80 FR 67428 - Petitions for Modification of Application of Existing Mandatory Safety Standards
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 80, Issue 211 (November 2, 2015)
Mine Safety and Health Administration
Federal Register Volume 80, Issue 211 (November 2, 2015)
| Page Range | 67428-67432 | |
| FR Document | 2015-27823 |
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)] [Notices] [Pages 67428-67432] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27823] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations 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 MSHA's Office of Standards, Regulations, and Variances on or before December 2, 2015. ADDRESSES: You may submit your comments, identified by ``docket number'' on the subject line, by any of the following methods: 1. Electronic Mail: zzMSHA-comments@dol.gov. 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), barron.barbara@dol.gov (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-2015-019-C. Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road, P.O. Box 910, East Carbon, Utah 84520. Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon County, Utah. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit the use of battery-powered nonpermissible surveying equipment in or inby the last open crosscut, as it pertains to the use of non-permissible surveying equipment, including total stations and theodolites with low-voltage batteries if they have an IP rating of 66 or higher subject to the conditions of the petition. The petitioner states that: (1) Nonpermissible electronic surveying equipment will only be used until equivalent permissible electronic surveying equipment is available or if viable new mechanical surveying equipment is not commercially available. (2) Lila Canyon will maintain a logbook for electronic surveying equipment. The logbook will be kept with each corresponding instrument. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (3) All nonpermissible electronic surveying equipment to be used in or inby the last open crosscut will be examined by the person that will operate the equipment prior to taking [[Page 67429]] the equipment underground to ensure the equipment is being maintained in a safe operating condition. These checks will include: (i) Checking the instrument for any physical damage and the integrity of the case. (ii) Removing the battery and inspecting for corrosion. (iii) Inspecting the contact points to ensure a secure connection to the battery. (iv) Reinserting the battery and powering up and shutting down to ensure proper connections. (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (4) Recording the results of the inspection in the equipment logbook. (5) The equipment will be examined at least weekly by a qualified person as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Inspection entries in the logbook may be expunged after one year. (6) All nonpermissible electronic surveying equipment will be serviced according to the manufacturer's recommendations. Dates of service will be recorded in the equipment logbook and will include a description of the work performed. (7) The nonpermissible surveying equipment that will be used in or inby the last open crosscut will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance. (8) Nonpermissible surveying equipment will not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more methane is detected while the nonpermissible surveying equipment is being used, the equipment will be deenergized immediately and withdrawn outby the last open crosscut. Prior to returning inby the last open crosscut, all requirements of 30 CFR 75.323 will be complied with. (9) As an additional safety check, prior to setting up and energizing nonpermissible electronic surveying equipment in or inby the last open crosscut, the surveyor(s) will conduct a visual examination of the immediate area for evidence that the areas appear to be sufficiently rock dusted and for the presence of accumulated float coal dust. If the rock dusting appears insufficient or the presence of accumulated coal dust is observed, the equipment may not be energized until sufficient rock dust has been applied and/or the accumulations of coal dust have been cleaned up. If nonpermissible electronic surveying equipment is to be used in an area that is not rocked dusted within 40 feet of a working face where a continuous miner is used to extract coal, the area will be rock dusted prior to energizing the electronic surveying equipment. (10) All hand-held methane detectors will be MSHA approved and maintained in permissible and proper operating condition as defined by 30 CFR 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent. (11) Prior to energizing any of the nonpermissible surveying equipment in or inby the last open crosscut, methane tests must be made no more than eight inches from the roof or floor at the location of the equipment. (12) All areas to be surveyed will be pre-shifted according to 30 CFR 75.360 prior to surveying. If the area was not pre-shifted, a supplemental examination according to 30 CFR 75.361 will be performed before any non-certified person enters the area. If the area has been examined according to 30 CFR 75.360 or 30 CFR 75.361, an additional examination is not required. (13) A qualified person as defined in existing 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible surveying equipment inby the last open crosscut. A second person in the surveying crew, if there are two people in the crew, will also continuously monitor for methane. That person will either be a qualified person as defined in 30 CFR 75.151 or will be in the process of being trained to be a qualified person but will not make such tests for a period of 6 months, as required by 30 CFR 75.151. On completion of the 6-month training period, the second person on the survey crew must become qualified in order to continue on the survey crew. If the surveying crew consists of one person, such person will monitor for methane with two separate devices. While the equipment is used in or inby the last open crosscut, one qualified person who is continuously monitoring for methane will remain with the electronic surveying equipment. (14) Batteries contained in the surveying equipment must be ``changed out'' or ``charged'' in intake air outby the last open crosscut. Replacement batteries for the electronic surveying equipment will not be brought in or inby the last open crosscut. On each entry into the mine, all batteries for the electronic surveying equipment must be fully charged. (15) When using nonpermissible electronic surveying equipment inby the last open crosscut the surveyor must confirm by measurement or by inquiry of the person in charge of the section that the air quantity on the section, on that shift, in the last open crosscut or coming to the longwall face is the quantity that is required by the mine's ventilation plan. (16) Nonpermissible electronic surveying equipment will not be used when coal production is occurring in the section. All mining in the section will cease prior to use of the equipment in or inby the last open crosscut. (17) Personnel engaged in the use of surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of surveying equipment in areas where methane could be present. (18) All persons who operate nonpermissible electronic surveying equipment will receive specific training on the terms and conditions of the proposed decision and order before using nonpermissible electronic surveying equipment in or inby the last open crosscut. A record of the training will be kept with the other training records. (19) Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for their approved part 48 training plan to the District Manager. The revisions will specify initial and refresher training regarding the terms and conditions in the PDO. When training is conducted on the terms and conditions stated in the PDO, an MSHA Certificate of Training (Form 5000-23) will be completed. Comments on the certificate of training will indicate surveyor training. (20) Lila Canyon will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2001, within one year of the PDO becoming final. Lila Canyon will replace or retire from service any electronic surveying instrument that was acquired between January 1, 2002 and December 31, 2007; and within two years of the PDO becoming final. Within three years of the date that the PDO becomes final, Lila Canyon will replace or retire from service any electric theodolite that was acquired more than five years prior to the date that the PDO becomes final, or any total station acquired more than ten years prior to the day that the PDO becomes final. After five years, Lila Canyon will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than five years from date of manufacture and total stations will be no older than 10 years from date of manufacture. [[Page 67430]] (21) Lila Canyon is responsible for seeing that all surveying contractors hired by Lila Canyon are using relatively new electronic equipment, i.e., theodolites no older than five years from date of manufacture and total stations no older than 10 years from date of manufacture. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used in or inby the last open crosscut regardless of whether the equipment is used by Lila Canyon or by an independent contractor. Nonpermissible equipment will not be used where float coal dust is in suspension. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2015-020-C. Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road, P.O. Box 910, East Carbon, Utah 84520. Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon County, Utah. Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other than power-connection points; outby the last open crosscut; return air; permissibility requirements). Modification Request: The petitioner requests a modification of the existing standard to permit the use of battery-powered nonpermissible surveying equipment in the return, as it pertains to the use of non- permissible surveying equipment, including total stations and theodolites with low-voltage batteries if they have an IP rating of 66 or higher subject to the conditions of the petition. The petitioner states that: (1) Nonpermissible electronic surveying equipment will only be used until equivalent permissible electronic surveying equipment is available or if viable new mechanical surveying equipment is not commercially available. (2) Lila Canyon will maintain a logbook for electronic surveying equipment. The logbook will be kept with each corresponding instrument. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (3) All nonpermissible electronic surveying equipment to be used in the return will be examined by the person that will operate the equipment prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These checks will include: (i) Checking the instrument for any physical damage and the integrity of the case. (ii) Removing the battery and inspecting for corrosion. (iii) Inspecting the contact points to ensure a secure connection to the battery. (iv) Reinserting the battery and powering up and shutting down to ensure proper connections. (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (4) Recording the results of the examination in the equipment logbook. (5) The equipment will be examined at least weekly by a qualified person as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Inspection entries in the logbook may be expunged after one year. (6) All nonpermissible electronic surveying equipment will be serviced according to the manufacturer's recommendations. Dates of service will be recorded in the equipment logbook and will include a description of the work performed. (7) The nonpermissible surveying equipment that will be used in the return will not be put into service until MSHA has inspected the equipment and determined that it is in compliance. (8) Non permissible surveying equipment will not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more methane is detected while the nonpermissible surveying equipment is being used, the equipment will be deenergized immediately and withdrawn out of the return. Prior to returning into the return, all requirements of 30 CFR 75.323 will be complied with. (9) As an additional safety check, prior to setting up and energizing nonpermissible electronic surveying equipment in the return, the surveyor(s) will conduct a visual examination of the immediate area for evidence that the areas appear to be sufficiently rock dusted and for the presence of accumulated float coal dust. If the rock dusting appears insufficient or the presence of accumulated coal dust is observed, the equipment may not be energized until sufficient rock dust has been applied and/or the accumulations of coal dust have been cleaned up. If nonpermissible electronic surveying equipment is to be used in an area that is not rock dusted within 40 feet of a working face where a continuous miner is used to extract coal, the area will be rock dusted prior to energizing the electronic surveying equipment. (10) All hand-held methane detectors will be MSHA approved and maintained in permissible and proper operating condition as defined by 30 CFR 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent. (11) Prior to energizing any of the nonpermissible surveying equipment in the return, methane tests must be made no more than eight inches from the roof or floor at the location of the equipment. (12) All areas to be surveyed will be pre-shifted according to 30 CFR 75.360 prior to surveying. If the area was not pre-shifted, a supplemental examination according to 30 CFR 75.361 will be performed before any non-certified person enters the area. If the area has been examined according to 30 CFR 75.360 or 30 CFR 75.361, an additional examination is not required. (13) A qualified person as defined in existing 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible surveying equipment in the return. A second person in the surveying crew, if there are two people in the crew, will also continuously monitor for methane. That person will either be a qualified person as defined in 30 CFR 75.151 or will be in the process of being trained to be a qualified person but will not make such tests for a period of 6 months, as required by 30 CFR 75.151. Upon completion of the 6 month training period the second person on the survey crew must become qualified to continue on the survey crew. If the surveying crew consists of one person, such person will monitor for methane with two separate devices. While the equipment is in the return, one qualified person who is continuously monitoring for methane will remain with the electronic surveying equipment. (14) Batteries contained in the surveying equipment must be ``changed out'' or ``charged'' in intake air, out of the return. Replacement batteries for the electronic surveying equipment will not be brought into the return. On each entry into the mine, all batteries for the electronic surveying equipment must be fully charged. (15) When using nonpermissible electronic surveying equipment in the return, the surveyor must confirm by measurement or by inquiry of the person in charge of the section that the air quantity on the section, on that shift, in the last open crosscut or coming to [[Page 67431]] the longwall face is the quantity that is required by the mine's ventilation plan. (16) Nonpermissible electronic surveying equipment will not be used when coal production is occurring in the section. All mining in the section will cease prior to use of the equipment in the return. (17) Personnel engaged in the use of surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of surveying equipment in areas where methane could be present. (18) All persons who operate nonpermissible electronic surveying equipment will receive specific training on the terms and conditions of the proposed decision and order before using nonpermissible electronic surveying equipment in the return. A record of the training will be kept with the other training records. (19) Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for their approved part 48 training plan to the District Manager. The revisions will specify initial and refresher training regarding the terms and conditions in the PDO. When training is conducted on the terms and conditions stated in the PDO, an MSHA Certificate of Training (Form 5000-23) will be completed. Comments on the certificate of training will indicate surveyor training. (20) Lila Canyon will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2001; within one year of the PDO becoming final. Lila Canyon will replace or retire from service any electronic surveying instrument that was acquired between January 1, 2002 and December 31, 2007; and within two years of the PDO becoming final. Within three years of the date that the PDO becomes final, Lila Canyon will replace or retire from service any electric theodolite that was acquired more than five years prior to the date that the PDO becomes final, or any total station acquired more than ten years prior to the day that the PDO becomes final. After five years, Lila Canyon will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than five years from date of manufacture and total stations will be no older than 10 years from date of manufacture. (21) Lila Canyon is responsible for seeing that all surveying contractors hired by Lila Canyon are using relatively new electronic equipment, i.e., theodolites no older than five years from date of manufacture and total stations no older than 10 years from date of manufacture. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used in a return regardless of whether the equipment is used by Lila Canyon or by an independent contractor. Nonpermissible equipment will not be used where float coal dust is in suspension. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2015-021-C. Petitioner: UtahAmerican Energy, Inc., 794 North ``C'' Canyon Road, P.O. Box 910, East Carbon, Utah 84520. Mine: Lila Canyon Mine, MSHA I.D. No. 42-02241, located in Carbon County, Utah. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit the use of battery-powered nonpermissible surveying equipment within 150 feet of pillar workings or longwall faces, as it pertains to the use of non-permissible surveying equipment, including total stations and theodolites with low-voltage batteries if they have an IP rating of 66 or higher subject to the conditions of the petition. The petitioner states that: (1) Nonpermissible electronic surveying equipment will only be used until equivalent permissible electronic surveying equipment is available or if viable new mechanical surveying equipment is not commercially available. (2) Lila Canyon will maintain a logbook for electronic surveying equipment. The logbook will be kept with each corresponding instrument. The logbook will contain the date of manufacture and/or purchase of each particular piece of electronic surveying equipment. The logbook will be made available to MSHA on request. (3) All nonpermissible electronic surveying equipment to be used within 150 feet of pillar workings or longwall face will be examined by the person that will operate the equipment prior to taking the equipment underground to ensure the equipment is being maintained in a safe operating condition. These checks will include: (i) Checking the instrument for any physical damage and the integrity of the case. (ii) Removing the battery and inspecting for corrosion. (iii) Inspecting the contact points to ensure a secure connection to the battery. (iv) Reinserting the battery and powering up and shutting down to ensure proper connections. (v) Checking the battery compartment cover or battery attachment to ensure that it is securely fastened. (4) Recording the results of the inspection in the equipment logbook. (5) The equipment will be examined at least weekly by a qualified person as defined in 30 CFR 75.153. The examination results will be recorded weekly in the equipment logbook. Inspection entries in the logbook may be expunged after one year. (6) All nonpermissible electronic surveying equipment will be serviced according to the manufacturer's recommendations. Dates of service will be recorded in the equipment logbook and will include a description of the work performed. (7) The nonpermissible surveying equipment that will be used within 150 feet of pillar workings or the longwall face will not be put into service until MSHA has initially inspected the equipment and determined that it is in compliance. (8) Nonpermissible surveying equipment will not be used if methane is detected in concentrations at or above 1.0 percent methane. When 1.0 percent or more methane is detected while the nonpermissible surveying equipment is being used, the equipment will be deenergized immediately and withdrawn further than 150 feet from pillar workings or longwall faces. Prior to returning within 150 feet from pillar workings or longwall faces, all requirements of 30 CFR 75.323 will be complied with. (9) As an additional safety check, prior to setting up and energizing nonpermissible electronic surveying equipment within 150 feet of pillar workings, the surveyor(s) will conduct a visual examination of the immediate area for evidence that the areas appear to be sufficiently rock dusted and for the presence of accumulated float coal dust. If the rock dusting appears insufficient or the presence of accumulated coal dust is observed, the equipment may not be energized until sufficient rock dust has been applied and/or the accumulations of coal dust have been cleaned up. If nonpermissible electronic surveying equipment is to be used in an area that is not rock dusted within 40 feet of a working face where a continuous miner is used to extract coal, the area will be rock ducted prior to [[Page 67432]] energizing the electronic surveying equipment. (10) All hand-held methane detectors will be MSHA approved and maintained in permissible and proper operating condition as defined by 30 CFR 75.320. All methane detectors must provide visual and audible warnings when methane is detected at or above 1.0 percent. (11) Prior to energizing any of the nonpermissible surveying equipment within 150 feet of pillar workings or longwall faces, methane tests must be made no more than eight inches from the roof or floor at the location of the equipment. (12) All areas to be surveyed will be pre-shifted according to 30 CFR 75.360 prior to surveying. If the area was not pre-shifted, a supplemental examination according to 30 CFR 75.361 will be performed before any non-certified person enters the area. If the area has been examined according to 30 CFR 75.360 or 30 CFR 75.361, an additional examination is not required. (13) A qualified person as defined in existing 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible surveying equipment within 150 feet of pillar workings or longwall faces. A second person in the surveying crew, if there are two people in the crew, will also continuously monitor for methane. That person will either be a qualified person as defined in 30 CFR 75.151 or will be in the process of being trained to be a qualified person but will not make such tests for a period of 6 months, as required by 30 CFR 75.151. On completion of the 6 month training period the second person on the survey crew must become qualified to continue on the survey crew. If the surveying crew consists of one person, such person will monitor for methane with two separate devices. While the equipment is used within 150 feet of pillar workings or longwall faces, one qualified person who is continuously monitoring for methane will remain with the electronic surveying equipment. (14) Batteries contained in the surveying equipment must be ``changed out'' or ``charged'' more than 150 feet away from pillar workings or the longwall face. Replacement batteries for the electronic surveying equipment will not be brought in or inby the last open crosscut, into the return, or within 150 feet of pillar workings or longwall faces. On each entry into the mine, all batteries for the electronic surveying equipment must be fully charged. (15) When using nonpermissible electronic surveying equipment within 150 feet of pillar workings or the longwall face, the surveyor must confirm by measurement or by inquiry of the person in charge of the section that the air quantity on the section, on that shift, in the last open crosscut or coming to the longwall face is the quantity that is required by the mine's ventilation plan. (16) Nonpermissible electronic surveying equipment will not be used when coal production is occurring in the section. All mining in the section will cease prior to use of the equipment within 150 feet of pillar workings and longwall faces. (17) Personnel engaged in the use of surveying equipment will be properly trained to recognize the hazards and limitations associated with the use of surveying equipment in areas where methane could be present. (18) All persons who operate nonpermissible electronic surveying equipment will receive specific training on the terms and conditions of the proposed decision and order before using nonpermissible electronic surveying equipment within 150 feet of the longwall face or pillar workings. A record of the training will be kept with the other training records. (19) Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for their approved part 48 training plan to the District Manager. The revisions will specify initial and refresher training regarding the terms and conditions in the PDO. When training is conducted on the terms and conditions stated in the PDO, an MSHA Certificate of Training (Form 5000-23) will be completed. Comments on the certificate of training will indicate surveyor training. (20) Lila Canyon will replace or retire from service any electronic surveying instrument that was acquired prior to December 31, 2001; within one year of the PDO becoming final. Lila Canyon will replace or retire from service any electronic surveying instrument that was acquired between January 1, 2002 and December 31, 2007; and within two years of the PDO becoming final. Within three years of the date that the PDO becomes final, Lila Canyon will replace or retire from service any electric theodolite that was acquired more than five years prior to the date that the PDO becomes final, or any total station acquired more than ten years prior to the day that the PDO becomes final. After five years, Lila Canyon will maintain a cycle of purchasing new electronic surveying equipment whereby theodolites will be no older than five years from date of manufacture and total stations will be no older than 10 years from date of manufacture. (21) Lila Canyon is responsible for seeing that all surveying contractors hired by Lila Canyon are using relatively new electronic equipment, i.e., theodolites no older than five years from date of manufacture and total stations no older than 10 years from date of manufacture. The conditions of use in the PDO will apply to all nonpermissible electronic surveying equipment used within 150 feet of pillar workings or longwall faces regardless of whether the equipment is used by Lila Canyon or by an independent contractor. Nonpermissible equipment will not be used where float coal dust is in suspension. The petitioner asserts that application of the existing standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2015-27823 Filed 10-30-15; 8:45 am] BILLING CODE 4520-43-P
![67428 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices
agency, including whether the information collection request; they will SUPPLEMENTARY INFORMATION:
information has practical utility; also become a matter of public record.
I. Background
• Evaluate the accuracy of MSHA’s Sheila McConnell,
estimate of the burden of the collection Section 101(c) of the Federal Mine
Certifying Officer. Safety and Health Act of 1977 (Mine
of information, including the validity of
[FR Doc. 2015–27822 Filed 10–30–15; 8:45 am] Act) allows the mine operator or
the methodology and assumptions used;
• Suggest methods to enhance the BILLING CODE 4510–43–P representative of miners to file a
quality, utility, and clarity of the petition to modify the application of any
information to be collected; and mandatory safety standard to a coal or
DEPARTMENT OF LABOR other mine if the Secretary of Labor
• Minimize the burden of the
collection of information on those who determines that:
Mine Safety and Health Administration 1. An alternative method of achieving
are to respond, including through the
use of appropriate automated, Petitions for Modification of the result of such standard exists which
electronic, mechanical, or other Application of Existing Mandatory will at all times guarantee no less than
technological collection techniques or Safety Standards the same measure of protection afforded
other forms of information technology, the miners of such mine by such
e.g., permitting electronic submission of AGENCY: Mine Safety and Health standard; or
Administration, Labor. 2. That the application of such
responses.
ACTION: Notice. standard to such mine will result in a
The information collection request diminution of safety to the miners in
will be available on http:// SUMMARY: Section 101(c) of the Federal such mine.
www.regulations.gov. MSHA cautions Mine Safety and Health Act of 1977 and In addition, the regulations at 30 CFR
the commenter against providing any Title 30 of the Code of Federal 44.10 and 44.11 establish the
information in the submission that Regulations Part 44 govern the requirements and procedures for filing
should not be publicly disclosed. Full application, processing, and disposition petitions for modification.
comments, including personal of petitions for modification. This notice
information provided, will be made is a summary of petitions for II. Petitions for Modification
available on www.regulations.gov and modification submitted to the Mine Docket Number: M–2015–019–C.
www.reginfo.gov. Safety and Health Administration Petitioner: UtahAmerican Energy,
The public may also examine publicly (MSHA) by the parties listed below. Inc., 794 North ‘‘C’’ Canyon Road, P.O.
available documents at USDOL-Mine DATES: All comments on the petitions Box 910, East Carbon, Utah 84520.
Safety and Health Administration, 201 must be received by the MSHA’s Office Mine: Lila Canyon Mine, MSHA I.D.
12th South, Suite 4E401, Arlington, VA of Standards, Regulations, and No. 42–02241, located in Carbon
22202–5452. Sign in at the receptionist’s Variances on or before December 2, County, Utah.
desk on the 4th floor via the East 2015. Regulation Affected: 30 CFR 75.500(d)
elevator. (Permissible electric equipment).
Questions about the information ADDRESSES: You may submit your Modification Request: The petitioner
collection requirements may be directed comments, identified by ‘‘docket requests a modification of the existing
to the person listed in the FOR FURTHER number’’ on the subject line, by any of standard to permit the use of battery-
INFORMATION CONTACT section of this the following methods: powered nonpermissible surveying
notice. 1. Electronic Mail: zzMSHA- equipment in or inby the last open
comments@dol.gov. Include the docket crosscut, as it pertains to the use of non-
III. Current Actions number of the petition in the subject permissible surveying equipment,
This request for collection of line of the message. including total stations and theodolites
information contains provisions for Fire 2. Facsimile: 202–693–9441. with low-voltage batteries if they have
Protection (Underground Coal Mines). 3. Regular Mail or Hand Delivery: an IP rating of 66 or higher subject to the
MSHA has updated the data with MSHA, Office of Standards, conditions of the petition. The
respect to the number of respondents, Regulations, and Variances, 201 12th petitioner states that:
responses, burden hours, and burden Street South, Suite 4E401, Arlington, (1) Nonpermissible electronic
costs supporting this information Virginia 22202–5452, Attention: Sheila surveying equipment will only be used
collection request. McConnell, Acting Director, Office of until equivalent permissible electronic
Standards, Regulations, and Variances. surveying equipment is available or if
Type of Review: Revision of a
Persons delivering documents are viable new mechanical surveying
currently approved collection.
required to check in at the receptionist’s equipment is not commercially
Agency: Mine Safety and Health desk in Suite 4E401. Individuals may
Administration. available.
inspect copies of the petitions and (2) Lila Canyon will maintain a
OMB Number: 1219–0054. comments during normal business logbook for electronic surveying
Affected Public: Business or other for- hours at the address listed above. equipment. The logbook will be kept
profit. MSHA will consider only comments with each corresponding instrument.
Number of Respondents: 237. postmarked by the U.S. Postal Service or The logbook will contain the date of
Frequency: On occasion. proof of delivery from another delivery manufacture and/or purchase of each
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Number of Responses: 144,427. service such as UPS or Federal Express particular piece of electronic surveying
Annual Burden Hours: 24,916 hours. on or before the deadline for comments. equipment. The logbook will be made
Annual Respondent or Recordkeeper FOR FURTHER INFORMATION CONTACT: available to MSHA on request.
Cost: $332. Barbara Barron, Office of Standards, (3) All nonpermissible electronic
Comments submitted in response to Regulations, and Variances at 202–693– surveying equipment to be used in or
this notice will be summarized and 9447 (Voice), barron.barbara@dol.gov inby the last open crosscut will be
included in the request for Office of (Email), or 202–693–9441 (Facsimile). examined by the person that will
Management and Budget approval of the [These are not toll-free numbers.] operate the equipment prior to taking
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![67432 Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices
energizing the electronic surveying 150 feet of pillar workings or the and total stations will be no older than
equipment. longwall face, the surveyor must 10 years from date of manufacture.
(10) All hand-held methane detectors confirm by measurement or by inquiry (21) Lila Canyon is responsible for
will be MSHA approved and maintained of the person in charge of the section seeing that all surveying contractors
in permissible and proper operating that the air quantity on the section, on hired by Lila Canyon are using
condition as defined by 30 CFR 75.320. that shift, in the last open crosscut or relatively new electronic equipment,
All methane detectors must provide coming to the longwall face is the i.e., theodolites no older than five years
visual and audible warnings when quantity that is required by the mine’s from date of manufacture and total
methane is detected at or above 1.0 ventilation plan. stations no older than 10 years from
percent. (16) Nonpermissible electronic date of manufacture. The conditions of
(11) Prior to energizing any of the surveying equipment will not be used use in the PDO will apply to all
nonpermissible surveying equipment when coal production is occurring in nonpermissible electronic surveying
within 150 feet of pillar workings or the section. All mining in the section equipment used within 150 feet of pillar
longwall faces, methane tests must be will cease prior to use of the equipment workings or longwall faces regardless of
made no more than eight inches from within 150 feet of pillar workings and whether the equipment is used by Lila
the roof or floor at the location of the longwall faces. Canyon or by an independent
equipment. (17) Personnel engaged in the use of contractor. Nonpermissible equipment
(12) All areas to be surveyed will be surveying equipment will be properly will not be used where float coal dust
pre-shifted according to 30 CFR 75.360 trained to recognize the hazards and is in suspension.
prior to surveying. If the area was not limitations associated with the use of The petitioner asserts that application
pre-shifted, a supplemental examination surveying equipment in areas where of the existing standard will result in a
according to 30 CFR 75.361 will be methane could be present. diminution of safety to the miners and
performed before any non-certified (18) All persons who operate that the proposed alternative method
person enters the area. If the area has nonpermissible electronic surveying will at all times guarantee no less than
been examined according to 30 CFR equipment will receive specific training the same measure of protection afforded
75.360 or 30 CFR 75.361, an additional on the terms and conditions of the
by the existing standard.
examination is not required. proposed decision and order before
(13) A qualified person as defined in using nonpermissible electronic Sheila McConnell,
existing 30 CFR 75.151 will surveying equipment within 150 feet of Acting Director, Office of Standards,
continuously monitor for methane the longwall face or pillar workings. A Regulations, and Variances.
immediately before and during the use record of the training will be kept with [FR Doc. 2015–27823 Filed 10–30–15; 8:45 am]
of nonpermissible surveying equipment the other training records. BILLING CODE 4520–43–P
within 150 feet of pillar workings or (19) Within 60 days after the Proposed
longwall faces. A second person in the Decision and Order (PDO) becomes
surveying crew, if there are two people final, the petitioner will submit DEPARTMENT OF LABOR
in the crew, will also continuously proposed revisions for their approved
monitor for methane. That person will part 48 training plan to the District Occupational Safety and Health
either be a qualified person as defined Manager. The revisions will specify Administration
in 30 CFR 75.151 or will be in the initial and refresher training regarding
[Docket No. OSHA–H022k–2006–0062]
process of being trained to be a qualified the terms and conditions in the PDO.
person but will not make such tests for When training is conducted on the Preparations for the 30th Session of
a period of 6 months, as required by 30 terms and conditions stated in the PDO, the UN Sub-Committee of Experts on
CFR 75.151. On completion of the 6 an MSHA Certificate of Training (Form the Globally Harmonized System of
month training period the second 5000–23) will be completed. Comments Classification and Labelling of
person on the survey crew must become on the certificate of training will Chemicals (UNSCEGHS)
qualified to continue on the survey indicate surveyor training.
crew. If the surveying crew consists of (20) Lila Canyon will replace or retire AGENCY: Occupational Safety and Health
one person, such person will monitor from service any electronic surveying Administration (OSHA), Department of
for methane with two separate devices. instrument that was acquired prior to Labor
While the equipment is used within 150 December 31, 2001; within one year of ACTION: Notice of public meeting.
feet of pillar workings or longwall faces, the PDO becoming final. Lila Canyon
one qualified person who is will replace or retire from service any SUMMARY: This notice is to advise
continuously monitoring for methane electronic surveying instrument that interested persons that on Thursday,
will remain with the electronic was acquired between January 1, 2002 November 12, 2015, OSHA will conduct
surveying equipment. and December 31, 2007; and within two a public meeting to discuss proposals in
(14) Batteries contained in the years of the PDO becoming final. Within preparation for the 30th session of the
surveying equipment must be ‘‘changed three years of the date that the PDO United Nations Sub-Committee of
out’’ or ‘‘charged’’ more than 150 feet becomes final, Lila Canyon will replace Experts on the Globally Harmonized
away from pillar workings or the or retire from service any electric System of Classification and Labelling
longwall face. Replacement batteries for theodolite that was acquired more than of Chemicals (UNSCEGHS) to be held
the electronic surveying equipment will five years prior to the date that the PDO December 9 to December 11, 2015 in
asabaliauskas on DSK5VPTVN1PROD with NOTICES
not be brought in or inby the last open becomes final, or any total station Geneva, Switzerland. OSHA, along with
crosscut, into the return, or within 150 acquired more than ten years prior to the U.S. Interagency GHS (Globally
feet of pillar workings or longwall faces. the day that the PDO becomes final. Harmonized System of Classification
On each entry into the mine, all After five years, Lila Canyon will and Labelling of Chemicals)
batteries for the electronic surveying maintain a cycle of purchasing new Coordinating Group, plans to consider
equipment must be fully charged. electronic surveying equipment the comments and information gathered
(15) When using nonpermissible whereby theodolites will be no older at this public meeting when developing
electronic surveying equipment within than five years from date of manufacture the U.S. Government positions for the
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Document Created: 2018-03-01 11:29:15
Document Modified: 2018-03-01 11:29:15
| 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 MSHA's Office of Standards, Regulations, and Variances on or before December 2, 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 67428 |
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