80_FR_56597 80 FR 56416 - Refuge Alternatives for Underground Coal Mines

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)

Page Range56416-56418
FR Document2015-23448

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 technology that may lead to the development of a new generation of refuges. MSHA also is reopening the record for public comment.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[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]


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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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                                                                      Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Proposed Rules                                           56417

                                                technology that may lead to the                         I. Public Meeting                                     coal mine emergencies than the
                                                development of a new generation of                         MSHA invites coal mine operators,                  protections provided by the existing
                                                refuges. MSHA also is reopening the                     coal miners, equipment manufacturers,                 rule.
                                                record for public comment.                              academia, and the public to provide                     In response to requests, MSHA
                                                DATES: The public meeting will be held                  information on the current state of                   extended the comment period four
                                                on October 19, 2015. All written                        refuge alternatives, particularly on the              times to give interested parties
                                                submissions or responses for the record,                challenges related to the use of built-in-            additional time to review research
                                                including relevant data and information,                place refuges, and enhancing voice                    reports from NIOSH and other relevant
                                                must be received by midnight Eastern                    communication when using escape                       information and provide substantive
                                                Standard Time on November 16, 2015.                     breathing devices. MSHA especially                    comments. The comment period closed
                                                                                                        invites coal miners and operators of                  on April 2, 2015.
                                                ADDRESSES: The public meeting will be
                                                held at MSHA’s National Mine Health                     small underground coal mines to                       III. Questions and Issues for Discussion
                                                and Safety Academy, 1301 Airport                        participate.
                                                                                                           The information from this meeting                  A. Built-In-Place Refuge Alternatives
                                                Road, Beaver, West Virginia 25813–
                                                9426.                                                   will supplement comments to the                          In its report, ‘‘Facilitating the Use of
                                                  Requests to speak or make a                           Agency’s Request for Information and                  Built-In-Place Refuge Alternatives in
                                                presentation at the meeting may be                      research from the National Institute for              Mines,’’ RI 9698, NIOSH makes
                                                made to Leah Davis at 202–693–9440 or                   Occupational Safety and Health                        recommendations on the use of built-in-
                                                by one of the following methods:                        (NIOSH). This meeting will focus on                   place shelters, as a type of refuge with
                                                                                                        four primary issues: Challenges related               a superior environment when compared
                                                  • Fax: 202–693–9441.
                                                                                                        to built-in-place refuges; miners                     to tent and steel pre-fabricated
                                                  • Electronic Mail: davis.leah@dol.gov.
                                                                                                        communicating while using breathing                   structures. The report addresses three
                                                  • Mail: MSHA, Office of Standards,                    devices during escape; advantages and                 issues: (1) Locating built-in-place
                                                Regulations, and Variances, 201 12th                    disadvantages of self-contained                       refuges further from the face than the
                                                Street South, Suite 4E401, Arlington,                   breathing apparatus (SCBA) with refill                1,000-foot limit required under the
                                                Virginia 22202–5452.                                    stations as an escape strategy; and the               existing standard; (2) providing a
                                                  Instructions: All submissions must                    scope and status of new technology or                 consistent process for the design and
                                                include RIN 1219–AB79 or Docket No.                     recent research related to the                        approval of refuge stoppings; and (3)
                                                MSHA–2013–0033. Do not include                          installation and use of built-in-place                delivering a reliable supply of clean,
                                                personal information that you do not                    refuges.                                              breathable air to a built-in-place refuge.
                                                want publicly disclosed; MSHA will                         The public meeting will be held in the             NIOSH recommends allowing operators
                                                post all submissions without change to                  auditorium at MSHA’s National Mine                    to locate built-in-place refuges further
                                                http://www.regulations.gov, including                   Health and Safety Academy on October                  than 1,000 feet from the face, but only
                                                any personal information provided.                      19, 2015, beginning with Registration at              if the refuges:
                                                  For additional instructions for                       1 p.m. and concluding at 5 p.m. or when                  • Provide a constant supply of air
                                                participation in the public meeting, see                the last speaker has spoken.                          into the refuge via either a protected
                                                the SUPPLEMENTARY INFORMATION section                      The meeting will be conducted in an                compressed air line or a borehole from
                                                of this notice.                                         informal manner. Presenters and                       the surface.
                                                  Docket: For access to the docket to                   attendees may provide written                            • Provide a minimum of 85 cubic feet
                                                read comments received, go to http://                   information to the court reporter for                 of space per occupant.
                                                www.regulations.gov or http://                          inclusion in the rulemaking record.                      • Maintain the interior of the refuge
                                                www.msha.gov/currentcomments.asp.                       MSHA will make the transcript of the                  under positive pressure when not in use
                                                To read background documents, go to                     meeting available on                                  to ensure that the refuge contains
                                                http://www.regulations.gov. Review the                  www.regulations.gov and on the                        breathable air immediately on entry and
                                                docket in person at MSHA, Office of                     Agency’s Web site at http://                          to keep contaminated air from entering
                                                Standards, Regulations, and Variances,                  www.msha.gov/tscripts.htm and include                 the refuge when miners enter.
                                                201 12th Street South, Suite 4E401,                     it in the rulemaking record.                          MSHA invites comments and
                                                Arlington, Virginia, between 9:00 a.m.                                                                        information on the following issues:
                                                and 5:00 p.m. Monday through Friday,                    II. Background                                           1. How would MSHA’s acceptance of
                                                except Federal holidays. Sign in at the                    Continued development of refuge                    built-in-place refuges located further
                                                receptionist’s desk in Suite 4E401.                     equipment and technology is expected                  from the face and meeting the above
                                                  Email Notification: To subscribe to                   to enhance the effectiveness of refuges               criteria affect your decision on whether
                                                receive an email notification when                      and improve miners’ chances of                        or not to install a built-in-place refuge?
                                                MSHA publishes rules, program                           surviving a mine emergency when                       Discuss the relative merits of location
                                                information, instructions, or policy, in                escape is impossible. Since the refuge                versus design and performance. Please
                                                the Federal Register, go to http://                     alternatives rule became effective on                 comment on the advantages and
                                                www.msha.gov/subscriptions/                             March 2, 2009, stakeholders have gained               disadvantages of NIOSH’s
                                                subscribe.aspx.                                         experience, and research has led to                   recommended approach for built-in-
                                                                                                        some technological advancements and                   place refuges; the feasibility of installing
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        innovations. To benefit from this                     built-in-place shelters in different mine
                                                Sheila A. McConnell, Acting Director,
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                                                                        experience and research, on August 8,                 settings; the risks related to a refuge
                                                Office of Standards, Regulations, and
                                                                                                        2013, MSHA published a Request for                    location that is further away from the
                                                Variances, MSHA, at
                                                                                                        Information (RFI) in the Federal                      working face; and the benefits of a built-
                                                mcconnell.sheila.a@dol.gov (email),
                                                                                                        Register (78 FR 48593) asking for data,               in-place refuge’s environment and
                                                202–693–9440 (voice), or 202–693–9441
                                                                                                        comments, and information on issues                   performance characteristics.
                                                (facsimile). These are not toll-free
                                                                                                        and options that may present alternative                 2. Discuss the advantages and
                                                numbers.
                                                                                                        or even more effective solutions for                  disadvantages of the following methods
                                                SUPPLEMENTARY INFORMATION:                              miners’ survival during underground                   of providing breathable air in refuges:


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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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of public meeting; reopening of record.
DatesThe 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.
ContactSheila 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 Citation80 FR 56416 
RIN Number1219-AB79
CFR Citation30 CFR 7
30 CFR 75

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