81_FR_42862 81 FR 42736 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

81 FR 42736 - Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42736-42737
FR Document2016-15435

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and 30 CFR part 44 govern the application, processing, and disposition of petitions for modification. This Federal Register Notice notifies the public that MSHA has investigated and issued a final decision on certain mine operator petitions to modify a safety standard.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Notices]
[Pages 42736-42737]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15435]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Affirmative Decisions on Petitions for Modification Granted in 
Whole or in Part

AGENCY: Mine Safety and Health Administration (MSHA), Labor.

ACTION: Notice.

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

SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This Federal Register Notice 
notifies the public that MSHA has investigated and issued a final 
decision on certain mine operator petitions to modify a safety 
standard.

ADDRESSES: Copies of the final decisions are posted on MSHA's Web site 
at http://www.msha.gov/READROOM/PETITION.HTM. The public may inspect 
the petitions and final decisions during normal business hours in 
MSHA's Office of Standards, Regulations, and Variances, 201 12th Street 
South, Suite 4E401, Arlington, Virginia 22202. All visitors are 
required to check in at the receptionist's desk in Suite 4E401.

FOR FURTHER INFORMATION CONTACT: Barbara Barron at 202-693-9447 
(Voice), [email protected] (Email), or 202-693-9441 (Telefax). 
[These are not toll-free numbers].

SUPPLEMENTARY INFORMATION:

I. Introduction

    Under section 101 of the Federal Mine Safety and Health Act of 
1977, a mine operator may petition and the Secretary of Labor 
(Secretary) may modify the application of a mandatory safety standard 
to that mine if the Secretary determines that: (1) An alternative 
method exists that will guarantee no less protection for the miners 
affected than that provided by the standard; or (2) the application of 
the standard will result in a diminution of safety to the affected 
miners.
    MSHA bases the final decision on the petitioner's statements, any 
comments and information submitted by interested persons, and a field 
investigation of the conditions at the mine. In some instances, MSHA 
may approve a petition for modification on the condition that the mine 
operator complies with other requirements noted in the decision.

II. Granted Petitions for Modification

    On the basis of the findings of MSHA's investigation, and as 
designee of the Secretary, MSHA has granted or partially granted the 
following petitions for modification:
     Docket Number: M-2013-055-C.
    FR Notice: 79 FR 4177 (1/24/2014).
    Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup, 
Montana 59072.
    Mine: Bull Mountains Mine No. 1, MSHA I.D. No. 24-01950, located in 
Musselshell County, Montana.
    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
     Docket Number: M-2013-060-C.
    FR Notice: 79 FR 11141 (2/27/2014).
    Petitioner: Kimmel's Mining, Inc., P.O. Box 8, Williamstown, 
Pennsylvania 17098.
    Mine: Williamstown Mine #1, MSHA I.D. No. 36-09435, located in 
Schuylkill County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; general).
     Docket Number: M-2014-030-C.
    FR Notice: 79 FR 64627 (10/30/2014).
    Petitioner: M-Class Mining, LLC, 11351 N. Thompsonville Road, 
Macedonia, Illinois 62860.

[[Page 42737]]

    Mine: MC#1 Mine, MSHA I.D. No. 11-03189, located in Franklin 
County, Illinois.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut return air; 
permissibility requirements).
     Docket Number: M-2015-022-C.
    FR Notice: 80 FR 77024 (12/11/2015).
    Petitioner: Speed Mining LLC, P.O. Box 99, Dawes, West Virginia 
25054.
    Mine: Refuse Disposal Facility, MSHA I.D. No. 46-05437, located in 
Kanawha County, West Virginia.
    Regulation Affected: 30 CFR 77.214(a) (Refuse piles; general).

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-15435 Filed 6-29-16; 8:45 am]
 BILLING CODE 4520-43-P



                                                  42736                         Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices

                                                  sensor and additional carbon monoxide                   III. Current Actions                                   Street South, Suite 4E401, Arlington,
                                                  or smoke sensors installed in the belt air                This request for collection of                       Virginia 22202. All visitors are required
                                                  course to be included in the mine                       information contains provisions for                    to check in at the receptionist’s desk in
                                                  ventilation plan.                                       Safety Standards for Underground Coal                  Suite 4E401.
                                                     Sections 75.371(nn), 75.371(oo), and                                                                        FOR FURTHER INFORMATION CONTACT:
                                                                                                          Mine Ventilation—Belt Entry Used as an
                                                  75.371(pp) require modification of the                                                                         Barbara Barron at 202–693–9447
                                                                                                          Intake Air Course to Ventilate Working
                                                  mine ventilation plan to show the                                                                              (Voice), barron.barbara@dol.gov
                                                                                                          Sections and Areas Where Mechanized
                                                  length of the time delay or any other                                                                          (Email), or 202–693–9441 (Telefax).
                                                                                                          Mining Equipment is Being Installed or
                                                  method used for reducing the number of                                                                         [These are not toll-free numbers].
                                                                                                          Removed. MSHA has updated the data
                                                  non-fire related alert and alarm signals                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                          with respect to the number of
                                                  from CO sensors, the lower alert and
                                                                                                          respondents, responses, burden hours,                  I. Introduction
                                                  alarm setting for CO sensors, and the
                                                                                                          and burden costs supporting this
                                                  alternate instrument and the alert and                                                                            Under section 101 of the Federal Mine
                                                                                                          information collection request.
                                                  alarm levels associated with the                          Type of Review: Extension, without                   Safety and Health Act of 1977, a mine
                                                  instrument, respectively.                               change, of a currently approved                        operator may petition and the Secretary
                                                  II. Desired Focus of Comments                           collection.                                            of Labor (Secretary) may modify the
                                                                                                            Agency: Mine Safety and Health                       application of a mandatory safety
                                                     MSHA is soliciting comments                                                                                 standard to that mine if the Secretary
                                                  concerning the proposed information                     Administration.
                                                                                                            OMB Number: 1219–0138.                               determines that: (1) An alternative
                                                  collection related to Safety Standards                                                                         method exists that will guarantee no
                                                  for Underground Coal Mine                                 Affected Public: Business or other for-
                                                                                                          profit.                                                less protection for the miners affected
                                                  Ventilation—Belt Entry Used as an                                                                              than that provided by the standard; or
                                                  Intake Air Course to Ventilate Working                    Number of Respondents: 17.
                                                                                                            Frequency: On occasion.                              (2) the application of the standard will
                                                  Sections and Areas Where Mechanized                                                                            result in a diminution of safety to the
                                                  Mining Equipment is Being Installed or                    Number of Responses: 205.
                                                                                                            Annual Burden Hours: 3,442 hours.                    affected miners.
                                                  Removed. MSHA is particularly                                                                                     MSHA bases the final decision on the
                                                                                                            Annual Respondent or Recordkeeper
                                                  interested in comments that:                                                                                   petitioner’s statements, any comments
                                                     • Evaluate whether the collection of                 Cost: $54,740.
                                                                                                            Comments submitted in response to                    and information submitted by interested
                                                  information is necessary for the proper                                                                        persons, and a field investigation of the
                                                  performance of the functions of the                     this notice will be summarized and
                                                                                                          included in the request for Office of                  conditions at the mine. In some
                                                  agency, including whether the                                                                                  instances, MSHA may approve a
                                                  information has practical utility;                      Management and Budget approval of the
                                                                                                          information collection request; they will              petition for modification on the
                                                     • Evaluate the accuracy of MSHA’s
                                                                                                          also become a matter of public record.                 condition that the mine operator
                                                  estimate of the burden of the collection
                                                                                                                                                                 complies with other requirements noted
                                                  of information, including the validity of               Sheila McConnell,                                      in the decision.
                                                  the methodology and assumptions used;                   Certifying Officer.
                                                     • Suggest methods to enhance the                                                                            II. Granted Petitions for Modification
                                                                                                          [FR Doc. 2016–15424 Filed 6–29–16; 8:45 am]
                                                  quality, utility, and clarity of the                                                                              On the basis of the findings of
                                                                                                          BILLING CODE 4510–43–P
                                                  information to be collected; and                                                                               MSHA’s investigation, and as designee
                                                     • Minimize the burden of the
                                                                                                                                                                 of the Secretary, MSHA has granted or
                                                  collection of information on those who
                                                                                                          DEPARTMENT OF LABOR                                    partially granted the following petitions
                                                  are to respond, including through the
                                                                                                                                                                 for modification:
                                                  use of appropriate automated,                           Mine Safety and Health Administration                     • Docket Number: M–2013–055–C.
                                                  electronic, mechanical, or other                                                                                  FR Notice: 79 FR 4177 (1/24/2014).
                                                  technological collection techniques or                  Affirmative Decisions on Petitions for                    Petitioner: Signal Peak Energy, LLC,
                                                  other forms of information technology,                  Modification Granted in Whole or in                    100 Portal Drive, Roundup, Montana
                                                  e.g., permitting electronic submission of               Part                                                   59072.
                                                  responses.                                                                                                        Mine: Bull Mountains Mine No. 1,
                                                     The information collection request                   AGENCY: Mine Safety and Health
                                                                                                          Administration (MSHA), Labor.                          MSHA I.D. No. 24–01950, located in
                                                  will be available on http://                                                                                   Musselshell County, Montana.
                                                  www.regulations.gov. MSHA cautions                      ACTION: Notice.                                           Regulation Affected: 30 CFR
                                                  the commenter against providing any                                                                            75.1002(a) (Installation of electric
                                                  information in the submission that                      SUMMARY:   Section 101(c) of the Federal
                                                                                                          Mine Safety and Health Act of 1977 and                 equipment and conductors;
                                                  should not be publicly disclosed. Full                                                                         permissibility).
                                                                                                          30 CFR part 44 govern the application,
                                                  comments, including personal                                                                                      • Docket Number: M–2013–060–C.
                                                  information provided, will be made                      processing, and disposition of petitions
                                                                                                                                                                    FR Notice: 79 FR 11141 (2/27/2014).
                                                  available on www.regulations.gov and                    for modification. This Federal Register                   Petitioner: Kimmel’s Mining, Inc.,
                                                  www.reginfo.gov.                                        Notice notifies the public that MSHA                   P.O. Box 8, Williamstown, Pennsylvania
                                                     The public may also examine publicly                 has investigated and issued a final                    17098.
                                                  available documents at USDOL—Mine                       decision on certain mine operator                         Mine: Williamstown Mine #1, MSHA
                                                  Safety and Health Administration, 201                   petitions to modify a safety standard.                 I.D. No. 36–09435, located in Schuylkill
                                                  12th South, Suite 4E401, Arlington, VA                  ADDRESSES: Copies of the final decisions
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                 County, Pennsylvania.
                                                  22202–5452. Sign in at the receptionist’s               are posted on MSHA’s Web site at                          Regulation Affected: 30 CFR 75.1400
                                                  desk on the 4th floor via the East                      http://www.msha.gov/READROOM/                          (Hoisting equipment; general).
                                                  elevator.                                               PETITION.HTM. The public may                              • Docket Number: M–2014–030–C.
                                                     Questions about the information                      inspect the petitions and final decisions                 FR Notice: 79 FR 64627 (10/30/2014).
                                                  collection requirements may be directed                 during normal business hours in                           Petitioner: M-Class Mining, LLC,
                                                  to the person listed in the FOR FURTHER                 MSHA’s Office of Standards,                            11351 N. Thompsonville Road,
                                                  INFORMATION section of this notice.                     Regulations, and Variances, 201 12th                   Macedonia, Illinois 62860.


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                                                                                Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Notices                                           42737

                                                     Mine: MC#1 Mine, MSHA I.D. No. 11–                   inspect copies of the petitions and                    will be kept in either a paperbound
                                                  03189, located in Franklin County,                      comments during normal business                        book or a digital copy. The log will
                                                  Illinois.                                               hours at the address listed above.                     contain the date of manufacture and/or
                                                     Regulation Affected: 30 CFR 75.507–                    MSHA will consider only comments                     purchase of each particular piece of
                                                  1(a) (Electric equipment other than                     postmarked by the U.S. Postal Service or               electronic surveying equipment. The log
                                                  power-connection points; outby the last                 proof of delivery from another delivery                will be made available to MSHA on
                                                  open crosscut return air; permissibility                service such as UPS or Federal Express                 request.
                                                  requirements).                                          on or before the deadline for comments.                  (3) All nonpermissible electronic
                                                     • Docket Number: M–2015–022–C.                       FOR FURTHER INFORMATION CONTACT:                       surveying equipment to be used in or
                                                     FR Notice: 80 FR 77024 (12/11/2015).                 Barbara Barron, Office of Standards,                   inby the last open crosscut will be
                                                     Petitioner: Speed Mining LLC, P.O.                                                                          examined by the person that will
                                                                                                          Regulations, and Variances at 202–693–
                                                  Box 99, Dawes, West Virginia 25054.                                                                            operate the equipment prior to taking
                                                                                                          9447 (Voice), barron.barbara@dol.gov
                                                     Mine: Refuse Disposal Facility, MSHA                                                                        the equipment underground to ensure
                                                                                                          (Email), or 202–693–9441 (Facsimile).
                                                  I.D. No. 46–05437, located in Kanawha                                                                          the equipment is being maintained in a
                                                                                                          [These are not toll-free numbers.]
                                                  County, West Virginia.                                                                                         safe operating condition. These checks
                                                     Regulation Affected: 30 CFR 77.214(a)                SUPPLEMENTARY INFORMATION:
                                                                                                                                                                 will include:
                                                  (Refuse piles; general).                                I. Background                                            (i) Checking the instrument for any
                                                  Sheila McConnell,                                         Section 101(c) of the Federal Mine                   physical damage and the integrity of the
                                                  Director, Office of Standards, Regulations,             Safety and Health Act of 1977 (Mine                    case.
                                                  and Variances.                                          Act) allows the mine operator or                         (ii) Removing the battery and
                                                  [FR Doc. 2016–15435 Filed 6–29–16; 8:45 am]             representative of miners to file a                     inspecting for corrosion.
                                                  BILLING CODE 4520–43–P                                  petition to modify the application of any                (iii) Inspecting the contact points to
                                                                                                          mandatory safety standard to a coal or                 ensure a secure connection to the
                                                                                                          other mine if the Secretary of Labor                   battery.
                                                  DEPARTMENT OF LABOR                                     determines that:                                         (iv) Reinserting the battery and
                                                                                                            1. An alternative method of achieving                powering up and shutting down to
                                                  Mine Safety and Health Administration                   the result of such standard exists which               ensure proper connections.
                                                                                                          will at all times guarantee no less than                 (v) Checking the battery compartment
                                                  Petitions for Modification of                                                                                  cover or battery attachment to ensure
                                                                                                          the same measure of protection afforded
                                                  Application of Existing Mandatory                                                                              that it is securely fastened.
                                                                                                          the miners of such mine by such
                                                  Safety Standards                                                                                                 (vi) Recording the results of the
                                                                                                          standard; or
                                                  AGENCY: Mine Safety and Health                            2. That the application of such                      inspection in the equipment log.
                                                  Administration, Labor.                                  standard to such mine will result in a                   (4) All nonpermissible electronic
                                                  ACTION: Notice.                                         diminution of safety to the miners in                  surveying equipment will be serviced
                                                                                                          such mine.                                             according to the manufacturer’s
                                                  SUMMARY:    Section 101(c) of the Federal                 In addition, the regulations at 30 CFR               recommendations. Dates of service will
                                                  Mine Safety and Health Act of 1977 and                  44.10 and 44.11 establish the                          be recorded in the equipment log and
                                                  Title 30 of the Code of Federal                         requirements and procedures for filing                 will include a description of the work
                                                  Regulations Part 44 govern the                          petitions for modification.                            performed.
                                                  application, processing, and disposition                                                                         (5) The non-permissible surveying
                                                  of petitions for modification. This notice              II. Petitions for Modification                         equipment that will be used in or inby
                                                  is a summary of petitions for                              Docket Number: M–2016–012–C.                        the last open crosscut will not be put
                                                  modification submitted to the Mine                         Petitioner: ICG Illinois, LLC, 5945                 into service until MSHA has initially
                                                  Safety and Health Administration                        Lester Road, Williamsville, Illinois                   inspected the equipment and
                                                  (MSHA) by the parties listed below.                     62693.                                                 determined that it is in compliance.
                                                  DATES: All comments on the petitions                       Mine: Viper Mine, MSHA I.D. No. 11–                   (6) As an additional safety check,
                                                  must be received by the MSHA’s Office                   02664, located in Sangamon County,                     prior to setting up and energizing
                                                  of Standards, Regulations, and                          Illinois.                                              nonpermissible electronic surveying
                                                  Variances on or before August 1, 2016.                     Regulation Affected: 30 CFR 75.500(d)               equipment in or inby the last open
                                                  ADDRESSES: You may submit your                          (Permissible electric equipment).                      crosscut, the surveyor(s) will conduct a
                                                  comments, identified by ‘‘docket                           Modification Request: The petitioner                visual examination of the immediate
                                                  number’’ on the subject line, by any of                 requests a modification of the existing                area for evidence that the areas appear
                                                  the following methods:                                  standard to permit the use of                          to be sufficiently rock-dusted and for
                                                     1. Electronic Mail: zzMSHA-                          nonpermissible surveying equipment in                  the presence of accumulated float coal
                                                  comments@dol.gov. Include the docket                    or inby the last open crosscut. The                    dust. If the rock-dusting appears
                                                  number of the petition in the subject                   petitioner proposes to use theodolites                 insufficient or the presence of
                                                  line of the message.                                    and low-voltage battery operated total                 accumulated coal dust is observed, the
                                                     2. Facsimile: 202–693–9441.                          stations if they have an IP rating of 66               equipment will not be energized until
                                                     3. Regular Mail or Hand Delivery:                    or higher. The petitioner states that:                 sufficient rock dust has been applied
                                                  MSHA, Office of Standards,                                 (1) Nonpermissible electronic                       and/or the accumulations of coal dust
                                                  Regulations, and Variances, 201 12th                    surveying equipment will only be used                  have been cleaned up. If nonpermissible
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Street South, Suite 4E401, Arlington,                   until equivalent permissible electronic                electronic surveying equipment is to be
                                                  Virginia 22202–5452, Attention: Sheila                  surveying equipment is available or if                 used in an area that is not rocked-dusted
                                                  McConnell, Director, Office of                          viable new mechanical surveying                        within 40 feet of a working face where
                                                  Standards, Regulations, and Variances.                  equipment is not commercially                          a continuous miner is used to extract
                                                  Persons delivering documents are                        available.                                             coal, the area will be rock-dusted prior
                                                  required to check in at the receptionist’s                 (2) Viper Mine will maintain a log for              to energizing the electronic surveying
                                                  desk in Suite 4E401. Individuals may                    electronic surveying equipment. The log                equipment.


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Document Created: 2018-02-08 07:45:26
Document Modified: 2018-02-08 07:45:26
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.
ContactBarbara Barron at 202-693-9447 (Voice), [email protected] (Email), or 202-693-9441 (Telefax). [These are not toll-free numbers].
FR Citation81 FR 42736 

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