81 FR 3160 - Petitions for Modification of Application of Existing Mandatory Safety Standards
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 81, Issue 12 (January 20, 2016)
Mine Safety and Health Administration
Federal Register Volume 81, Issue 12 (January 20, 2016)
| Page Range | 3160-3162 | |
| FR Document | 2016-00935 |
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)] [Notices] [Pages 3160-3162] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00935] ======================================================================= ----------------------------------------------------------------------- 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 February 19, 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 [[Page 3161]] other mine if the Secretary of Labor determines that: 1. An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or 2. That the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modification. II. Petitions for Modification Docket Number: M-2015-0026-C. Petitioner: Lone Mountain Processing, Inc., Drawer C, St. Charles, VA 24282. Mine: Clover Fork No. 1 Mine, MSHA I.D. No. 15-18647, Huff Creek No. 1 Mine, MSHA I.D. No. 15-17234, Darby Fork No. 1 Mine, MSHA I.D. No. 15-02263, located in Harlan County, Kentucky. Regulation Affected: 30 CFR 75.310(a)(3) (Installation of main mine fans). Modification Request: The petitioner requests a modification of the existing standard to permit the use of fan signal monitoring provided by the Communication Center at the Huff Creek Mine as an alternative to having personnel on the surface at the mine to monitor fan operation. The petitioner states that: (1) Currently the Clover Fork fans can be monitored for operation at the Communication Center. This Communication Center is manned continuously when miners are underground by a qualified atmospheric monitoring system (AMS) operator as required in 30 CFR 75.156. This operator is currently responsible for monitoring the Clover Fork Mine, Huff Creek Mine, and Darby Fork Mine AMS systems. This operator is familiar with the underground workings of the Clover Fork Mine and will regularly travel to all working sections every six months as required. In addition to having the AMS operator continuously monitoring the main mine fans for the Clover Fork Mine, Lone Mountain Processing will be installing a system to activate the existing section alarms at all three mines to alarm when any main mine fan slows or stops. This alarm will provide an audible and visual alarm to alert miners that an event has occurred. Constant communications is provided to all three interconnected mines via the Huff Creek Communication Center. All approved ventilation plans provide instructions to evacuate the mine when a fan outage occurs. Should there be an interruption in the fan operations, a notification of the interruption can be given to the miners underground at Clover Fork Mine from the Huff Creek Communication Center. Clover Fork Mine management believes that these provisions for fan monitoring will provide a greater degree of safety than having mine personnel monitor the fan from the surface at the Clover Fork Mine. (2) Fan alarm signal monitoring by the Communication Center is accomplished in two ways: First by fan signal connection to mine phones and by a fiber optic line that is from the Clover Fork Mine to the Huff Creek Mine. Both systems are routed through each mine to an underground borehole connection to remove issues with inclement weather. The fiber optic line is connected to the CO monitoring and tracking system computer at Clover Fork Mine which receives an input from the fan alarm signal device. The fiber optic terminates at a computer in the Communication Center and provides both audible and visual notification if the Clover Fork fan should stop operating, as well as all working sections at all three aforementioned mines. (3) Voice communication to the Clover Fork Mine is accomplished by three separate connections and also by wireless tracking system radios. Primary communication is a mine phone line routed through an underground borehole connection between the two mines. Backup to the mine phone system is an overland copper pair for the emergency phone system that is provided by the land line telephone company. A third way of communication to the mine is land line telephone to the mine office. Tracking system radios mentioned above also provide a wireless fourth means of communication. (4) The Communication Center is also provided with a ``kill feature'' system designed to deenergize the AMS system for the Clover Fork Mine should any main mine fan fail. All AMS operators are trained how to perform this procedure and written instructions are provided inside the Communication Center. This feature will be maintained in working order at all times or otherwise immediate corrective actions will be taken to correct the condition and a designated person will be required to monitor the main mine fans at the Clover Fork Mine until the system is in proper working order. The AMS system is routed through underground workings and underground borehole connections as previously mentioned. The petitioner asserts that the proposed alternative method will provide a greater degree of safety than having mine personnel monitor the fan from the surface at the Clover Fork Mine. Docket Number: M-2015-027-C. Petitioner: Peabody Energy Company, 115 Grayson Lane, Eldorado, Illinois 62930. Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11-03156, located in Saline County, Illinois. Regulation Affected: 30 CFR 75.500(d) (Permissible electric equipment). Modification Request: The petitioner requests a modification of the existing standard to permit an alternative method of compliance to permit the use of nonpermissible electronic testing or diagnostic equipment in or inby the last open crosscut. The petitioner states that: (1) Nonpermissible electronic testing and diagnostic equipment to be used include: Laptop computers; oscilloscopes; vibration analysis machines; cable fault detectors; point temperature probes; infrared temperature devices; insulation testers (meggers); voltage, current, resistance, and power measurement devices; ultrasonic thickness gauges; electronic component testers; and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. (2) All nonpermissible testing and diagnostic equipment used in or inby the last open crosscut will be examined by a qualified person as defined in 30 CFR 75.153, prior to use to ensure the equipment is being maintained in a safe operating condition. The examination results will be recorded in the weekly examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person as defined in 30 CFR 75.151 will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment in or inby the last open crosscut. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above one percent. When one percent or more methane is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible electronic equipment will be withdrawn outby the last open crosscut. (5) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper [[Page 3162]] operating condition as defined in 30 CFR 75.320. (6) Except for time necessary to trouble shoot under actual mining conditions, coal production in the section will cease. However, coal may remain in or on the equipment to test and diagnose the equipment under ``load.'' (7) All electronic testing and diagnostic equipment will be used in accordance with the safe use procedures recommended by the manufacturer. (8) Qualified personnel who used electronic testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with use of the equipment. The petitioner asserts that under the terms and conditions of this petition for modification, the use of nonpermissible electronic testing and diagnostic equipment will at all times guarantee not less than the same measure of protection afforded by the existing standard. Sheila McConnell, Acting Director, Office of Standards, Regulations, and Variances. [FR Doc. 2016-00935 Filed 1-19-16; 8:45 am] BILLING CODE 4520-43-P
![3160 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
SUMMARY: The Department of Justice, Department of Justice is the Federal DEPARTMENT OF LABOR
Federal Bureau of Investigation, Critical Bureau of Investigation.
Incident Response Group will submit Mine Safety and Health Administration
4. Affected public who will be asked
the following information collection or required to respond, as well as a brief
request to the Office of Management and Petitions for Modification of
abstract: Primary: Federal, state, local, Application of Existing Mandatory
Budget (OMB) for review and clearance
and tribal government law enforcement Safety Standards
in accordance with established review
agencies charged with the responsibility
procedures of the Paperwork Reduction AGENCY: Mine Safety and Health
Act of 1995. of investigating violent crimes.
Administration, Labor.
DATES: Comments are encouraged and Abstract: Established by the
ACTION: Notice.
will be accepted for 60 days until March Department of Justice in 1985, ViCAP
21, 2016. serves as the national repository for SUMMARY: Section 101(c) of the Federal
FOR FURTHER INFORMATION CONTACT: All violent crimes; specifically; Mine Safety and Health Act of 1977 and
comments, suggestions, or questions Homicides (and attempts) that are Title 30 of the Code of Federal
regarding additional information, to known or suspected to be part of a series Regulations Part 44 govern the
include obtaining a copy of the and/or are apparently random, application, processing, and disposition
proposed information collection motiveless, or sexually oriented. of petitions for modification. This notice
instrument with instructions, should be is a summary of petitions for
Sexual assaults that are known or modification submitted to the Mine
directed to Lesa Marcolini, Program
suspected to be part of a series and/or Safety and Health Administration
Manager, Federal Bureau of
Investigation, Critical Incident Response are committed by a stranger. (MSHA) by the parties listed below.
Group, ViCAP, FBI Academy, Quantico, Missing persons where the DATES: All comments on the petitions
Virginia 22135; facsimile (703) 632– circumstances indicate a strong must be received by the MSHA’s Office
4239. possibility of foul play and the victim is of Standards, Regulations, and
still missing. Variances on or before February 19,
SUPPLEMENTARY INFORMATION: Written
2016.
comments and suggestions from the Unidentified human remains where
public and affected agencies concerning the manner of death is known or ADDRESSES: You may submit your
the proposed collection of information suspected to be homicide. comments, identified by ‘‘docket
are encouraged. Your comments should number’’ on the subject line, by any of
Comprehensive case information the following methods:
address one or more of the following
submitted to ViCAP is maintained in the 1. Electronic Mail: zzMSHA-
four points:
ViCAP Web National Crime Database comments@dol.gov. Include the docket
—Evaluate whether the proposed and is automatically compared to all
collection of information is necessary number of the petition in the subject
other cases in the databases to identify line of the message.
for the proper performance of the
potentially related cases. 2. Facsimile: 202–693–9441.
functions of the Bureau of Justice
5. An estimate of the total number of 3. Regular Mail or Hand Delivery:
Statistics, including whether the
respondents and the amount of time MSHA, Office of Standards,
information will have practical utility;
estimated for an average respondent to Regulations, and Variances, 201 12th
—Evaluate the accuracy of the agency’s
Street South, Suite 4E401, Arlington,
estimate of the burden of the respond: Of the approximately 18,000
Virginia 22202–5452, Attention: Sheila
proposed collection of information, government law enforcement agencies
McConnell, Acting Director, Office of
including the validity of the that are eligible to submit cases, it is
Standards, Regulations, and Variances.
methodology and assumptions used; estimated that thirty to fifty percent will
—Evaluate whether and if so how the Persons delivering documents are
actually submit cases to ViCAP. The required to check in at the receptionist’s
quality, utility, and clarity of the time burden of the respondents is less
information to be collected can be desk in Suite 4E401. Individuals may
than 60 minutes per form. inspect copies of the petitions and
enhanced; and
—Minimize the burden of the collection 6. An estimate of the total public comments during normal business
of information on those who are to burden (in hours) associated with the hours at the address listed above.
respond, including through the use of collection: 5,000 annual burden hours. MSHA will consider only comments
appropriate automated, electronic, postmarked by the U.S. Postal Service or
If additional information is required
mechanical, or other technological proof of delivery from another delivery
contact: Jerri Murray, Department
collection techniques or other forms service such as UPS or Federal Express
Clearance Officer, United States on or before the deadline for comments.
of information technology, e.g., Department of Justice, Justice
permitting electronic submission of FOR FURTHER INFORMATION CONTACT:
Management Division, Policy and
responses. Barbara Barron, Office of Standards,
Planning Staff, Two Constitution Regulations, and Variances at 202–693–
Overview of This Information Square, 145 N Street NE., 3E.405B, 9447 (Voice), barron.barbara@dol.gov
Collection Washington, DC 20530. (Email), or 202–693–9441 (Facsimile).
1. Type of Information Collection: Dated: January 14, 2016. [These are not toll-free numbers.]
Revision of a currently approved Jerri Murray, SUPPLEMENTARY INFORMATION:
collection. Department Clearance Officer for PRA, U.S. I. Background
tkelley on DSK4VPTVN1PROD with NOTICES
2. The Title of the Form/Collection: Department of Justice.
ViCAP Case Submission Form. Section 101(c) of the Federal Mine
[FR Doc. 2016–00942 Filed 1–19–16; 8:45 am]
3. The agency form number, if any, Safety and Health Act of 1977 (Mine
BILLING CODE 4410–02–P
and the applicable component of the Act) allows the mine operator or
Department sponsoring the collection: representative of miners to file a
The form number is FD–676. The petition to modify the application of any
applicable component within the mandatory safety standard to a coal or
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![3162 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Notices
operating condition as defined in 30 DATES: Letters of Intent must be special TIG grant assurances, see LSC’s
CFR 75.320. submitted by 11:59 p.m. EST on TIG compliance Web page.
(6) Except for time necessary to February 29, 2016.
trouble shoot under actual mining Eligible Applicants
ADDRESSES: Letters of Intent must be
conditions, coal production in the submitted electronically at http:// TIG awards are available only to
section will cease. However, coal may lscgrants.lsc.gov. current LSC Basic Field Grant recipients
remain in or on the equipment to test that are not subject to any short funding
FOR FURTHER INFORMATION CONTACT: Jane
and diagnose the equipment under (i.e., less than one year) on Basic Field
‘‘load.’’ Ribadeneyra, Program Analyst, Office of Grants.
(7) All electronic testing and Program Performance, Legal Services LSC will not award a TIG to any
diagnostic equipment will be used in Corporation, 3333 K Street NW., applicant that is not in good standing on
accordance with the safe use procedures Washington, DC 20007; (202) 295–1554 any existing TIG projects. Applicants
recommended by the manufacturer. (phone); ribadeneyraj@lsc.gov. must be up to date, according to the
(8) Qualified personnel who used SUPPLEMENTARY INFORMATION: milestone schedule on all existing TIG
electronic testing and diagnostic projects prior to submitting a LOI or
General Information
equipment will be properly trained to have requested and received an
recognize the hazards and limitations The Legal Services Corporation adjustment to the original milestone
associated with use of the equipment. awards Technology Initiative Grant schedule. LSC will not award a TIG to
The petitioner asserts that under the funds through an open, competitive, any applicant that has not made
terms and conditions of this petition for and impartial selection process. All satisfactory progress on prior TIGs. LSC
modification, the use of nonpermissible prospective applicants for 2016 TIG recipients that have had a previous TIG
electronic testing and diagnostic funds must submit a Letter of Intent to terminated for failure to provide timely
equipment will at all times guarantee Apply (LOI) prior to submitting a formal reports and submissions are not eligible
not less than the same measure of application. The format and contents of to receive a TIG for three years after
protection afforded by the existing the LOI should conform to the their earlier grant was terminated. This
standard. requirements specified below in Section policy does not apply to applicants that
IV. worked with LSC to end a TIG early
Sheila McConnell,
Through the LOI process, LSC after an unsuccessful project
Acting Director, Office of Standards, identifies those projects that have a
Regulations, and Variances. implementation resulting from
reasonable chance of success in the technology limitations, a failed proof of
[FR Doc. 2016–00935 Filed 1–19–16; 8:45 am]
competitive grant process based on concept, or other reasons outside of the
BILLING CODE 4520–43–P LSC’s analysis of the project description applicant’s control.
and other information provided in the
LOI. LSC will solicit full proposals for Funding Availability
LEGAL SERVICES CORPORATION those projects. LSC has received an appropriation of
Request for Letters of Intent To Apply LSC Requirements $4 million for fiscal year 2016 to fund
for 2015 Technology Initiative Grant TIG projects. In 2015, 36 TIG projects
Technology Initiative Grant funds are received funding with a median funding
Funding subject to all LSC requirements, amount of $86,200. (See TIG’s past
AGENCY: Legal Services Corporation. including the requirements of the Legal awards Web page for more information
ACTION: Notice. Services Corporation Act (LSC Act), any on past grants.) LSC recommends a
applicable appropriations acts and any minimum amount for TIG funding
SUMMARY: The Legal Services other applicable laws, rules, regulations, requests of $40,000, but lower requests
Corporation (LSC) issues this Notice policies, guidelines, instructions, and will be considered. There is no
describing the conditions under which other directives of the Legal Services maximum amount for TIG funding
Letters of Intent To Apply for Corporation, including, but not limited requests that are within the total
Technology Initiative Grants (TIG) will to, the LSC Audit Guide for Recipients appropriation for TIG.
be received. LSC’s TIG program was and Auditors, the Accounting Guide for
established in 2000. Since that time, LSC Recipients, the CSR Handbook, the Collaborations
LSC has made 647 grants totaling more 1981 LSC Property Manual (as The TIG program encourages
than $53 million. This grant program amended) and the Property Acquisition applicants to reach out to and include
provides an important tool to help and Management Manual, with any in TIG projects others interested in
achieve LSC’s goal of increasing the amendments to the foregoing adopted access to justice—the courts, bar
quantity and quality of legal services before or during the period of the grant. associations, pro bono projects,
available to eligible persons. Projects Before submitting a Letter of Intent to libraries, and social service agencies.
funded under the TIG program develop, Apply, applicants should be familiar Partnerships can enhance the reach,
test and replicate innovative with LSC’s transfer and subgrant effectiveness and sustainability of many
technologies that can enable grant requirements at 45 CFR parts 1610 and projects.
recipients and state justice communities 1627 (see http://www.lsc.gov/about/
to improve low-income persons’ access laws-regulations/lsc-regulations-cfr-45- Grant Categories
to high quality legal assistance through part-1600-et-seq), particularly as they LSC will accept projects in two
an integrated and well managed pertain to payments of LSC funds to application categories:
tkelley on DSK4VPTVN1PROD with NOTICES
technology system. When submitting other entities for programmatic (1) Innovations and Improvements
Letters of Intent, applicants should activities. (2) Replication and Adaptation
consider the growth and continued For additional information and
development of technology and the resources regarding TIG compliance, Grant Category 1: Innovations and
resulting effects on the practice of law, including transfers, subgrants, third- Improvements
management of legal aid organizations party contracting, conflicts of interest, The Innovations and Improvements
and legal aid service delivery. grant modification procedures, and Category is designated for projects that:
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Document Created: 2016-01-19 23:44:10
Document Modified: 2016-01-19 23:44:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | All comments on the petitions must be received by the MSHA's Office of Standards, Regulations, and Variances on or before February 19, 2016. | |
| Contact | Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Facsimile). [These are not toll-free numbers.] | |
| FR Citation | 81 FR 3160 |
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