81_FR_11885 81 FR 11841 - Petitions for Modification of Application of Existing Mandatory Safety Standards

81 FR 11841 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 44 (March 7, 2016)

Page Range11841-11844
FR Document2016-04930

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.

Federal Register, Volume 81 Issue 44 (Monday, March 7, 2016)
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11841-11844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04930]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations 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 April 6, 
2016.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petitions 
and comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the

[[Page 11842]]

requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2016-002-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 49.2(b) (Availability of mine rescue 
teams).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the reduction of two mine rescue teams with 
five members and one alternate each to two mine rescue teams of three 
members with one alternate for either team. The petitioner states that:
    (1) The underground mine is a small mine and there is hardly enough 
physical room to accommodate more than three or four miners in the 
working places. An attempt to utilize five or more rescue team members 
in the mine's confined working places would result in a diminution of 
safety to both the miners at the mine and members of the rescue team.
    (2) Records of Mine Emergency responses over the last 20 years 
indicate that rescue and recovery operations conducted by Anthracite 
Underground Rescue, Inc. (AUGR) have never utilized more than one team. 
In addition, when one rescue team was utilized there were no more than 
three members traveling to a working place simultaneously.
    (3) The electric power does not reach beyond the bottom of the 
slope. Therefore, all coal haulage is done by hand trammed cars or 
battery electric motor and car at very slow rates of speed. These facts 
considerably reduce the risk of a disaster and the need for as many 
mine rescue team members as required by the regulations.
    (4) The employment in the underground anthracite mines has 
decreased substantially and the ratio of mine rescue teams to 
underground miners has correspondingly been reduced. The loss of the 
underground work force dramatically reduces the pool of qualified 
people available to fill mine rescue positions.
    (5) Pennsylvania Deep Mine Safety presently has four deep mine 
inspectors that have deep mine rescue training and are pledged to 
assist if required in an emergency. In addition, the surrounding small 
mines have always provided assistance during mine emergencies.
    (6) As a result of poor market conditions and a significant number 
of underground mines now conducting final pillar recovery, the downward 
trends are expected to continue.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-003-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.335 (Seal strength, design 
application, and installation).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of seal construction 
employing wooden material of moderate size and weight due to the 
difficulty in accessing previously driven headings and breasts 
containing the inaccessible abandoned workings through the use of 
homemade ladders. The petitioner requests that a design criteria in the 
10 psi range be accepted due to the non-explosibility of anthracite 
coal dust and minimal potential for either an accumulation of methane 
in previously mined pitching veins or an ignition source in the gob 
area. The petitioner states that seals installed in pairs permit the 
water trap to be installed only in the gangway seal (lowest elevation) 
and sampling tube in the monkey (higher elevation) seal. The petitioner 
also states that:
    (1) The required transportation of solid concrete blocks or 
equivalent materials manually on ladders on pitching anthracite veins 
will expose miners to greater hazard(s) of falling, being struck by 
falling materials or resulting strains or sprains due to the weight of 
the materials.
    (2) No evidence of ignition in accessible abandoned anthracite 
workings has been found to date.
    (3) In veins pitching greater than 45 degrees the weight of the 
seal is transferred to the low side rib (coal).
    (4) Irregularly shaped anthracite openings would require 
substantial cutting of rectangular blocks to insure proper tie-in to 
hitches in the top rock, bottom rock and low side coal rib.
    (5) Concrete block and mortar construction for openings parallel to 
the pitching vein would be almost impossible to construct and subject 
to failure merely by its own weight.
    (6) Isolation of inaccessible abandoned workings from an active 
section will permit natural venting of any potential methane build-up 
through surface breeches, and the mine has not experienced measurable 
liberations of methane to date.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-004-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.360 (Preshift examination at fixed 
intervals).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of examination and 
evaluation, including a visual examination of each seal, for physical 
damage from the slope gunboat during the pre-shift examination to occur 
after an air quantity reading is taken just inby the intake portal. An 
additional air reading and gas test for methane and oxygen deficiency 
will then be taken at the intake air split location(s) just off the 
slope in the gangway portion of the working section. The examiner will 
place the date, time, and their initials at the locations where air 
readings and gas tests are taken and the results will be properly 
recorded prior to anyone entering the mine.
    The slope will be traveled and physically examined for its entire 
length on a monthly basis with dates, times and initials placed at 
sufficient locations throughout, and results of the examination 
recorded on the surface. Any hazards found will be corrected prior to 
personnel transportation in the slope. The petitioner states that:
    (1) The intake haulage slope on moderate to steep pitch of 66 
degrees is equipped with a ladder as part of its escapeway requirement. 
If an examination had to be conducted, platforms across the ladder at 
multiple locations would require miners to climb around each platform 
obstruction, significantly increasing a fall hazard down the slope.
    (2) If examinations were conducted and platforms not provided, a 
significant injury or fall potential exists each time a miner gets in 
and out of the gunboat.
    (3) Accurate air readings cannot be obtained with the gunboat 
blocking a major portion of the intake slope. If platforms were 
installed across the intake almost total restriction of the mine's only 
intake would occur.
    (4) Since the intake haulage slope is the mine's only intake, 
oxygen deficiency is highly unlikely.

[[Page 11843]]

    (5) Due to wet conditions in the mine, dates, times, and initials 
frequently disappear in a matter of hours.
    (6) Anthracite coal historically liberates methane only during 
active mining thereby eliminating the likelihood of methane leaking 
from inaccessible abandoned areas into the intake slope. Any such 
leakage would be detected at the proposed sampling location at each 
intake air split on the gangway.
    (7) The return slope airway is located immediately adjacent to the 
intake slope and air leakage would occur toward the return.
    (8) While air losses from the intake to the return slopes are 
anticipated, a significant change in readings from those of the 
previous day to week would warrant additional air readings and gas test 
at various locations in the slope. Significant changes in readings, 
however, occur on a seasonal basis as a result of natural ventilation 
changes and should not be use as a basis for evaluating the efficiency 
of the mine's ventilation system.
    (9) Only increases in air quantity readings obtained just inby the 
slope portal when measured in the slope are indicative of air leakage 
through seals in the wrong direction.
    (10) Examination of the intake haulage slope on a monthly basis 
will ensure the safety of miners traveling the intake escapeway and 
significantly minimize the fall hazard potential of miners conducting 
examinations.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-005-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1200(d) & (i) (Mine map).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of cross-sections in lieu of 
contour lines through the intake slope, at locations of rock tunnel 
connections between veins, and at 1,000 feet intervals of advance from 
the intake slope and to limit the required mapping of miner workings 
above and below to those present within 100 feet of the vein(s) being 
mined unless veins are interconnected to other veins beyond the 100 
feet limit, through rock tunnels. The petitioner states that:
    (1) Due to the steep pitch encountered in mining anthracite coal 
veins, contours provide no useful information and their presence would 
make portions of the map illegible.
    (2) Use of cross-sections in lieu of contour lines has been 
practiced since the late 1800's and provides critical information 
relative to the spacing between vein and proximity to other mine 
workings which fluctuate considerably.
    (3) The vast majority of current underground anthracite mining 
involves either second mining of remnant pillars from previous mining/
mine operators or the mining of veins of lower quality in proximity to 
inaccessible and frequently flooded abandoned mine workings which may 
or may not be mapped.
    (4) All mapping for mines above and below is researched by the 
petitioner's contract engineer for the presence of interconnecting rock 
tunnels between veins in relation to the mine and a hazard analysis is 
done when mapping indicates the presence of known or potentially 
flooded workings.
    (5) When no rock tunnel connections are found, mine workings found 
to exist beyond 100 feet from the mine are recognized as presenting no 
hazard to the mine due to the pitch of the vein rock separation 
between.
    (6) The mine workings above and below are usually inactive and 
abandoned and not usually subject to changes during the life of the 
mine.
    (7) Where evidence indicates prior mining was conducted on a vein 
above or below and research exhausts the availability of mine mapping, 
the vein will be considered to be mined and flooded and appropriate 
precautions taken through Sec.  75.388, where possible.
    (8) Where potential hazards exist and in mine drilling capabilities 
limit penetration, surface boreholes may be used to intercept the 
workings and the results analyzed prior to the beginning of mining in 
the affected area.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-006-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1202 and 75.1202-1(a) (Temporary 
notations, revisions and requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the required interval of survey to be 
established on an annual basis from the initial survey in lieu of every 
6 months as required. The petitioner proposes to continue to update the 
mine map by hand notations on a daily basis and conduct subsequent 
surveys prior to commencing retreat mining, and whenever either a 
drilling program is required by Sec.  75.388 or plan for mining into 
inaccessible areas is required by Sec.  75.389. The petitioner states 
that:
    (1) The low production and slow rate of advance in anthracite 
mining make surveying on 6-month intervals impractical. In most cases 
annual development is frequently limited to less than 500 feet of 
gangway advance with associated up-pitch development.
    (2) The vast majority of small anthracite mines use non-mechanized, 
hand-loading mining methods.
    (3) Development above the active gangway is designed to mine into 
the level above at designated intervals thereby maintaining sufficient 
control between both surveyed gangways.
    (4) The available engineering/surveyor resources are limited in the 
anthracite coal fields. Surveying on an annual basis is difficult to 
achieve with four individual contractors currently available.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure of protection afforded the miners 
under the existing standard.

    Docket Number: M-2016-007-C.
    Petitioner: Clinton M Wynn Mining, 419 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: Bottom Rock Slope, MSHA I.D. No. 36-10110, located in 
Northumberland County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a gunboat to transport persons 
without safety catches or other no less effective devices because, to 
date, no such safety catch or device is available for steeply pitching 
and undulating slopes with numerous curves and knuckles present in the 
main haulage slopes of anthracite mines. These mines range in length 
from 30 to 4200 feet and vary in pitch from 12 degrees and 75 degrees. 
The petitioner states that:
    (1) A functional safety catch has not yet been developed; 
consequently, the makeshift devices, if installed, would be activated 
on knuckles and curves when no emergency exists causing a tumbling 
effect on the conveyance that would increase rather than decrease the 
hazard to miners.

[[Page 11844]]

    (2) As an alternative, the petitioner proposes to operate the man 
cage or steel gunboat with secondary safety connections securely 
fastened around the gunboat and to the hoisting rope above the main 
connecting device and use hoisting ropes having a factor of safety in 
excess of the 4 to 8 to 1 as suggested in the American Standards 
Specifications for the Use of Wire Rope for Mines.
    The petitioner asserts that the proposed alternative method will 
provide no less than the same measure or protection afforded the miners 
under the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-04930 Filed 3-4-16; 8:45 am]
BILLING CODE 4520-43-P



                                                                                   Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices                                             11841

                                                    Attn: OMB Desk Officer for DOL–ETA,                     Information and Regulatory Affairs at                 Title 30 of the Code of Federal
                                                    Office of Management and Budget,                        the address shown in the ADDRESSES                    Regulations Part 44 govern the
                                                    Room 10235, 725 17th Street NW.,                        section within thirty (30) days of                    application, processing, and disposition
                                                    Washington, DC 20503; by Fax: 202–                      publication of this notice in the Federal             of petitions for modification. This notice
                                                    395–5806 (this is not a toll-free                       Register. In order to help ensure                     is a summary of petitions for
                                                    number); or by email: OIRA_                             appropriate consideration, comments                   modification submitted to the Mine
                                                    submission@omb.eop.gov. Commenters                      should mention OMB ICR Reference                      Safety and Health Administration
                                                    are encouraged, but not required, to                    Number 201509–1205–013. The OMB is                    (MSHA) by the parties listed below.
                                                    send a courtesy copy of any comments                    particularly interested in comments                   DATES: All comments on the petitions
                                                    by mail or courier to the U.S.                          that:                                                 must be received by the MSHA’s Office
                                                    Department of Labor—OASAM, Office                         • Evaluate whether the proposed                     of Standards, Regulations, and
                                                    of the Chief Information Officer, Attn:                 collection of information is necessary                Variances on or before April 6, 2016.
                                                    Departmental Information Compliance                     for the proper performance of the
                                                                                                                                                                  ADDRESSES: You may submit your
                                                    Management Program, Room N1301,                         functions of the agency, including
                                                                                                                                                                  comments, identified by ‘‘docket
                                                    200 Constitution Avenue NW.,                            whether the information will have
                                                                                                                                                                  number’’ on the subject line, by any of
                                                    Washington, DC 20210; or by email:                      practical utility;
                                                                                                              • Evaluate the accuracy of the                      the following methods:
                                                    DOL_PRA_PUBLIC@dol.gov.                                                                                          1. Electronic Mail: zzMSHA-
                                                    FOR FURTHER INFORMATION CONTACT:                        agency’s estimate of the burden of the
                                                                                                                                                                  comments@dol.gov. Include the docket
                                                    Contact Michel Smyth by telephone at                    proposed collection of information,
                                                                                                                                                                  number of the petition in the subject
                                                    202–693–4129 (this is not a toll-free                   including the validity of the
                                                                                                                                                                  line of the message.
                                                    number) or by email at DOL_PRA_                         methodology and assumptions used;
                                                                                                              • Enhance the quality, utility, and                    2. Facsimile: 202–693–9441.
                                                    PUBLIC@dol.gov.                                                                                                  3. Regular Mail or Hand Delivery:
                                                                                                            clarity of the information to be
                                                       Authority: 44 U.S.C. 3507(a)(1)(D).                                                                        MSHA, Office of Standards,
                                                                                                            collected; and
                                                    SUPPLEMENTARY INFORMATION:      This ICR                  • Minimize the burden of the                        Regulations, and Variances, 201 12th
                                                    seeks PRA authority for the                             collection of information on those who                Street South, Suite 4E401, Arlington,
                                                    Unemployment Insurance (UI) Call                        are to respond, including through the                 Virginia 22202–5452, Attention: Sheila
                                                    Center Final Assessment Guide                           use of appropriate automated,                         McConnell, Acting Director, Office of
                                                    information collection. The ETA                         electronic, mechanical, or other                      Standards, Regulations, and Variances.
                                                    proposes to conduct a comprehensive                     technological collection techniques or                Persons delivering documents are
                                                    study of UI call center operations by                   other forms of information technology,                required to check in at the receptionist’s
                                                    collecting data to understand key                       e.g., permitting electronic submission of             desk in Suite 4E401. Individuals may
                                                    operational challenges and issues in                    responses.                                            inspect copies of the petitions and
                                                    light of Administration policy priorities                 Agency: DOL–ETA.                                    comments during normal business
                                                    and of other partner programs. More                       Title of Collection: Unemployment                   hours at the address listed above.
                                                    specifically, approval of this ICR would                Insurance Call Center Final Assessment                   MSHA will consider only comments
                                                    authorize the ETA to conduct telephone                  Guide.                                                postmarked by the U.S. Postal Service or
                                                    interviews of UI State Workforce                          OMB ICR Reference Number: 201509–                   proof of delivery from another delivery
                                                    Administration Administrators and                       1205–013.                                             service such as UPS or Federal Express
                                                    Directors. The interviews would gather                    Affected Public: State, Local, and                  on or before the deadline for comments.
                                                    detailed documentation of how states                    Tribal Governments.                                   FOR FURTHER INFORMATION CONTACT:
                                                    operate their UI call centers, as well as                 Total Estimated Number of                           Barbara Barron, Office of Standards,
                                                    gather information on how existing state                Respondents: 53.                                      Regulations, and Variances at 202–693–
                                                    UI call centers’ successful practices and                 Total Estimated Number of                           9447 (Voice), barron.barbara@dol.gov
                                                    measurable performances are used.                       Responses: 53.                                        (Email), or 202–693–9441 (Facsimile).
                                                    Social Security Act section 303(a)(6)                     Total Estimated Annual Time Burden:                 [These are not toll-free numbers.]
                                                    authorizes this information collection.                 133 hours.                                            SUPPLEMENTARY INFORMATION:
                                                    See 42 U.S.C. 503(a)(6).                                  Total Estimated Annual Other Costs
                                                       This proposed information collection                 Burden: $0.                                           I. Background
                                                    is subject to the PRA. A Federal agency                   Dated: March 1, 2016.                                 Section 101(c) of the Federal Mine
                                                    generally cannot conduct or sponsor a                   Michel Smyth,                                         Safety and Health Act of 1977 (Mine
                                                    collection of information, and the public               Departmental Clearance Officer.                       Act) allows the mine operator or
                                                    is generally not required to respond to                 [FR Doc. 2016–04934 Filed 3–4–16; 8:45 am]            representative of miners to file a
                                                    an information collection, unless it is                 BILLING CODE 4510–FW–P                                petition to modify the application of any
                                                    approved by the OMB under the PRA                                                                             mandatory safety standard to a coal or
                                                    and displays a currently valid OMB                                                                            other mine if the Secretary of Labor
                                                    Control Number. In addition,                            DEPARTMENT OF LABOR                                   determines that:
                                                    notwithstanding any other provisions of                                                                         1. An alternative method of achieving
                                                    law, no person shall generally be subject               Mine Safety and Health Administration                 the result of such standard exists which
                                                    to penalty for failing to comply with a                                                                       will at all times guarantee no less than
                                                    collection of information if the                        Petitions for Modification of                         the same measure of protection afforded
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    collection of information does not                      Application of Existing Mandatory                     the miners of such mine by such
                                                    display a valid Control Number. See 5                   Safety Standards                                      standard; or
                                                    CFR 1320.5(a) and 1320.6. For                           AGENCY: Mine Safety and Health                          2. That the application of such
                                                    additional information, see the related                 Administration, Labor.                                standard to such mine will result in a
                                                    notice published in the Federal Register                ACTION: Notice.                                       diminution of safety to the miners in
                                                    on July 2, 2015 (80 FR 38233).                                                                                such mine.
                                                       Interested parties are encouraged to                 SUMMARY: Section 101(c) of the Federal                  In addition, the regulations at 30 CFR
                                                    send comments to the OMB, Office of                     Mine Safety and Health Act of 1977 and                44.10 and 44.11 establish the


                                               VerDate Sep<11>2014   18:37 Mar 04, 2016   Jkt 238001   PO 00000   Frm 00104   Fmt 4703   Sfmt 4703   E:\FR\FM\07MRN1.SGM   07MRN1


                                                    11842                          Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices

                                                    requirements and procedures for filing                  final pillar recovery, the downward                   experienced measurable liberations of
                                                    petitions for modification.                             trends are expected to continue.                      methane to date.
                                                                                                               The petitioner asserts that the                      The petitioner asserts that the
                                                    II. Petitions for Modification                                                                                proposed alternative method will
                                                                                                            proposed alternative method will
                                                       Docket Number: M–2016–002–C.                         provide no less than the same measure                 provide no less than the same measure
                                                       Petitioner: Clinton M Wynn Mining,                   of protection afforded the miners under               of protection afforded the miners under
                                                    419 Shingara Lane, Sunbury,                             the existing standard.                                the existing standard.
                                                    Pennsylvania 17801.                                        Docket Number: M–2016–003–C.                         Docket Number: M–2016–004–C.
                                                       Mine: Bottom Rock Slope, MSHA I.D.                      Petitioner: Clinton M Wynn Mining,                   Petitioner: Clinton M Wynn Mining,
                                                    No. 36–10110, located in                                419 Shingara Lane, Sunbury,                           419 Shingara Lane, Sunbury,
                                                    Northumberland County, Pennsylvania.                    Pennsylvania 17801.                                   Pennsylvania 17801.
                                                       Regulation Affected: 30 CFR 49.2(b)                     Mine: Bottom Rock Slope, MSHA I.D.                   Mine: Bottom Rock Slope, MSHA I.D.
                                                    (Availability of mine rescue teams).                    No. 36–10110, located in                              No. 36–10110, located in
                                                       Modification Request: The petitioner                 Northumberland County, Pennsylvania.                  Northumberland County, Pennsylvania.
                                                    requests a modification of the existing                                                                         Regulation Affected: 30 CFR 75.360
                                                                                                               Regulation Affected: 30 CFR 75.335
                                                    standard to permit the reduction of two                                                                       (Preshift examination at fixed intervals).
                                                                                                            (Seal strength, design application, and                 Modification Request: The petitioner
                                                    mine rescue teams with five members                     installation).                                        requests a modification of the existing
                                                    and one alternate each to two mine                         Modification Request: The petitioner               standard to permit an alternative
                                                    rescue teams of three members with one                  requests a modification of the existing               method of examination and evaluation,
                                                    alternate for either team. The petitioner               standard to permit an alternative                     including a visual examination of each
                                                    states that:                                            method of seal construction employing                 seal, for physical damage from the slope
                                                       (1) The underground mine is a small                  wooden material of moderate size and                  gunboat during the pre-shift
                                                    mine and there is hardly enough                         weight due to the difficulty in accessing             examination to occur after an air
                                                    physical room to accommodate more                       previously driven headings and breasts                quantity reading is taken just inby the
                                                    than three or four miners in the working                containing the inaccessible abandoned                 intake portal. An additional air reading
                                                    places. An attempt to utilize five or                   workings through the use of homemade                  and gas test for methane and oxygen
                                                    more rescue team members in the                         ladders. The petitioner requests that a               deficiency will then be taken at the
                                                    mine’s confined working places would                    design criteria in the 10 psi range be                intake air split location(s) just off the
                                                    result in a diminution of safety to both                accepted due to the non-explosibility of              slope in the gangway portion of the
                                                    the miners at the mine and members of                   anthracite coal dust and minimal                      working section. The examiner will
                                                    the rescue team.                                        potential for either an accumulation of               place the date, time, and their initials at
                                                       (2) Records of Mine Emergency                        methane in previously mined pitching                  the locations where air readings and gas
                                                    responses over the last 20 years indicate               veins or an ignition source in the gob                tests are taken and the results will be
                                                    that rescue and recovery operations                     area. The petitioner states that seals                properly recorded prior to anyone
                                                    conducted by Anthracite Underground                     installed in pairs permit the water trap              entering the mine.
                                                    Rescue, Inc. (AUGR) have never utilized                 to be installed only in the gangway seal                The slope will be traveled and
                                                    more than one team. In addition, when                   (lowest elevation) and sampling tube in               physically examined for its entire length
                                                    one rescue team was utilized there were                 the monkey (higher elevation) seal. The               on a monthly basis with dates, times
                                                    no more than three members traveling to                 petitioner also states that:                          and initials placed at sufficient
                                                    a working place simultaneously.                            (1) The required transportation of                 locations throughout, and results of the
                                                       (3) The electric power does not reach                solid concrete blocks or equivalent                   examination recorded on the surface.
                                                    beyond the bottom of the slope.                         materials manually on ladders on                      Any hazards found will be corrected
                                                    Therefore, all coal haulage is done by                  pitching anthracite veins will expose                 prior to personnel transportation in the
                                                    hand trammed cars or battery electric                   miners to greater hazard(s) of falling,               slope. The petitioner states that:
                                                    motor and car at very slow rates of                     being struck by falling materials or                    (1) The intake haulage slope on
                                                    speed. These facts considerably reduce                  resulting strains or sprains due to the               moderate to steep pitch of 66 degrees is
                                                    the risk of a disaster and the need for                 weight of the materials.                              equipped with a ladder as part of its
                                                    as many mine rescue team members as                        (2) No evidence of ignition in                     escapeway requirement. If an
                                                    required by the regulations.                            accessible abandoned anthracite                       examination had to be conducted,
                                                       (4) The employment in the                            workings has been found to date.                      platforms across the ladder at multiple
                                                    underground anthracite mines has                           (3) In veins pitching greater than 45              locations would require miners to climb
                                                    decreased substantially and the ratio of                degrees the weight of the seal is                     around each platform obstruction,
                                                    mine rescue teams to underground                        transferred to the low side rib (coal).               significantly increasing a fall hazard
                                                    miners has correspondingly been                            (4) Irregularly shaped anthracite                  down the slope.
                                                    reduced. The loss of the underground                    openings would require substantial                      (2) If examinations were conducted
                                                    work force dramatically reduces the                     cutting of rectangular blocks to insure               and platforms not provided, a
                                                    pool of qualified people available to fill              proper tie-in to hitches in the top rock,             significant injury or fall potential exists
                                                    mine rescue positions.                                  bottom rock and low side coal rib.                    each time a miner gets in and out of the
                                                       (5) Pennsylvania Deep Mine Safety                       (5) Concrete block and mortar                      gunboat.
                                                    presently has four deep mine inspectors                 construction for openings parallel to the               (3) Accurate air readings cannot be
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                                                    that have deep mine rescue training and                 pitching vein would be almost                         obtained with the gunboat blocking a
                                                    are pledged to assist if required in an                 impossible to construct and subject to                major portion of the intake slope. If
                                                    emergency. In addition, the surrounding                 failure merely by its own weight.                     platforms were installed across the
                                                    small mines have always provided                           (6) Isolation of inaccessible                      intake almost total restriction of the
                                                    assistance during mine emergencies.                     abandoned workings from an active                     mine’s only intake would occur.
                                                       (6) As a result of poor market                       section will permit natural venting of                  (4) Since the intake haulage slope is
                                                    conditions and a significant number of                  any potential methane build-up through                the mine’s only intake, oxygen
                                                    underground mines now conducting                        surface breeches, and the mine has not                deficiency is highly unlikely.


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                                                                                   Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices                                             11843

                                                       (5) Due to wet conditions in the mine,               contours provide no useful information                basis from the initial survey in lieu of
                                                    dates, times, and initials frequently                   and their presence would make portions                every 6 months as required. The
                                                    disappear in a matter of hours.                         of the map illegible.                                 petitioner proposes to continue to
                                                       (6) Anthracite coal historically                        (2) Use of cross-sections in lieu of               update the mine map by hand notations
                                                    liberates methane only during active                    contour lines has been practiced since                on a daily basis and conduct subsequent
                                                    mining thereby eliminating the                          the late 1800’s and provides critical                 surveys prior to commencing retreat
                                                    likelihood of methane leaking from                      information relative to the spacing                   mining, and whenever either a drilling
                                                    inaccessible abandoned areas into the                   between vein and proximity to other                   program is required by § 75.388 or plan
                                                    intake slope. Any such leakage would                    mine workings which fluctuate                         for mining into inaccessible areas is
                                                    be detected at the proposed sampling                    considerably.                                         required by § 75.389. The petitioner
                                                    location at each intake air split on the                   (3) The vast majority of current                   states that:
                                                    gangway.                                                underground anthracite mining involves                   (1) The low production and slow rate
                                                       (7) The return slope airway is located               either second mining of remnant pillars               of advance in anthracite mining make
                                                    immediately adjacent to the intake slope                from previous mining/mine operators or                surveying on 6-month intervals
                                                    and air leakage would occur toward the                  the mining of veins of lower quality in               impractical. In most cases annual
                                                    return.                                                 proximity to inaccessible and frequently              development is frequently limited to
                                                       (8) While air losses from the intake to              flooded abandoned mine workings                       less than 500 feet of gangway advance
                                                    the return slopes are anticipated, a                    which may or may not be mapped.                       with associated up-pitch development.
                                                    significant change in readings from                        (4) All mapping for mines above and                   (2) The vast majority of small
                                                    those of the previous day to week would                 below is researched by the petitioner’s               anthracite mines use non-mechanized,
                                                    warrant additional air readings and gas                 contract engineer for the presence of                 hand-loading mining methods.
                                                    test at various locations in the slope.                 interconnecting rock tunnels between                     (3) Development above the active
                                                    Significant changes in readings,                        veins in relation to the mine and a                   gangway is designed to mine into the
                                                    however, occur on a seasonal basis as a                 hazard analysis is done when mapping                  level above at designated intervals
                                                    result of natural ventilation changes and               indicates the presence of known or                    thereby maintaining sufficient control
                                                    should not be use as a basis for                        potentially flooded workings.                         between both surveyed gangways.
                                                    evaluating the efficiency of the mine’s                    (5) When no rock tunnel connections                   (4) The available engineering/
                                                    ventilation system.                                     are found, mine workings found to exist               surveyor resources are limited in the
                                                       (9) Only increases in air quantity                   beyond 100 feet from the mine are                     anthracite coal fields. Surveying on an
                                                    readings obtained just inby the slope                   recognized as presenting no hazard to                 annual basis is difficult to achieve with
                                                    portal when measured in the slope are                   the mine due to the pitch of the vein                 four individual contractors currently
                                                    indicative of air leakage through seals in              rock separation between.                              available.
                                                    the wrong direction.                                       (6) The mine workings above and                       The petitioner asserts that the
                                                       (10) Examination of the intake                       below are usually inactive and                        proposed alternative method will
                                                    haulage slope on a monthly basis will                   abandoned and not usually subject to                  provide no less than the same measure
                                                    ensure the safety of miners traveling the               changes during the life of the mine.                  of protection afforded the miners under
                                                    intake escapeway and significantly                         (7) Where evidence indicates prior                 the existing standard.
                                                    minimize the fall hazard potential of                   mining was conducted on a vein above
                                                    miners conducting examinations.                                                                                  Docket Number: M–2016–007–C.
                                                                                                            or below and research exhausts the                       Petitioner: Clinton M Wynn Mining,
                                                       The petitioner asserts that the
                                                                                                            availability of mine mapping, the vein                419 Shingara Lane, Sunbury,
                                                    proposed alternative method will
                                                                                                            will be considered to be mined and                    Pennsylvania 17801.
                                                    provide no less than the same measure
                                                                                                            flooded and appropriate precautions                      Mine: Bottom Rock Slope, MSHA I.D.
                                                    of protection afforded the miners under
                                                                                                            taken through § 75.388, where possible.               No. 36–10110, located in
                                                    the existing standard.
                                                                                                               (8) Where potential hazards exist and              Northumberland County, Pennsylvania.
                                                       Docket Number: M–2016–005–C.                         in mine drilling capabilities limit
                                                       Petitioner: Clinton M Wynn Mining,                                                                            Regulation Affected: 30 CFR 75.1400
                                                                                                            penetration, surface boreholes may be                 (Hoisting equipment; general).
                                                    419 Shingara Lane, Sunbury,
                                                                                                            used to intercept the workings and the                   Modification Request: The petitioner
                                                    Pennsylvania 17801.
                                                       Mine: Bottom Rock Slope, MSHA I.D.                   results analyzed prior to the beginning               requests a modification of the existing
                                                    No. 36–10110, located in                                of mining in the affected area.                       standard to permit the use of a gunboat
                                                    Northumberland County, Pennsylvania.                       The petitioner asserts that the                    to transport persons without safety
                                                       Regulation Affected: 30 CFR                          proposed alternative method will                      catches or other no less effective devices
                                                    75.1200(d) & (i) (Mine map).                            provide no less than the same measure                 because, to date, no such safety catch or
                                                       Modification Request: The petitioner                 of protection afforded the miners under               device is available for steeply pitching
                                                    requests a modification of the existing                 the existing standard.                                and undulating slopes with numerous
                                                    standard to permit the use of cross-                       Docket Number: M–2016–006–C.                       curves and knuckles present in the main
                                                    sections in lieu of contour lines through                  Petitioner: Clinton M Wynn Mining,                 haulage slopes of anthracite mines.
                                                    the intake slope, at locations of rock                  419 Shingara Lane, Sunbury,                           These mines range in length from 30 to
                                                    tunnel connections between veins, and                   Pennsylvania 17801.                                   4200 feet and vary in pitch from 12
                                                    at 1,000 feet intervals of advance from                    Mine: Bottom Rock Slope, MSHA I.D.                 degrees and 75 degrees. The petitioner
                                                    the intake slope and to limit the                       No. 36–10110, located in                              states that:
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                                                    required mapping of miner workings                      Northumberland County, Pennsylvania.                     (1) A functional safety catch has not
                                                    above and below to those present within                    Regulation Affected: 30 CFR 75.1202                yet been developed; consequently, the
                                                    100 feet of the vein(s) being mined                     and 75.1202–1(a) (Temporary notations,                makeshift devices, if installed, would be
                                                    unless veins are interconnected to other                revisions and requirements).                          activated on knuckles and curves when
                                                    veins beyond the 100 feet limit, through                   Modification Request: The petitioner               no emergency exists causing a tumbling
                                                    rock tunnels. The petitioner states that:               requests a modification of the existing               effect on the conveyance that would
                                                       (1) Due to the steep pitch encountered               standard to permit the required interval              increase rather than decrease the hazard
                                                    in mining anthracite coal veins,                        of survey to be established on an annual              to miners.


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                                                    11844                          Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices

                                                      (2) As an alternative, the petitioner                 OVERSEAS PRIVATE INVESTMENT                              Affected Public: Individuals.
                                                    proposes to operate the man cage or                     CORPORATION                                              Respondents Obligation to Reply:
                                                    steel gunboat with secondary safety                                                                           Voluntary.
                                                    connections securely fastened around                    Sunshine Act Cancellation Notice—                        Respondents: Potential and current
                                                    the gunboat and to the hoisting rope                    OPIC March 9, 2016 Public Hearing                     volunteers.
                                                    above the main connecting device and                                                                             Burdent to the Public:
                                                                                                               OPIC’s Sunshine Act notice of its                     a. Estimated number of respondents:
                                                    use hoisting ropes having a factor of                   Public Hearing in Conjunction with                    400.
                                                    safety in excess of the 4 to 8 to 1 as                  each Board meeting was published in                      b. Estimated average burden per
                                                    suggested in the American Standards                     the Federal Register (Volume 81,                      response: 75 minutes.
                                                    Specifications for the Use of Wire Rope                 Number 30, Page 7847) on Tuesday,                        c. Frequency of response: One Time.
                                                    for Mines.                                              February 16, 2016. No requests were                      d. Annual reporting burden: 500
                                                      The petitioner asserts that the                       received to provide testimony or submit               hours.
                                                                                                            written statements for the record;                       General description of collection:
                                                    proposed alternative method will
                                                                                                            therefore, OPIC’s public hearing                      Durable medical equipment (DME is any
                                                    provide no less than the same measure
                                                                                                            scheduled for 2 p.m., March 9, 2016 in                equipment that provides therapeutic
                                                    or protection afforded the miners under                 conjunction with OPIC’s March 17, 2016
                                                    the existing standard.                                                                                        benefits to a patient in need because of
                                                                                                            Board of Directors meeting has been                   certain medical conditions and/or
                                                    Sheila McConnell,                                       cancelled.                                            illness. They consist of items that are
                                                                                                               Contact Person for Information:                    primarily and customarily used to serve
                                                    Acting Director, Office of Standards,
                                                    Regulations, and Variances.
                                                                                                            Information on the hearing cancellation               a medical purpose; are not useful to a
                                                                                                            may be obtained from Catherine F.I.                   person in the absence of illness or
                                                    [FR Doc. 2016–04930 Filed 3–4–16; 8:45 am]
                                                                                                            Andrade at (202) 336–8768, or via email               injury; are ordered or prescribed by a
                                                    BILLING CODE 4520–43–P                                  at Catherine.Andrade@opic.gov.                        physician; are reusable; can stand
                                                                                                              Dated: March 3, 2016.                               repeated use, and are appropriate for
                                                                                                            Catherine F.I. Andrade,                               use in the home. Other devices covered
                                                    NATIONAL SCIENCE FOUNDATION                             OPIC Corporate Secretary.                             in this guidance include prosthetic
                                                                                                            [FR Doc. 2016–05166 Filed 3–3–16; 4:15 pm]            equipment (cardiac pacemakers),
                                                    Committee Management; Renewals                          BILLING CODE 3210–01–P                                hearing aids, orthotic items (artificial
                                                                                                                                                                  devices such as braces and splints), and
                                                      The NSF management officials having                                                                         prostheses (artificial body parts). The
                                                    responsibility for three advisory                       PEACE CORPS                                           information collected will assist in the
                                                    committees listed below have                                                                                  determination of Peace Corps eligibility.
                                                    determined that renewing these groups                   Information Collection Request                        If eligible, it will assist with ongoing
                                                    for another two years is necessary and                  Submission for OMB Review                             care during service. All applicants to the
                                                    in the public interest in connection with                                                                     Peace Corps must have a medical
                                                                                                            AGENCY:Peace Corps.                                   clearance that will determine their
                                                    the performance of duties imposed upon                        60-Day notice and request for
                                                                                                            ACTION:
                                                    the Director, National Science                                                                                ability to serve in a particular country.
                                                                                                            comments.                                                Request for Comment: Peace Corps
                                                    Foundation (NSF), by 42 U.S.C. 1861 et
                                                                                                            SUMMARY:   The Peace Corps will be                    invites comments on whether the
                                                    seq. This determination follows                                                                               proposed collections of information are
                                                    consultation with the Committee                         submitting the following information
                                                                                                            collection request to the Office of                   necessary for proper performance of the
                                                    Management Secretariat, General                                                                               functions of the Peace Corps, including
                                                    Services Administration.                                Management and Budget (OMB) for
                                                                                                            review and approval. The purpose of                   whether the information will have
                                                    Committees                                              this notice is to allow 60 days for public            practical use; the accuracy of the
                                                                                                            comment in the Federal Register                       agency’s estimate of the burden of the
                                                    Advisory Committee for Environmental                    preceding submission to OMB. We are                   proposed collection of information,
                                                      Research and Education, #9487                         conducting this process in accordance                 including the validity of the information
                                                    Proposal Review Panel for Industrial                    with the Paperwork Reduction Act of                   to be collected; and, ways to minimize
                                                      Innovations and Partnerships, #28164                  1995 (44 U.S.C. Chapter 35).                          the burden of the collection of
                                                                                                                                                                  information on those who are to
                                                    Proposal Review Panel for Emerging                      DATES: Submit comments on or before
                                                                                                                                                                  respond, including through the use of
                                                      Frontiers and Multidisciplinary                       May 6, 2016.
                                                                                                                                                                  automated collection techniques, when
                                                      Activities #34558, (formerly Emerging                 ADDRESSES: Comments should be
                                                                                                                                                                  appropriate, and other forms of
                                                      Frontiers in Research and Innovation)                 addressed to Denora Miller, FOIA/                     information technology.
                                                                                                            Privacy Act Officer. Denora Miller can
                                                      Effective date for renewal is March 3,                be contacted by telephone at 202–692–                   This notice is issued in Washington, DC on
                                                    2016. For more information, please                      1236 or email at pcfr@peacecorps.gov.                 March 1, 2016.
                                                    contact Crystal Robinson, NSF, at (703)                 Email comments must be made in text                   Denora Miller,
                                                    292–8687.                                               and not in attachments.                               FOIA/Privacy Act Officer, Management.
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      [FR Doc. 2016–04899 Filed 3–4–16; 8:45 am]
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                                                      Dated: March 3, 2016.
                                                    Crystal Robinson,                                       Denora Miller at Peace Corps address                  BILLING CODE 6051–01–P
                                                                                                            above.
                                                    Committee Management Officer.
                                                    [FR Doc. 2016–05075 Filed 3–4–16; 8:45 am]              SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  PEACE CORPS
                                                                                                              Title: Durable Medical Equipment
                                                    BILLING CODE 7555–01–P
                                                                                                            (DME).                                                Information Collection Request;
                                                                                                              OMB Control Number: 0420–XXXX.                      Submission for OMB Review
                                                                                                              Type of Request: New information
                                                                                                            collection.                                           AGENCY:   Peace Corps.


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Document Created: 2018-02-02 15:08:00
Document Modified: 2018-02-02 15:08:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petitions must be received by the MSHA's Office of Standards, Regulations, and Variances on or before April 6, 2016.
ContactBarbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Facsimile). [These are not toll-free numbers.]
FR Citation81 FR 11841 

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