81_FR_24972 81 FR 24891 - Petitions for Modification of Application of Existing Mandatory Safety Standards

81 FR 24891 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24891-24892
FR Document2016-09798

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 81 (Wednesday, April 27, 2016) 
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24891-24892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09798]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations 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 May 27, 
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, 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

[[Page 24892]]

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-2016-010-C.
    Petitioner: Buckingham Coal Company, P.O. Box 400, Corning, Ohio 
43730-0400.
     Mine: Buckingham Mine #6, MSHA I.D. No. 33-04526, located in Perry 
County, Ohio.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the mine not to provide blow-off dust covers 
on deluge-type system nozzles under existing 30 CFR 75.1101-1(b). The 
functional tests required of the deluge system each year will instead 
be done weekly. The petitioner states that the #6 Mine maintains more 
than adequate pressure and flow rates for the deluge system, and in 
some tests, the dust covers do not come off all sprays. The petitioner 
further states that:
    (1) By doing the functional test weekly, all sprays can be 
inspected and maintained on a weekly basis.
    (2) The dust covers provide protection for sprays which are tested 
yearly and by testing weekly the covers are not necessary.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure or protection 
afforded by the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-09798 Filed 4-26-16; 8:45 am]
 BILLING CODE 4520-43-P

Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices 24891 currently considered ‘‘inactive’’ by (a) If a refuge alternative is removed DEPARTMENT OF LABOR MSHA but mining is occurring within from service, the operator will withdraw the boundaries of the mine. The mines all persons from the area serviced by the Mine Safety and Health Administration consist of both development and refuge alternative, except those persons production headings. Activities include Petitions for Modification of referred to in § 104(c) of the Mine Act. drilling, blasting, scaling, loading, and Application of Existing Mandatory (b) Refuge alternative components Safety Standards hauling of ore. removed from service will be replaced (2) All of Doe Run’s mines access the AGENCY: Mine Safety and Health or be repaired for return to service in elevation where the ore bodies are Administration, Labor. located by means of shafts. The ore body accordance with the manufacturer’s specifications. ACTION: Notice. is accessed horizontally from such shafts. Each mine has two escapeways (v) At all times, the site and area SUMMARY: Section 101(c) of the Federal from what would be considered the around the refuge alternative will be Mine Safety and Health Act of 1977 and lowest levels of each mine. kept clear of machinery, materials, and Title 30 of the Code of Federal (3) Provision of two escapeways from obstructions that could interfere with Regulations Part 44 govern the each working area will be difficult, the deployment or use of the refuge application, processing, and disposition burdensome and unnecessarily costly. It alternative. of petitions for modification. This notice will involve, in part, mining areas (vi) Each refuge alternative will be is a summary of petitions for where there is no ore present and it will modification submitted to the Mine conspicuously identified with a sign or consume extensive periods of time. Safety and Health Administration marker as follows: There are numerous areas at issue and (MSHA) by the parties listed below. abatement may involve millions of (a) A sign or marker made of a DATES: All comments on the petitions dollars of expense in certain areas. reflective material with the word ‘‘Refuge’’ will be posted conspicuously must be received by the MSHA’s Office (4) As an alternative to compliance to of Standards, Regulations, and the existing standard 30 CFR 57.11050, at each refuge alternative. Variances on or before May 27, 2016. the petitioner proposes the following: (b) Directional signs made of a (a) All active mining headings or ADDRESSES: You may submit your reflective material will be posted comments, identified by ‘‘docket development headings with more than leading to each refuge alternative 1000 feet of single access drift in the number’’ on the subject line, by any of location. the following methods: roadway leading to it will have a Designated Point of Safety (DPOS) (vii) During the use of the refuge 1. Electronic Mail: zzMSHA- within 1000 feet of every working alternative, the atmosphere within the comments@dol.gov. Include the docket heading. refuge alternative will be monitored. number of the petition in the subject (b) In cases where the mining area Changers or adjustments will be made to line of the message. opens up to multiple drifts inby the reduce the concentration of carbon 2. Facsimile: 202–693–9441. 1000 feet of single access, the DPOS will dioxide to 1 percent or less and 3. Regular Mail or Hand Delivery: be placed inby the last point of single excursions not exceeding 2.5 percent; MSHA, Office of Standards, access but not necessarily within 1000 and to reduce the concentration of Regulations, and Variances, 201 12th feet of all working faces. carbon monoxide to 25 ppm or less. Street South, Suite 4E401, Arlington, (c) Portable escape hoist vent shafts Oxygen will be maintained at 18.5 to 23 Virginia 22202–5452, Attention: Sheila and roadways to other mines ‘‘inby’’ the percent. McConnell, Director, Office of 1000 feet of single access will eliminate Standards, Regulations, and Variances. (viii) Refuge alternatives will contain Persons delivering documents are the need for a DPOS. a fire extinguisher that: (d) The DPOS for each work area that required to check in at the receptionist’s does not have two escapeways from the (a) Meets the requirements for desk in Suite 4E401. Individuals may work area will comply with portable fire extinguishers used in inspect copies of the petitions and requirements for refuge alternatives in underground coal mines under this part; comments during normal business 30 CFR part 7, specifically as follows: (b) Is appropriate for extinguishing hours at the address listed above. (i) Prefabricated self-contained units, fires involving the chemical used for MSHA will consider only comments including the structural breathable air, postmarked by the U.S. Postal Service or harmful gas removal; and air monitoring, and harmful gas removal proof of delivery from another delivery (c) Uses of low-toxicity extinguishing service such as UPS or Federal Express components of the unit will be agent that does not produce a hazardous on or before the deadline for comments. approved under 30 CFR part 7. (ii) Refuge alternatives will provide at by-product when activated. FOR FURTHER INFORMATION CONTACT: least 15 square feet of floor space per The petitioner asserts that the Barbara Barron, Office of Standards, person and 30 to 60 cubic feet of volume proposed alternative method will at all Regulations, and Variances at 202–693– per person. The airlock can be included times guarantee no less than the same 9447 (Voice), barron.barbara@dol.gov in the space and volume if waste is measure of protection afforded by the (Email), or 202–693–9441 (Facsimile). disposed outside the refuge alternative. existing standard. [These are not toll-free numbers.] (iii) The operator will protect the asabaliauskas on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: Sheila McConnell, refuge alternative and contents from damage during transportation, Director, Office of Standards, Regulations, I. Background installation, and storage. and Variances. Section 101(c) of the Federal Mine (iv) A refuge alternative will be [FR Doc. 2016–09797 Filed 4–26–16; 8:45 am] Safety and Health Act of 1977 (Mine removed from service if examination BILLING CODE 4520–43–P Act) allows the mine operator or reveals damage that interferes with the representative of miners to file a functioning of the refuge alternative or petition to modify the application of any any component. mandatory safety standard to a coal or VerDate Sep<11>2014 17:29 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

24892 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices other mine if the Secretary of Labor LIBRARY OF CONGRESS Please note that the roundtable determines that: hearing rooms, in New York and U.S. Copyright Office California, will have a limited number 1. An alternative method of achieving the result of such standard exists which [Docket No. 2015–7] of seats for participants and observers. will at all times guarantee no less than For individuals who wish to observe a Section 512 Study: Notice of Location roundtable, the Office will provide the same measure of protection afforded Change for California Public public seating on a first-come, first- the miners of such mine by such Roundtables served basis on the days of the standard; or roundtables. 2. That the application of such AGENCY: U.S. Copyright Office, Library Individuals selected for participation standard to such mine will result in a of Congress. in one or more of the roundtable diminution of safety to the miners in ACTION: Notice of location change for sessions have been notified directly by such mine. California public roundtables. the Office. For additional information In addition, the regulations at 30 CFR SUMMARY: The United States Copyright about the specific topics to be covered 44.10 and 44.11 establish the Office has changed the location of the at the roundtables, please see http:// requirements and procedures for filing May 12 and 13, 2016 public roundtables copyright.gov/policy/section512/public- petitions for modification. on the section 512 study. The Office roundtable/participate-request.html. announced the public roundtables in Dated: April 22, 2016. II. Petitions for Modification New York and California by notice in Jacqueline C. Charlesworth, the Federal Register on March 18, 2016. General Counsel and Associate Register of Docket Number: M–2016–010–C. See 81 FR 14896. The May 12 and 13, Copyrights, U.S. Copyright Office. Petitioner: Buckingham Coal 2016 public roundtables in California [FR Doc. 2016–09869 Filed 4–26–16; 8:45 am] Company, P.O. Box 400, Corning, Ohio will now be held in Courtroom 4 of the BILLING CODE 1410–30–P 43730–0400. Ninth Circuit James R. Browning Mine: Buckingham Mine #6, MSHA Courthouse, 95 Seventh Street, San I.D. No. 33–04526, located in Perry Francisco, California 94103. NATIONAL AERONAUTICS AND County, Ohio. Dates and Addresses SPACE ADMINISTRATION Regulation Affected: 30 CFR 75.1101– The California roundtable will take 1(b) (Deluge-type water spray systems). place on May 12 and 13, 2016, from 9:00 [Notice: 16–030] Modification Request: The petitioner a.m. to 5:00 p.m. on both days, and will be held in Courtroom 4 of the Ninth Aerospace Safety Advisory Panel; requests a modification of the existing Meeting standard to allow the mine not to Circuit James R. Browning Courthouse, provide blow-off dust covers on deluge- 95 Seventh Street, San Francisco, AGENCY: National Aeronautics and type system nozzles under existing 30 California 94103. Space Administration (NASA). CFR 75.1101–1(b). The functional tests FOR FURTHER INFORMATION CONTACT: ACTION: Notice of meeting. required of the deluge system each year Jacqueline C. Charlesworth, General will instead be done weekly. The Counsel and Associate Register of SUMMARY: In accordance with the petitioner states that the #6 Mine Copyrights, jcharlesworth@loc.gov; or Federal Advisory Committee Act, Public maintains more than adequate pressure Karyn Temple Claggett, Director of the Law 92–463, as amended, the National Office of Policy and International Aeronautics and Space Administration and flow rates for the deluge system, Affairs and Associate Register of announces a forthcoming meeting of the and in some tests, the dust covers do not Copyrights, kacl@loc.gov. Both can be Aerospace Safety Advisory Panel. come off all sprays. The petitioner reached by telephone at 202–707–8350. DATES: Thursday, May 12, 2016, 10:30 further states that: SUPPLEMENTARY INFORMATION: On a.m. to 11:45 a.m., Central Time. (1) By doing the functional test December 31, 2015, the Copyright Office ADDRESSES: NASA Marshall Space weekly, all sprays can be inspected and issued a Notice of Inquiry seeking Flight Center, Building 4200, Room 600, maintained on a weekly basis. public comment on thirty topics Huntsville, Alabama 35812. (2) The dust covers provide protection concerning the efficiency and FOR FURTHER INFORMATION CONTACT: Ms. for sprays which are tested yearly and effectiveness of section 512 of Title 17. Marian Norris, Aerospace Safety by testing weekly the covers are not See 80 FR 81862. The Office then issued Advisory Panel Administrative Officer, necessary. a notice of public roundtables on March NASA Headquarters, Washington, DC 18, 2016 announcing two two-day The petitioner asserts that the 20546, (202) 358–4452 or mnorris@ public roundtables on section 512 to be proposed alternative method will at all nasa.gov. held in New York, New York on May 2 times guarantee no less than the same and 3, 2016, and Stanford, California on SUPPLEMENTARY INFORMATION: The measure or protection afforded by the May 12 and 13, 2016. See 81 FR 14896. Aerospace Safety Advisory Panel existing standard. Interested members of the public were (ASAP) will hold its Second Quarterly Sheila McConnell, directed to submit participation requests Meeting for 2016. This discussion is through forms posted on the Office’s pursuant to carrying out its statutory asabaliauskas on DSK3SPTVN1PROD with NOTICES Director, Office of Standards, Regulations, duties for which the Panel reviews, Web site no later than April 11, 2016. and Variances. Due to the significant level of interest identifies, evaluates, and advises on [FR Doc. 2016–09798 Filed 4–26–16; 8:45 am] in the proceeding, the Office has those program activities, systems, BILLING CODE 4520–43–P decided to move the location of the procedures, and management activities California roundtable to Courtroom 4 of that can contribute to program risk. the Ninth Circuit James R. Browning Priority is given to those programs that Courthouse, 95 Seventh Street, San involve the safety of human flight. The Francisco, California 94103. agenda will include: VerDate Sep<11>2014 17:29 Apr 26, 2016 Jkt 238001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1


Document Created: 2018-02-07 13:55:48
Document Modified: 2018-02-07 13:55:48
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 May 27, 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 24891 
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