81 FR 67396 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

Page Range		67396-67397
FR Document		2016-23626

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 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Notices]
[Pages 67396-67397]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23626]


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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 MSHA's Office 
of Standards, Regulations, and Variances on or before October 31, 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-2016-027-C.
    Petitioner: Oak Gove Resources, LLC, 8360 Taylors Ferry Road, 
Hueytown, Alabama 35023.
    Mine: Oak Grove Mine, MSHA I.D. No. 01-00851, located in Jefferson 
County, Alabama.
    Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method of compliance for 
weekly examinations of the four-part overcast bank located in the Main 
North entries at spad number 16+20, due to deteriorating roof and rib 
conditions that have made traveling the area unsafe and conditions in 
the area are impractical and unsafe to rehabilitate. The petitioner 
proposes to have a certified person take air quantity and quality 
measurements at monitoring points 71A and 71C at entrance and exist of 
overcast bank will afford the mines the same protection as the existing 
standard. The petitioner asserts that the existing standard 30 CFR 
75.364(b)(2) undermines the safety of the miners by placing them in an 
area with deteriorated roof and rib conditions. The petitioner states 
that the following terms and conditions will be followed:
    (1) Monitoring stations 71A and 71C will allow effective evaluation 
of airflow across overcast used to ventilate old works.
    (a) Monitoring station 71A will evaluate air entering overcast 
bank.
    (b) Monitoring station 71C will evaluate air as it leaves overcast 
bank.
    (2) Signs showing safe travel route to each monitoring station will 
be posed in adjacent entries. Monitoring stations and routes will be 
kept free of water accumulations.
    (3) A certified person will conduct weekly evaluations at each of 
the monitoring stations. Evaluations will include quantity and quality 
of air entering or exiting overcast bank. Measurements will be made 
using MSHA-approved and calibrated hand-held multi gas detectors to 
check for methane, and oxygen concentrations. Appropriate calibrated 
anemometers will be used to check airflow and volume.
    (4) A diagram of normal air flow will be posted at 71A and 71C 
monitoring points and maintained legible. Any changes will be reported 
to the Mine Foreman for immediate investigation.
    (5) At each monitoring station, a date board will be provided where 
date, time, and examiner's initials will be recorded along with 
measured quantity and quality of air. Results including conditions of 
accessible controls will be recorded in a book kept on the surface and 
made available to all interested parties.
    (6) All monitoring stations and approaches will at all times be 
maintained in a safe condition. The roof will be supported by bolts and 
other means to prevent deterioration in the area of monitoring points.
    (7) Monitoring stations locations will be shown on an annually 
submitted mine ventilation map. Monitoring stations will not be moved 
to another location without prior approval by the District Manager as 
part of the ventilation plan for the mine.
    (8) For added safety additional roof support will be added under 
overcasts that belt and track travel through.
    (9) Prior to implementation of this modification, all mine 
personnel will be instructed that except along designated routes no 
travel into the petitioned area will be permitted and all approaches 
will be fenced or barricaded with ``DO NOT ENTER'' warning signs.
    (10) The overcast area is not being used for work or travel, and, 
upon information and belief, no one has performed work, examinations, 
inspections, or otherwise traveled in the overcast area in many years.
    (11) Within 60 days after the Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit proposed revisions for the 
approved part 48 training plan to the District

[[Page 67397]]

Manager. The revisions will include initial and refresher training 
regarding compliance with the PDO.
    (12) Use of the proposed alternative method described in this 
petition will prevent miners from being exposed to unnecessary hazards, 
and will increase the measure of protection to the miners.
    The petitioner asserts that application of the existing standard to 
the particular overcast area will result in a diminution of safety to 
the miners and that the proposed alternative method will at all times 
guarantee no less than the same measure of protection to the miners as 
would be provided by the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-23626 Filed 9-29-16; 8:45 am]
 BILLING CODE 4520-23-P

67396 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices

River, Wyoming 82935, MSHA I.D. No. Regulations, and Variances at 202–693– (a) Monitoring station 71A will
48–01295, located in Sweetwater 9447 (Voice), barron.barbara@dol.gov evaluate air entering overcast bank.
County, Wyoming. (Email), or 202–693–9441 (Facsimile). (b) Monitoring station 71C will
Regulation Affected: 30 CFR [These are not toll-free numbers.] evaluate air as it leaves overcast bank.
57.22606(a) and (c) (Explosive materials SUPPLEMENTARY INFORMATION: (2) Signs showing safe travel route to
and blasting units (III mines). each monitoring station will be posed in
I. Background adjacent entries. Monitoring stations
Sheila McConnell, and routes will be kept free of water
Section 101(c) of the Federal Mine
Director, Office of Standards, Regulations, Safety and Health Act of 1977 (Mine accumulations.
and Variances. (3) A certified person will conduct
Act) allows the mine operator or
[FR Doc. 2016–23625 Filed 9–29–16; 8:45 am] weekly evaluations at each of the
representative of miners to file a
BILLING CODE 4520–43–P petition to modify the application of any monitoring stations. Evaluations will
mandatory safety standard to a coal or include quantity and quality of air
other mine if the Secretary of Labor entering or exiting overcast bank.
DEPARTMENT OF LABOR determines that: Measurements will be made using
1. An alternative method of achieving MSHA-approved and calibrated hand-
Mine Safety and Health Administration held multi gas detectors to check for
the result of such standard exists which
Petitions for Modification of will at all times guarantee no less than methane, and oxygen concentrations.
Application of Existing Mandatory the same measure of protection afforded Appropriate calibrated anemometers
Safety Standards the miners of such mine by such will be used to check airflow and
standard; or volume.
AGENCY: Mine Safety and Health 2. That the application of such (4) A diagram of normal air flow will
Administration, Labor. standard to such mine will result in a be posted at 71A and 71C monitoring
ACTION: Notice. diminution of safety to the miners in points and maintained legible. Any
such mine. changes will be reported to the Mine
SUMMARY: Section 101(c) of the Federal In addition, the regulations at 30 CFR Foreman for immediate investigation.
Mine Safety and Health Act of 1977 and 44.10 and 44.11 establish the (5) At each monitoring station, a date
Title 30 of the Code of Federal requirements and procedures for filing board will be provided where date,
Regulations Part 44 govern the petitions for modification. time, and examiner’s initials will be
application, processing, and disposition recorded along with measured quantity
of petitions for modification. This notice II. Petitions for Modification and quality of air. Results including
is a summary of petitions for Docket Number: M–2016–027–C. conditions of accessible controls will be
modification submitted to the Mine Petitioner: Oak Gove Resources, LLC, recorded in a book kept on the surface
Safety and Health Administration 8360 Taylors Ferry Road, Hueytown, and made available to all interested
(MSHA) by the parties listed below. Alabama 35023. parties.
DATES: All comments on the petitions
Mine: Oak Grove Mine, MSHA I.D. (6) All monitoring stations and
must be received by MSHA’s Office of No. 01–00851, located in Jefferson approaches will at all times be
Standards, Regulations, and Variances County, Alabama. maintained in a safe condition. The roof
Regulation Affected: 30 CFR will be supported by bolts and other
on or before October 31, 2016.
75.364(b)(2) (Weekly examination). means to prevent deterioration in the
ADDRESSES: You may submit your Modification Request: The petitioner area of monitoring points.
comments, identified by ‘‘docket requests a modification of the existing (7) Monitoring stations locations will
number’’ on the subject line, by any of standard to permit an alternative be shown on an annually submitted
the following methods: method of compliance for weekly mine ventilation map. Monitoring
1. Electronic Mail: zzMSHA- examinations of the four-part overcast stations will not be moved to another
comments@dol.gov. Include the docket bank located in the Main North entries location without prior approval by the
number of the petition in the subject at spad number 16+20, due to District Manager as part of the
line of the message. deteriorating roof and rib conditions ventilation plan for the mine.
2. Facsimile: 202–693–9441. that have made traveling the area unsafe (8) For added safety additional roof
3. Regular Mail or Hand Delivery: and conditions in the area are support will be added under overcasts
MSHA, Office of Standards, impractical and unsafe to rehabilitate. that belt and track travel through.
Regulations, and Variances, 201 12th The petitioner proposes to have a (9) Prior to implementation of this
Street South, Suite 4E401, Arlington, certified person take air quantity and modification, all mine personnel will be
Virginia 22202–5452, Attention: Sheila quality measurements at monitoring instructed that except along designated
McConnell, Director, Office of points 71A and 71C at entrance and routes no travel into the petitioned area
Standards, Regulations, and Variances. exist of overcast bank will afford the will be permitted and all approaches
Persons delivering documents are mines the same protection as the will be fenced or barricaded with ‘‘DO
required to check in at the receptionist’s existing standard. The petitioner asserts NOT ENTER’’ warning signs.
desk in Suite 4E401. Individuals may that the existing standard 30 CFR (10) The overcast area is not being
inspect copies of the petitions and 75.364(b)(2) undermines the safety of used for work or travel, and, upon
comments during normal business the miners by placing them in an area information and belief, no one has
hours at the address listed above. with deteriorated roof and rib performed work, examinations,
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MSHA will consider only comments conditions. The petitioner states that the inspections, or otherwise traveled in the
postmarked by the U.S. Postal Service or following terms and conditions will be overcast area in many years.
proof of delivery from another delivery followed: (11) Within 60 days after the Proposed
service such as UPS or Federal Express (1) Monitoring stations 71A and 71C Decision and Order (PDO) becomes
on or before the deadline for comments. will allow effective evaluation of airflow final, the petitioner will submit
FOR FURTHER INFORMATION CONTACT: across overcast used to ventilate old proposed revisions for the approved
Barbara Barron, Office of Standards, works. part 48 training plan to the District

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Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices 67397

Manager. The revisions will include copy of your comments and attachments instruments are understandable, and
initial and refresher training regarding to the OSHA Docket Office, Docket No. OSHA’s estimate of the information
compliance with the PDO. OSHA–2010–0008, U.S. Department of collection burden is correct. The
(12) Use of the proposed alternative Labor, Room N–2625, 200 Constitution Occupational Safety and Health Act of
method described in this petition will Avenue NW., Washington, DC 20210. 1970 (the OSH Act) authorizes
prevent miners from being exposed to Deliveries (hand, express mail, information collection by employers as
unnecessary hazards, and will increase messenger, and courier service) are necessary or appropriate for
the measure of protection to the miners. accepted during the Department of enforcement of the OSH Act, or for
The petitioner asserts that application Labor’s and Docket Office’s normal developing information regarding the
of the existing standard to the particular business hours, 8:15 a.m. to 4:45 p.m., causes and prevention of occupational
overcast area will result in a diminution e.t. injuries, illnesses, and accidents (29
of safety to the miners and that the Instructions: All submissions must U.S.C. 657).
proposed alternative method will at all include the Agency name and the OSHA The Standards on Construction Fall
times guarantee no less than the same docket number (Docket No. OSHA–
Protection Systems Criteria and
measure of protection to the miners as 2010–0008) for this Information
Practices (29 CFR 1926.502) and
would be provided by the existing Collection Request (ICR). All comments,
standard. Training Requirements (29 CFR
including any personal information you
1926.503) ensure that employers
Sheila McConnell,
provide, are placed in the public docket
provide the required fall protection for
without change, and may be made
Director, Office of Standards, Regulations, their workers. Accordingly, these
and Variances.
available online at http://
standards have the following paperwork
www.regulations.gov. For further
[FR Doc. 2016–23626 Filed 9–29–16; 8:45 am] requirements: Paragraphs (c)(4)(ii) and
information on submitting comments,
BILLING CODE 4520–23–P (k) of 29 CFR 1926.502, which specify
see the ‘‘Public Participation’’ heading
certification of safety nets and
in the section of this notice titled
SUPPLEMENTARY INFORMATION.
development of fall protection plans,
DEPARTMENT OF LABOR respectively, and paragraph (b) of 29
Docket: To read or download
comments or other material in the CFR 1926.503, which requires
Occupational Safety and Health employers to certify training records.
Administration docket, go to http://www.regulations.gov
or the OSHA Docket Office at the The training certification requirement
[Docket No. OSHA–2010–0008] address above. All documents in the specified in paragraph (b) of 29 CFR
docket (including this Federal Register 1926.503 documents the training
Construction Fall Protection Systems provided to workers potentially exposed
notice) are listed in the http://
Criteria and Practices, and Training to fall hazards in construction. A
www.regulations.gov index; however,
Requirements; Extension of the Office competent person must train these
some information (e.g., copyrighted
of Management and Budget’s (OMB) workers to recognize fall hazards and in
material) is not publicly available to
Approval of Information Collection the use of procedures and equipment
read or download from the Web site. All
(Paperwork) Requirements that minimize these hazards. An
submissions, including copyrighted
AGENCY: Occupational Safety and Health material, are available for inspection employer must verify compliance with
Administration (OSHA), Labor. and copying at the OSHA Docket Office. this training requirement by preparing
You may also contact Theda Kenney, and maintaining a written certification
ACTION: Request for public comments.
Directorate of Standards and Guidance, record that contains the name or other
SUMMARY: OSHA solicits public OSHA, U.S. Department of Labor, Room identifier of the worker receiving the
comments concerning its proposal to N–3609, 200 Constitution Avenue NW., training, the date(s) of the training, and
extend OMB approval of the Washington, DC 20210; (202) 693–2044, the signature of the competent person
information collection requirements to obtain a copy of the ICR. who conducted the training, or of the
contained in the Construction Standards employer.
FOR FURTHER INFORMATION CONTACT:
on Fall Protection Systems Criteria and Office of Construction Services, II. Special Issues for Comment
Practices (29 CFR 1926.502), and Directorate of Construction, OSHA, U.S.
Training Requirements (29 CFR Department of Labor, Room N–3476, OSHA has a particular interest in
1926.503). 200 Constitution Avenue NW., comments on the following issues:
DATES: Comments must be submitted Washington, DC 20210; telephone (202) • Whether the proposed information
(postmarked, sent, or received) by 693–2020. collection requirements are necessary
November 29, 2016. SUPPLEMENTARY INFORMATION: for the proper performance of the
ADDRESSES: Agency’s functions, including whether
I. Background the information is useful;
Electronically: You may submit
comments and attachments The Department of Labor, as part of its • The accuracy of OSHA’s estimate of
electronically at http:// continuing effort to reduce paperwork the burden (time and costs) of the
www.regulations.gov, which is the and respondent (i.e., employer) burden, information collection requirements,
Federal eRulemaking Portal. Follow the conducts a preclearance consultation including the validity of the
instructions online for submitting program to provide the public with an methodology and assumptions used;
opportunity to comment on proposed
mstockstill on DSK3G9T082PROD with NOTICES

comments.
Facsimile: If your comments, and continuing information collection • The quality, utility, and clarity of
including attachments, are not longer requirements in accord with the the information collected; and
than 10 pages you may fax them to the Paperwork Reduction Act of 1995 (PRA) • Ways to minimize the burden on
OSHA Docket Office at (202) 693–1648. (44 U.S.C. 3506(c)(2)(A)). This program employers who must comply; for
Mail, hand delivery, express mail, ensures that information is in the example, by using automated or other
messenger, or courier service: When desired format, reporting burden (time technological information collection
using this method, you must submit a and costs) is minimal, collection and transmission techniques.

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Document Created: 2018-02-09 13:34:02
Document Modified: 2018-02-09 13:34:02

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 MSHA's Office of Standards, Regulations, and Variances on or before October 31, 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 67396

81 FR 67396 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 81, Issue 190 (September 30, 2016)

DEPARTMENT OF LABOR
Mine Safety and Health Administration