81_FR_30441 81 FR 30347 - Petitions for Modification of Application of Existing Mandatory Safety Standards

81 FR 30347 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range30347-30348
FR Document2016-11433

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 94 (Monday, May 16, 2016) 
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30347-30348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11433]


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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 June 15, 
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 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-2016-011-C.
    Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning, 
Pennsylvania 16201.
    Mine: Tom's Run Mine, MSHA I.D. No. 36-08525, located in Indiana 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.503 (Permissible electric face 
equipment; maintenance) and 18.35(a)(5)(i) (Portable (trailing) cables 
and cords).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of 480-volt trailing cables with a 
maximum length of 1100 feet when No. 2 American Wire Gauge (AWG) cable 
is used on DBT roof bolters. The petitioner states that:
    (1) The trailing cables for the 480-volt DBT bolters will not be 
smaller than No. 2 AWG cable.
    (2) All circuit breakers used to protect the No. 2 AWG trailing 
cable exceeding 700 feet in length will have instantaneous trip units 
calibrated to trip at 714 amperes +/- 5%. The trip setting of these 
circuit breakers will be sealed to ensure that the settings on these 
breakers cannot be changed, and these circuit breakers will have 
permanent, legible labels. Each label will identify the circuit breaker 
as being suitable for protecting the cables as listed above.
    (3) Replacement circuit breakers and/or instantaneous trip units 
used to protect the No. 2 AWG trailing cable will be calibrated to trip 
at 714 amperes +/- 5%, and they will be sealed.
    (4) All components that provide short-circuit protection will have 
a sufficient interruption rating in accordance with

[[Page 30348]]

the maximum calculated fault currents available.
    (5) During each production day, the trailing cables and the circuit 
breakers will be examined in accordance with all 30 CFR provisions.
    (6) Permanent warning labels will be installed and maintained on 
the load center identifying the location of each short-circuit 
protection device. These labels will warn miners not to change or alter 
the settings of these devices.
    (7) If the affected trailing cables are damaged in any way during 
the shift, the cable will be de-energized and repairs made.
    (8) The alternative method will not be implemented until all miners 
who have been designated to operate the bolters, or any other person 
designated to examine the trailing cables or trip settings on the 
circuit breakers, have received the proper training as to the 
performance of their duties.
    (9) Within 60 days after the proposed decision and order becomes 
final, the petitioner will submit proposed revisions for their approved 
30 CFR part 48 training plans to the District Manager. These revisions 
will specify task training for miners designated to examine the 
trailing cables for safe operating condition and verify that the short-
circuit settings of the circuit-interrupting devices that protect the 
affected trailing cables do not exceed the settings specified 
previously in this petition. The training will include the following 
elements:
    (a) The hazards of setting short-circuit interrupting device(s) too 
high to adequately protect the trailing cables.
    (b) How to verify that the circuit interrupting device(s) 
protecting the trailing cable(s) are properly set and maintained.
    (c) Mining methods and operating procedures that will protect the 
trailing cables against damage.
    (d) Proper procedures for examining the trailing cables to ensure 
that the cables are in safe operating condition by visually inspecting 
the entire cable, observing the insulation, the integrity of splices, 
nicks and abrasions.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-11433 Filed 5-13-16; 8:45 am]
 BILLING CODE 4520-43-P

Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices 30347 information collection under Control Total Estimated Annual Other Costs SUPPLEMENTARY INFORMATION: Number 1205–0224. Burden: $0. OMB authorization for an ICR cannot I. Background Authority: 44 U.S.C. 3507(a)(1)(D). be for more than three (3) years without Section 101(c) of the Federal Mine renewal, and the current approval for Dated: May 9, 2016. Safety and Health Act of 1977 (Mine this collection is scheduled to expire on Michel Smyth, Act) allows the mine operator or May 31, 2016. The DOL seeks to extend Departmental Clearance Officer. representative of miners to file a PRA authorization for this information [FR Doc. 2016–11462 Filed 5–13–16; 8:45 am] petition to modify the application of any collection for three (3) more years, BILLING CODE 4510–FR–P mandatory safety standard to a coal or without any change to existing other mine if the Secretary of Labor requirements. The DOL notes that determines that: existing information collection DEPARTMENT OF LABOR 1. An alternative method of achieving requirements submitted to the OMB the result of such standard exists which receive a month-to-month extension Mine Safety and Health Administration will at all times guarantee no less than while they undergo review. For the same measure of protection afforded Petitions for Modification of additional substantive information the miners of such mine by such Application of Existing Mandatory about this ICR, see the related notice Safety Standards standard; or published in the Federal Register on 2. That the application of such December 17, 2015 (80 FR 78772). AGENCY: Mine Safety and Health standard to such mine will result in a Interested parties are encouraged to Administration, Labor. diminution of safety to the miners in send comments to the OMB, Office of ACTION: Notice. such mine. Information and Regulatory Affairs at In addition, the regulations at 30 CFR the address shown in the ADDRESSES SUMMARY: Section 101(c) of the Federal 44.10 and 44.11 establish the section within thirty (30) days of Mine Safety and Health Act of 1977 and requirements and procedures for filing publication of this notice in the Federal Title 30 of the Code of Federal petitions for modification. Register. In order to help ensure Regulations Part 44 govern the application, processing, and disposition II. Petitions for Modification appropriate consideration, comments should mention OMB Control Number of petitions for modification. This notice Docket Number: M–2016–011–C. 1205–0224. The OMB is particularly is a summary of petitions for Petitioner: Rosebud Mining Company, interested in comments that: modification submitted to the Mine 301 Market Street, Kittanning, • Evaluate whether the proposed Safety and Health Administration Pennsylvania 16201. collection of information is necessary (MSHA) by the parties listed below. Mine: Tom’s Run Mine, MSHA I.D. for the proper performance of the DATES: All comments on the petitions No. 36–08525, located in Indiana functions of the agency, including must be received by the MSHA’s Office County, Pennsylvania. whether the information will have of Standards, Regulations, and Regulation Affected: 30 CFR 75.503 practical utility; Variances on or before June 15, 2016. (Permissible electric face equipment; • Evaluate the accuracy of the ADDRESSES: You may submit your maintenance) and 18.35(a)(5)(i) agency’s estimate of the burden of the comments, identified by ‘‘docket (Portable (trailing) cables and cords). proposed collection of information, number’’ on the subject line, by any of Modification Request: The petitioner including the validity of the the following methods: requests a modification of the existing methodology and assumptions used; 1. Electronic Mail: zzMSHA- standard to permit the use of 480-volt • Enhance the quality, utility, and comments@dol.gov. Include the docket trailing cables with a maximum length clarity of the information to be number of the petition in the subject of 1100 feet when No. 2 American Wire collected; and line of the message. Gauge (AWG) cable is used on DBT roof • Minimize the burden of the 2. Facsimile: 202–693–9441. bolters. The petitioner states that: collection of information on those who 3. Regular Mail or Hand Delivery: (1) The trailing cables for the 480-volt are to respond, including through the MSHA, Office of Standards, DBT bolters will not be smaller than No. use of appropriate automated, Regulations, and Variances, 201 12th 2 AWG cable. electronic, mechanical, or other Street South, Suite 4E401, Arlington, (2) All circuit breakers used to protect technological collection techniques or Virginia 22202–5452, Attention: Sheila the No. 2 AWG trailing cable exceeding other forms of information technology, McConnell, Director, Office of 700 feet in length will have e.g., permitting electronic submission of Standards, Regulations, and Variances. instantaneous trip units calibrated to responses. Persons delivering documents are trip at 714 amperes +/¥ 5%. The trip Agency: DOL–ETA. required to check in at the receptionist’s setting of these circuit breakers will be Title of Collection: Equal Employment desk in Suite 4E401. Individuals may sealed to ensure that the settings on Opportunity in Apprenticeship inspect copies of the petitions and these breakers cannot be changed, and Programs. comments during normal business these circuit breakers will have OMB Control Number: 1205–0224. hours at the address listed above. permanent, legible labels. Each label Affected Public: State, Local, and MSHA will consider only comments will identify the circuit breaker as being Tribal Governments; Individuals or postmarked by the U.S. Postal Service or suitable for protecting the cables as proof of delivery from another delivery listed above. asabaliauskas on DSK3SPTVN1PROD with NOTICES Households; and Private Sector— businesses or other for-profits and not- service such as UPS or Federal Express (3) Replacement circuit breakers and/ for-profit institutions. on or before the deadline for comments. or instantaneous trip units used to Total Estimated Number of FOR FURTHER INFORMATION CONTACT: protect the No. 2 AWG trailing cable Respondents: 22,527. Barbara Barron, Office of Standards, will be calibrated to trip at 714 amperes Total Estimated Number of Regulations, and Variances at 202–693– +/¥ 5%, and they will be sealed. Responses: 34,490. 9447 (Voice), barron.barbara@dol.gov (4) All components that provide short- Total Estimated Annual Time Burden: (Email), or 202–693–9441 (Facsimile). circuit protection will have a sufficient 3,219 hours. [These are not toll-free numbers.] interruption rating in accordance with VerDate Sep<11>2014 18:48 May 13, 2016 Jkt 238001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1

30348 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Notices the maximum calculated fault currents DEPARTMENT OF LABOR 1. Corporate Stabilization Fund available. Quarterly Report. (5) During each production day, the Mine Safety and Health Administration 2. Board Briefing, Call Report trailing cables and the circuit breakers Modernization. Petition for Modification will be examined in accordance with all FOR FURTHER INFORMATION CONTACT: 30 CFR provisions. AGENCY: Mine Safety and Health Gerard Poliquin, Secretary of the Board, (6) Permanent warning labels will be Administration, Labor. Telephone: 703–518–6304. installed and maintained on the load ACTION: Notice; correction. Gerard Poliquin, center identifying the location of each Secretary of the Board. short-circuit protection device. These SUMMARY: This notice amends a petition labels will warn miners not to change or for modification published in the [FR Doc. 2016–11599 Filed 5–12–16; 4:15 pm] alter the settings of these devices. Federal Register on April 13, 2016, for BILLING CODE 7535–01–P the Marfork Coal Company, Inc., P.O. (7) If the affected trailing cables are Box 457, Whitesville, West Virginia damaged in any way during the shift, 25193. NATIONAL SCIENCE FOUNDATION the cable will be de-energized and repairs made. FOR FURTHER INFORMATION CONTACT: Comment Request: National Science Barbara Barron, Office of Standards, (8) The alternative method will not be Foundation Proposal/Award Regulations, and Variances at 202–693– implemented until all miners who have Information—NSF Proposal and Award 9447 (Voice), barron.barbara@dol.gov been designated to operate the bolters, Policies and Procedures Guide (Email), or 202–693–9441 (Facsimile). or any other person designated to [These are not toll-free numbers.] AGENCY: National Science Foundation. examine the trailing cables or trip settings on the circuit breakers, have Correction ACTION: Request for comment notice. received the proper training as to the This notice corrects the Mine and SUMMARY: The National Science performance of their duties. Mine I.D. No. in the notice. The Mine Foundation (NSF) is announcing plans (9) Within 60 days after the proposed and Mine I.D. No. referenced in the to request renewed clearance of this decision and order becomes final, the April 13, 2016 Federal Register notice collection. In accordance with the petitioner will submit proposed on page 21905, Docket Number M– requirement of section 3506(c)(2)(A) of revisions for their approved 30 CFR part 2016–009–C, was listed as Marsh Fork the Paperwork Reduction Act of 1995, 48 training plans to the District Mine, MSHA I.D. No. 46–08551. The we are providing opportunity for public Manager. These revisions will specify correct mine name is Marsh Fork comment on the NSF Proposal and task training for miners designated to Preparation Plant, and the correct Mine Award Policies and Procedures Guide examine the trailing cables for safe I.D. No. is 46–08374. (PAPPG). The primary purpose of this operating condition and verify that the The petitioner requests a modification revision is to update revise the PAPPG short-circuit settings of the circuit- of the existing safety standard 30 CFR to incorporate a number of policy- interrupting devices that protect the 77.214(a) to permit an alternative related changes. affected trailing cables do not exceed method for backfilling and reclamation The draft NSF PAPPG is now the settings specified previously in this of the abandoned portal area mine available for your review and petition. The training will include the openings associated with the abandoned consideration on the NSF Web site at following elements: Marsh Fork Mine, MSHA I.D. No. 46– http://www.nsf.gov/bfa/dias/policy/. To (a) The hazards of setting short-circuit 08551, using coal refuse as the backfill facilitate review, revised text has been interrupting device(s) too high to material. The petitioner specifically highlighted in yellow throughout the adequately protect the trailing cables. requests approval to backfill four document to identify significant (b) How to verify that the circuit abandoned mine openings associated changes. A brief comment explanation interrupting device(s) protecting the with inactive Marsh Fork Mine, Cedar of the change also is provided. Grove coal seam portal area with coal After obtaining and considering trailing cable(s) are properly set and refuse. public comment, NSF will prepare the maintained. submission requesting OMB clearance (c) Mining methods and operating Sheila McConnell, of this collection for no longer than 3 procedures that will protect the trailing Director, Office of Standards, Regulations, years. cables against damage. and Variances. In addition to the type of comments (d) Proper procedures for examining [FR Doc. 2016–11434 Filed 5–13–16; 8:45 am] identified above, comments also are the trailing cables to ensure that the BILLING CODE 4520–43–P invited on: (a) Whether the proposed cables are in safe operating condition by collection of information is necessary visually inspecting the entire cable, for the proper performance of the observing the insulation, the integrity of NATIONAL CREDIT UNION functions of the Agency, including splices, nicks and abrasions. ADMINISTRATION whether the information shall have The petitioner asserts that the practical utility; (b) the accuracy of the Sunshine Act Meeting Agency’s estimate of the burden of the proposed alternative method will at all proposed collection of information; (c) asabaliauskas on DSK3SPTVN1PROD with NOTICES times guarantee no less than the same TIME AND DATE:10:00 a.m., Thursday, measure of protection afforded by the ways to enhance the quality, utility, and May 19, 2016. standard. clarity of the information on PLACE: Board Room, 7th Floor, Room respondents, including through the use Sheila McConnell, 7047, 1775 Duke Street (All visitors of automated collection techniques or Director, Office of Standards, Regulations, must use Diagonal Road Entrance), other forms of information technology; and Variances. Alexandria, VA 22314–3428. and (d) ways to minimize the burden of [FR Doc. 2016–11433 Filed 5–13–16; 8:45 am] STATUS: Open. the collection of information on BILLING CODE 4520–43–P MATTERS TO BE CONSIDERED: respondents, including through the use VerDate Sep<11>2014 18:48 May 13, 2016 Jkt 238001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\16MYN1.SGM 16MYN1


Document Created: 2016-05-14 01:17:10
Document Modified: 2016-05-14 01:17:10
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 June 15, 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 30347 
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