fax: (404) 562–9019.
underground; or delivering surface- Joseph A. Main,
4. Mail: ‘‘EPA–R04–OAR–2014–
supplied air through a borehole directly 0904,’’ Air Regulatory Management
Assistant Secretary of Labor for Mine Safety
into a built-in-place refuge versus and Health.
Section, Air Planning and
compressed air lines run through the Implementation Branch, Air, Pesticides
[FR Doc. 2015–23448 Filed 9–17–15; 8:45 am]
mine. and Toxics Management Division, U.S.
BILLING CODE 4510–43–P
Environmental Protection Agency,
3. Discuss options for piping air over
Region 4, 61 Forsyth Street SW.,
several miles through a mine to provide
Atlanta, Georgia 30303–8960.
a clean air supply and sufficient air ENVIRONMENTAL PROTECTION 5. Hand Delivery or Courier: Lynorae
pressure to a built-in-place refuge when AGENCY Benjamin, Chief, Air Regulatory
a borehole directly into the refuge is
40 CFR Part 52 Management Section, Air Planning and
unavailable. What issues remain to be Implementation Branch, Air, Pesticides
addressed for the protection of piping [EPA–R04–OAR–2014–0904; FRL–9934–26– and Toxics Management Division, U.S.
used to provide compressed air to a Region 4] Environmental Protection Agency,
refuge? Region 4, 61 Forsyth Street SW.,
4. What are the risks and benefits to Air Plan Approval; TN; Reasonably Atlanta, Georgia 30303–8960. Such
miners’ safety, if any, if a constant air Available Control Measures and deliveries are only accepted during the
Redesignation for the TN Portion of the Regional Office’s normal hours of
supply from the surface is provided to
Chattanooga 1997 Annual PM2.5 operation. The Regional Office’s official
a refuge and exhausted from the refuge
Nonattainment Area hours of business are Monday through
into the mine, as opposed to exhausting
to the surface? AGENCY: Environmental Protection Friday, 8:30 a.m. to 4:30 p.m., excluding
Agency. Federal holidays.
5. What are the advantages and
disadvantages of using SCBAs with ACTION: Proposed rule; supplemental. Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2014–
refill stations as compared to using SUMMARY: The Environmental Protection 0904. EPA’s policy is that all comments
SCSRs with caches in escapeways? Agency (EPA) is proposing two separate received will be included in the public
6. Discuss and describe new and but related actions pertaining to the docket without change and may be
improved technology for built-in-place Tennessee portion of the Chattanooga made available online at
refuges’ designs. What is the impact of nonattainment area for the 1997 annual www.regulations.gov, including any
these designs on the cost of built-in- fine particulate matter (PM2.5) national personal information provided, unless
place refuges? For example, would a ambient air quality standards (NAAQS) the comment includes information
moveable wall or other modular design (hereinafter referred to as the claimed to be Confidential Business
make the use of a built-in-place refuge ‘‘Chattanooga TN–GA–AL Area’’ or Information (CBI) or other information
more feasible and economical? ‘‘Area’’). First, EPA is proposing to whose disclosure is restricted by statute.
approve the portion of the attainment Do not submit through
B. Miners’ Ability To Communicate plan state implementation plan (SIP) www.regulations.gov or email,
During Escape revision submitted by the State of information that you consider to be CBI
Tennessee, through the Tennessee or otherwise protected. The
Miners’ ability to communicate with
Department of Environment and www.regulations.gov Web site is an
each other can be critical during mine Conservation (TDEC), on October 15,
emergencies. Under existing rules, ‘‘anonymous access’’ system, which
2009, that addresses reasonably means EPA will not know your identity
miners use self-contained self-rescue available control measures (RACM), or contact information unless you
(SCSR) escape respirators that have a including reasonably available control provide it in the body of your comment.
mouthpiece. A self-contained breathing technology (RACT), for the Tennessee If you send an email comment directly
apparatus (SCBA) has a full-face portion of the Area. EPA is not to EPA without going through
respirator mask. Miners must remove proposing to act on the portions of the www.regulations.gov, your email
the mouthpiece of an SCSR to speak, or SIP revision that are unrelated to address will be automatically captured
remove the full-face respirator mask of RACM. Second, EPA is supplementing and included as part of the comment
an SCBA to communicate clearly. These the Agency’s March 27, 2015, proposed that is placed in the public docket and
actions expose miners to deadly gases in approval of Tennessee’s November 13, made available on the Internet. If you
the mine atmosphere. 2014, redesignation request for the submit an electronic comment, EPA
7. Discuss the challenges associated Tennessee portion of the Area by recommends that you include your
with providing two-way communication proposing that approval of the RACM name and other contact information in
when using escape SCBAs or SCSRs. portion of the aforementioned SIP the body of your comment and with any
What technologies, such as voice revision satisfies the applicable RACM disk or CD–ROM you submit. If EPA
amplifiers or wireless communication requirements for redesignation under cannot read your comment due to
systems, are available for escape SCBAs the Clean Air Act (CAA or Act). technical difficulties and cannot contact
or SCSRs that can enhance voice DATES: Comments must be received on you for clarification, EPA may not be
or before October 9, 2015.
tkelley on DSK3SPTVN1PROD with PROPOSALS
communication among miners? able to consider your comment.
ADDRESSES: Submit your comments, Electronic files should avoid the use of
8. Discuss how this technology can be special characters, any form of
identified by Docket ID No. EPA–R04–
integrated with a mine’s two-way post- encryption, and be free of any defects or
OAR–2014–0904, by one of the
accident communication system. viruses. For additional information
following methods:
MSHA will accept written responses, 1. www.regulations.gov: Follow the about EPA’s public docket visit the EPA
data, and information for the record on-line instructions for submitting Docket Center homepage at http://
from any interested party, including comments. www.epa.gov/epahome/dockets.htm.
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Document Created: 2015-12-15 09:28:11
Document Modified: 2015-12-15 09:28:11
| 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 | Proposed Rules | |
| Action | Notice of public meeting; reopening of record. | |
| Dates | The public meeting will be held on October 19, 2015. All written submissions or responses for the record, including relevant data and information, must be received by midnight Eastern Standard Time on November 16, 2015. | |
| Contact | Sheila A. McConnell, Acting Director, Office of Standards, Regulations, and Variances, MSHA, at [email protected] (email), 202-693-9440 (voice), or 202-693- 9441 (facsimile). These are not toll-free numbers. | |
| FR Citation | 80 FR 56416 | |
| RIN Number | 1219-AB79 | |
| CFR Citation | 30
CFR
7 30 CFR 75 |
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