81_FR_79740 81 FR 79521 - Petitions for Modification of Application of Existing Mandatory Safety Standards

81 FR 79521 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79521-79523
FR Document2016-27286

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 219 (Monday, November 14, 2016)
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79521-79523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27286]


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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.

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

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 December 14, 
2016.

[[Page 79522]]


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-2016-028-C.
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. No. 15-19374, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing or diagnostic equipment inby the last open crosscut. The 
petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature and distance probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, electronic tachometers, 
signal analyzer devices, and ultrasonic measuring devices. 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 weekly in the examination book and will be made available 
to MSHA and the miners at the mine.
    (3) A qualified person as defined in existing 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 1.0 
percent. When 1.0 percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and withdrawn outby the last open crosscut.
    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (6) Except for time necessary to troubleshoot 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 manufacturer's recommendations.
    (8) Qualified personnel who use 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 the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.

    Docket Number: M-2016-029-C.
    Petitioner: River View Coal, LLC, 835 State Route 1179, Waverly, 
Kentucky 42462.
    Mine: River View Mine, MSHA I.D. No. 15-19374, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of nonpermissible electronic 
testing or diagnostic equipment in return air outby the last open 
crosscut. The petitioner states that:
    (1) Nonpermissible electronic testing and diagnostic equipment to 
be used includes: Laptop computers, oscilloscopes, vibration analysis 
machines, cable fault detectors, point temperature and distance probes, 
infrared temperature devices, insulation testers (meggers), voltage, 
current, resistance meters and power testers, electronic tachometers, 
signal analyzer devices, and ultrasonic measuring devices. 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 
return air outby 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 weekly in the examination book and 
will be made available to MSHA and the miners at the mine.
    (3) A qualified person as defined in existing 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in return 
air outby the last open crosscut.
    (4) Nonpermissible electronic testing and diagnostic equipment will 
not be used if methane is detected in concentrations at or above 1.0 
percent. When 1.0 percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and withdrawn from the return air outby the 
last open crosscut.

[[Page 79523]]

    (5) All hand-held methane detectors will be MSHA-approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (6) All electronic testing and diagnostic equipment will be used in 
accordance with the manufacturer's recommendations.
    (7) Qualified personnel who use 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 the 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee no less than the 
same measure of protection afforded by the existing standard.

    Docket Number: M-2016-030-C.
    Petitioner: Pennyrile Energy, LLC, 7386 State Route 593, Calhoun, 
Kentucky 42327.
    Mine: Riveredge Mine, MSHA I.D. No. 15-19424, located in Mclean 
County, Kentucky.
    Regulation Affected: 30 CFR 75.313(c)(2) (Main mine fan stoppage 
with persons underground).
    Modification Request: The petitioner requests a modification of the 
existing standard to prevent excessive levels of water from building up 
in the mine in the event of a long term electrical power outage due to 
uncontrollable circumstances. The petitioner states that:
    (1) The mine has water that comes in continuously from the slope 
and would build up to dangerous levels if not maintained properly in a 
power outage. The only deviation to the standard would be to power the 
main sump pump with a generator through a long-term electrical outage. 
This electrical power would not need to be used when miners are 
underground and would be removed after restoration of power to the main 
fan and not switch back to regular power until an examination of the 
area is conducted. This could cause a diminution of safety to the 
miners when returning underground after a long-term power outage 
because of water levels reaching the mine roof causing unstable roof 
conditions. Water entering some of the main electrical substations and 
high voltage power feeds could cause an electrical explosion or 
possible electrocution.
    (2) The pump to be used is a permissible Stancor MSHA-approved P 
series portable electric submersible pump (Product #P-70CE-HH). The 
pump is a 460VAC three-phase motor, FLC 39 amperes, 28Hp with two 
overload thermal switches incorporated in the stator and short circuit, 
locked rotor overload protection. The cable powering the pump will 
start in the hoist house branching from the 480VAC in the hoist house 
through a Fused Disconnect Switch with 60 ampere fuses. The fused 
Disconnect Switch will be connected to a Ground Check Enclosure mounted 
in the Hoist House to monitor the Grounding Conductor. Approximately 80 
feet of #6 G-GC cable will be installed to power the permissible 
Stancor pump control box mounted at the Fan House. The pump control box 
will feed into the return airshaft with #6 G-GC cable for 444 feet to a 
permissible Disconnect Switch and from the permissible Disconnect 
Switch through #6 G-GC cable 40 feet to the 28Hp pump.
    (3) The controller will be located on the side of the main fan 
house on the surface and will have a 45 ampere circuit breaker for 
short circuit protection and a Stancor model 821 liquid controller and 
motor protection unit for overload protection. The pump will be started 
and stopped from the Stancor model protection relay. There will be an 
electrical disconnect located underground at the pump location to aid 
in servicing the pump. The pump will be operated by the pump current 
control system.
    (4) If mine power is down and fan off, the pump will run on a 
generator that is grounded with two 8-foot grounding rods attached with 
#4 bare copper. All persons will be kept 100 feet away from the slope 
entrance while the generator and pump are in operation. After power is 
restored, areas around the immediate bottom (sump pump and power 
centers) will be examined as required. The Sump Pump and power cable 
will be included as part of this examination. Weekly and monthly 
examinations will be conducted on the pump, controller, and generator 
as required.
    The petitioner asserts that application of the existing standard 
will result in a diminution of safety to the miners.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-27286 Filed 11-10-16; 8:45 am]
 BILLING CODE 4520-43-P



                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                                 79521

                                                    Industrial Park, Bantian Street,                        Issued: November 7. 2016.                           Ref. No. 90–11–3–09733/3. All
                                                    Longgang Shenzhen, China, 518112                      Lisa R. Barton,                                       comments must be submitted no later
                                                  Grando d/b/a Shenzhen Dashentai                         Secretary to the Commission.                          than thirty (30) days after the
                                                    Network Technology Co., Ltd., 806                     [FR Doc. 2016–27251 Filed 11–10–16; 8:45 am]          publication date of this notice.
                                                    Dongbian Building No.222 Minzhi                       BILLING CODE 7020–02–P                                Comments may be submitted either by
                                                    Road, Minzhi Street Longhuaxinqu,                                                                           email or by mail:
                                                    Shenzhen, China, 518109                                                                                     To submit
                                                  Shenzhen Yingxue Technology Co.,                        DEPARTMENT OF JUSTICE                                 comments:           Send them to:
                                                    Ltd., Room 14H, Haojingmingyuan                       Notice of Lodging of Proposed
                                                    Phase II No.28 Zhengqing Road, Buji                                                                         By email .......    pubcomment-ees.enrd@
                                                                                                          Consent Decree Under the                                                    usdoj.gov.
                                                    Town, Longgang District, Shenzhen,                    Comprehensive Environmental                           By mail .........   Assistant Attorney General,
                                                    China, 518112                                         Response, Compensation, and Liability                                       U.S. DOJ—ENRD, P.O.
                                                  Shenzhen Longwang Technology Co.,                       Act                                                                         Box 7611, Washington, DC
                                                    Ltd., d/b/a LWANG B21, 5/F, West Of                                                                                               20044–7611.
                                                                                                             On November 1, 2016, the Department
                                                    Bldg. 4, Seg Tech Park, Huaqiang                      of Justice lodged a proposed consent                    Under section 7003(d) of RCRA, a
                                                    North Rd., Futian Dist., Shenzhen,                    decree with the United States District                commenter may request an opportunity
                                                    Guangdong, China, 518000                              Court for the District of Arizona in the              for a public meeting in the affected area.
                                                  Hu Peng d/b/a AtomBud Room 602,                         lawsuit entitled United States v.                       During the public comment period,
                                                    Unit 1, Dongfangqinyuan 2 Pingan                      WestRock CP, LLC, Civil Action No. CV–                the consent decree may be examined
                                                    Road, Longgang District Shenzhen,                     16–08247–PCT–PGR.                                     and downloaded at this Justice
                                                    China, 518112                                            The United States alleged that                     Department Web site: https://
                                                                                                          WestRock CP, LLC—as the successor to                  www.justice.gov/enrd/consent-decrees.
                                                     (c) The Office of Unfair Import                      Southwest Forest Industries, Inc.—is                  We will provide a paper copy of the
                                                  Investigations, U.S. International Trade                liable under Section 107 of the                       consent decree upon written request
                                                  Commission, 500 E Street, SW., Suite                    Comprehensive Environmental                           and payment of reproduction costs.
                                                  401, Washington, DC 20436; and                          Response, Compensation, and Liability                 Please mail your request and payment
                                                     (3) For the investigation so instituted,             Act (CERCLA), 42 U.S.C. 9607, for                     to: Consent Decree Library, U.S. DOJ—
                                                  the Chief Administrative Law Judge,                     reimbursement of response costs                       ENRD, P.O. Box 7611, Washington, DC
                                                  U.S. International Trade Commission,                    incurred or to be incurred by the U.S.                20044–7611.
                                                  shall designate the presiding                           Environmental Protection Agency in                      Please enclose a check or money order
                                                  Administrative Law Judge.                               connection with releases or threatened                for $6.00 (25 cents per page
                                                                                                          releases of hazardous substances into                 reproduction cost) payable to the United
                                                     Responses to the complaint and the                   the environment at or from land
                                                  notice of investigation must be                                                                               States Treasury.
                                                                                                          associated with a former wood-treating
                                                  submitted by the named respondents in                   facility located approximately 1 mile                 Henry Friedman,
                                                  accordance with section 210.13 of the                   northeast of Prescott, Arizona and on                 Assistant Section Chief, Environmental
                                                  Commission’s Rules of Practice and                      the Yavapai-Prescott Indian reservation.              Enforcement Section, Environment and
                                                  Procedure, 19 CFR 210.13. Pursuant to                   To date, unreimbursed response costs                  Natural Resources Division.
                                                  19 CFR 201.16(e) and 210.13(a), such                    have totaled approximately $6.2                       [FR Doc. 2016–27229 Filed 11–10–16; 8:45 am]
                                                  responses will be considered by the                     million. Under the proposed consent                   BILLING CODE 4410–15–P
                                                  Commission if received not later than 20                decree and consistent with an earlier
                                                  days after the date of service by the                   bankruptcy settlement agreement, the
                                                  Commission of the complaint and the                     United States will be allowed a general               DEPARTMENT OF LABOR
                                                  notice of investigation. Extensions of                  unsecured claim in the sum of $2.8
                                                  time for submitting responses to the                    million in the Chapter 11 bankruptcy                  Mine Safety and Health Administration
                                                  complaint and the notice of                             case involving WestRock CP, LLC’s
                                                  investigation will not be granted unless                                                                      Petitions for Modification of
                                                                                                          predecessor Smurfit-Stone Container
                                                  good cause therefor is shown.                                                                                 Application of Existing Mandatory
                                                                                                          Corporation. The allowed claim will be
                                                                                                                                                                Safety Standards
                                                     Failure of a respondent to file a timely             satisfied as a cash distribution of
                                                  response to each allegation in the                      $1,602,877.46; 56,064 shares of                       AGENCY: Mine Safety and Health
                                                  complaint and in this notice may be                     WestRock Company stock; and 9,344                     Administration, Labor.
                                                  deemed to constitute a waiver of the                    shares of Ingevity Corporation stock. In              ACTION: Notice.
                                                  right to appear and contest the                         return, the United States covenants not
                                                                                                          to sue or take administrative action                  SUMMARY:   Section 101(c) of the Federal
                                                  allegations of the complaint and this                                                                         Mine Safety and Health Act of 1977 and
                                                  notice, and to authorize the                            against WestRock CP, LLC pursuant to
                                                                                                          Sections 106 and 107(a) of CERCLA, 42                 Title 30 of the Code of Federal
                                                  administrative law judge and the                                                                              Regulations Part 44 govern the
                                                  Commission, without further notice to                   U.S.C. 9606 and 9607(a), and Section
                                                                                                          7003 of the Resource Conservation and                 application, processing, and disposition
                                                  the respondent, to find the facts to be as                                                                    of petitions for modification. This notice
                                                  alleged in the complaint and this notice                Recovery Act (RCRA), 42 U.S.C. 6973,
                                                                                                          regarding the site.                                   is a summary of petitions for
mstockstill on DSK3G9T082PROD with NOTICES




                                                  and to enter an initial determination                                                                         modification submitted to the Mine
                                                                                                             The publication of this notice opens
                                                  and a final determination containing                                                                          Safety and Health Administration
                                                                                                          a period for public comment on the
                                                  such findings, and may result in the                    consent decree. Comments should be                    (MSHA) by the parties listed below.
                                                  issuance of an exclusion order or a cease               addressed to the Assistant Attorney                   DATES: All comments on the petitions
                                                  and desist order or both directed against               General, Environment and Natural                      must be received by MSHA’s Office of
                                                  the respondent.                                         Resources Division, and should refer to               Standards, Regulations, and Variances
                                                     By order of the Commission.                          United States v. WestRock CP, LLC, D.J.               on or before December 14, 2016.


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                                                  79522                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                  ADDRESSES:   You may submit your                           Modification Request: The petitioner                  The petitioner asserts that under the
                                                  comments, identified by ‘‘docket                        requests a modification of the existing               terms and conditions of the petition for
                                                  number’’ on the subject line, by any of                 standard to permit the use of                         modification, the use of nonpermissible
                                                  the following methods:                                  nonpermissible electronic testing or                  electronic testing and diagnostic
                                                     1. Electronic Mail: zzMSHA-                          diagnostic equipment inby the last open               equipment will at all times guarantee no
                                                  comments@dol.gov. Include the docket                    crosscut. The petitioner states that:                 less than the same measure of protection
                                                  number of the petition in the subject                      (1) Nonpermissible electronic testing              afforded by the existing standard.
                                                  line of the message.                                    and diagnostic equipment to be used                      Docket Number: M–2016–029–C.
                                                     2. Facsimile: 202–693–9441.                          includes: Laptop computers,                              Petitioner: River View Coal, LLC, 835
                                                     3. Regular Mail or Hand Delivery:                    oscilloscopes, vibration analysis                     State Route 1179, Waverly, Kentucky
                                                  MSHA, Office of Standards,                              machines, cable fault detectors, point                42462.
                                                  Regulations, and Variances, 201 12th                    temperature and distance probes,                         Mine: River View Mine, MSHA I.D.
                                                  Street South, Suite 4E401, Arlington,                   infrared temperature devices, insulation              No. 15–19374, located in Union County,
                                                  Virginia 22202–5452, Attention: Sheila                  testers (meggers), voltage, current,                  Kentucky.
                                                  McConnell, Director, Office of                          resistance meters and power testers,                     Regulation Affected: 30 CFR 75.507–
                                                  Standards, Regulations, and Variances.                  electronic tachometers, signal analyzer               1(a) (Electric equipment other than
                                                  Persons delivering documents are                        devices, and ultrasonic measuring                     power-connection points; outby the last
                                                  required to check in at the receptionist’s              devices. Other testing and diagnostic                 open crosscut; return air; permissibility
                                                  desk in Suite 4E401. Individuals may                    equipment may be used if approved in                  requirements).
                                                  inspect copies of the petitions and                     advance by the MSHA District Manager.                    Modification Request: The petitioner
                                                  comments during normal business                            (2) All nonpermissible testing and
                                                                                                                                                                requests a modification of the existing
                                                  hours at the address listed above.                      diagnostic equipment used in or inby
                                                                                                                                                                standard to permit the use of
                                                     MSHA will consider only comments                     the last open crosscut will be examined
                                                                                                                                                                nonpermissible electronic testing or
                                                  postmarked by the U.S. Postal Service or                by a qualified person (as defined in 30
                                                                                                                                                                diagnostic equipment in return air outby
                                                  proof of delivery from another delivery                 CFR 75.153) prior to use to ensure the
                                                                                                                                                                the last open crosscut. The petitioner
                                                  service such as UPS or Federal Express                  equipment is being maintained in a safe
                                                                                                                                                                states that:
                                                  on or before the deadline for comments.                 operating condition. The examination
                                                                                                                                                                   (1) Nonpermissible electronic testing
                                                  FOR FURTHER INFORMATION CONTACT:                        results will be recorded weekly in the
                                                                                                                                                                and diagnostic equipment to be used
                                                  Barbara Barron, Office of Standards,                    examination book and will be made
                                                                                                                                                                includes: Laptop computers,
                                                  Regulations, and Variances at 202–693–                  available to MSHA and the miners at the
                                                                                                                                                                oscilloscopes, vibration analysis
                                                  9447 (Voice), barron.barbara@dol.gov                    mine.
                                                                                                             (3) A qualified person as defined in               machines, cable fault detectors, point
                                                  (Email), or 202–693–9441 (Facsimile).                                                                         temperature and distance probes,
                                                  [These are not toll-free numbers.]                      existing 30 CFR 75.151 will
                                                                                                          continuously monitor for methane                      infrared temperature devices, insulation
                                                  SUPPLEMENTARY INFORMATION:                                                                                    testers (meggers), voltage, current,
                                                                                                          immediately before and during the use
                                                  I. Background                                           of nonpermissible electronic testing and              resistance meters and power testers,
                                                                                                          diagnostic equipment in or inby the last              electronic tachometers, signal analyzer
                                                     Section 101(c) of the Federal Mine                                                                         devices, and ultrasonic measuring
                                                  Safety and Health Act of 1977 (Mine                     open crosscut.
                                                                                                             (4) Nonpermissible electronic testing              devices. Other testing and diagnostic
                                                  Act) allows the mine operator or                                                                              equipment may be used if approved in
                                                  representative of miners to file a                      and diagnostic equipment will not be
                                                                                                          used if methane is detected in                        advance by the MSHA District Manager.
                                                  petition to modify the application of any                                                                        (2) All nonpermissible testing and
                                                  mandatory safety standard to a coal or                  concentrations at or above 1.0 percent.
                                                                                                          When 1.0 percent or more methane is                   diagnostic equipment used in return air
                                                  other mine if the Secretary of Labor                                                                          outby the last open crosscut will be
                                                  determines that:                                        detected while the nonpermissible
                                                                                                          electronic equipment is being used, the               examined by a qualified person (as
                                                     1. An alternative method of achieving
                                                                                                          equipment will be deenergized                         defined in 30 CFR 75.153) prior to use
                                                  the result of such standard exists which
                                                                                                          immediately and withdrawn outby the                   to ensure the equipment is being
                                                  will at all times guarantee no less than
                                                                                                          last open crosscut.                                   maintained in a safe operating
                                                  the same measure of protection afforded
                                                                                                             (5) All hand-held methane detectors                condition. The examination results will
                                                  the miners of such mine by such
                                                                                                          will be MSHA-approved and                             be recorded weekly in the examination
                                                  standard; or
                                                                                                          maintained in permissible and proper                  book and will be made available to
                                                     2. That the application of such
                                                                                                          operating condition as defined in 30                  MSHA and the miners at the mine.
                                                  standard to such mine will result in a
                                                                                                          CFR 75.320.                                              (3) A qualified person as defined in
                                                  diminution of safety to the miners in
                                                                                                             (6) Except for time necessary to                   existing 30 CFR 75.151 will
                                                  such mine.
                                                     In addition, the regulations at 30 CFR               troubleshoot under actual mining                      continuously monitor for methane
                                                  44.10 and 44.11 establish the                           conditions, coal production in the                    immediately before and during the use
                                                  requirements and procedures for filing                  section will cease. However, coal may                 of nonpermissible electronic testing and
                                                  petitions for modification.                             remain in or on the equipment to test                 diagnostic equipment in return air outby
                                                                                                          and diagnose the equipment under                      the last open crosscut.
                                                  II. Petitions for Modification                          ‘‘load.’’                                                (4) Nonpermissible electronic testing
                                                     Docket Number: M–2016–028–C.                            (7) All electronic testing and                     and diagnostic equipment will not be
                                                                                                          diagnostic equipment will be used in                  used if methane is detected in
mstockstill on DSK3G9T082PROD with NOTICES




                                                     Petitioner: River View Coal, LLC, 835
                                                  State Route 1179, Waverly, Kentucky                     accordance with the manufacturer’s                    concentrations at or above 1.0 percent.
                                                  42462.                                                  recommendations.                                      When 1.0 percent or more methane is
                                                     Mine: River View Mine, MSHA I.D.                        (8) Qualified personnel who use                    detected while the nonpermissible
                                                  No. 15–19374, located in Union County,                  electronic testing and diagnostic                     electronic equipment is being used, the
                                                  Kentucky.                                               equipment will be properly trained to                 equipment will be deenergized
                                                     Regulation Affected: 30 CFR 75.500(d)                recognize the hazards and limitations                 immediately and withdrawn from the
                                                  (Permissible electric equipment).                       associated with use of the equipment.                 return air outby the last open crosscut.


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                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                          79523

                                                     (5) All hand-held methane detectors                  overload thermal switches incorporated                NATIONAL ARCHIVES AND RECORDS
                                                  will be MSHA-approved and                               in the stator and short circuit, locked               ADMINISTRATION
                                                  maintained in permissible and proper                    rotor overload protection. The cable
                                                                                                                                                                [NARA–2017–006]
                                                  operating condition as defined in 30                    powering the pump will start in the
                                                  CFR 75.320.                                             hoist house branching from the 480VAC                 Records Schedules; Availability and
                                                     (6) All electronic testing and                       in the hoist house through a Fused                    Request for Comments
                                                  diagnostic equipment will be used in                    Disconnect Switch with 60 ampere
                                                  accordance with the manufacturer’s                                                                            AGENCY: National Archives and Records
                                                                                                          fuses. The fused Disconnect Switch will
                                                  recommendations.                                                                                              Administration (NARA).
                                                                                                          be connected to a Ground Check
                                                     (7) Qualified personnel who use                                                                            ACTION: Notice of availability of
                                                                                                          Enclosure mounted in the Hoist House
                                                  electronic testing and diagnostic                                                                             proposed records schedules; request for
                                                                                                          to monitor the Grounding Conductor.
                                                  equipment will be properly trained to                                                                         comments.
                                                                                                          Approximately 80 feet of #6 G–GC cable
                                                  recognize the hazards and limitations
                                                                                                          will be installed to power the                        SUMMARY:   The National Archives and
                                                  associated with use of the equipment.
                                                                                                          permissible Stancor pump control box                  Records Administration (NARA)
                                                     The petitioner asserts that under the
                                                                                                          mounted at the Fan House. The pump                    publishes notice at least once monthly
                                                  terms and conditions of the petition for
                                                                                                          control box will feed into the return                 of certain Federal agency requests for
                                                  modification, the use of nonpermissible
                                                                                                          airshaft with #6 G–GC cable for 444 feet              records disposition authority (records
                                                  electronic testing and diagnostic
                                                                                                          to a permissible Disconnect Switch and                schedules). Once approved by NARA,
                                                  equipment will at all times guarantee no
                                                                                                          from the permissible Disconnect Switch                records schedules provide mandatory
                                                  less than the same measure of protection
                                                                                                          through #6 G–GC cable 40 feet to the                  instructions on what happens to records
                                                  afforded by the existing standard.
                                                                                                          28Hp pump.                                            when agencies no longer need them for
                                                     Docket Number: M–2016–030–C.                                                                               current Government business. The
                                                     Petitioner: Pennyrile Energy, LLC,                      (3) The controller will be located on              records schedules authorize agencies to
                                                  7386 State Route 593, Calhoun,                          the side of the main fan house on the                 preserve records of continuing value in
                                                  Kentucky 42327.                                         surface and will have a 45 ampere                     the National Archives of the United
                                                     Mine: Riveredge Mine, MSHA I.D. No.                  circuit breaker for short circuit                     States and to destroy, after a specified
                                                  15–19424, located in Mclean County,                     protection and a Stancor model 821                    period, records lacking administrative,
                                                  Kentucky.                                               liquid controller and motor protection                legal, research, or other value. NARA
                                                     Regulation Affected: 30 CFR                          unit for overload protection. The pump                publishes notice in the Federal Register
                                                  75.313(c)(2) (Main mine fan stoppage                    will be started and stopped from the                  for records schedules in which agencies
                                                  with persons underground).                              Stancor model protection relay. There                 propose to destroy records not
                                                     Modification Request: The petitioner                 will be an electrical disconnect located              previously authorized for disposal or
                                                  requests a modification of the existing                 underground at the pump location to                   reduce the retention period of records
                                                  standard to prevent excessive levels of                 aid in servicing the pump. The pump                   already authorized for disposal. NARA
                                                  water from building up in the mine in                   will be operated by the pump current                  invites public comments on such
                                                  the event of a long term electrical power               control system.                                       records schedules, as required by 44
                                                  outage due to uncontrollable                                                                                  U.S.C. 3303a(a).
                                                  circumstances. The petitioner states                       (4) If mine power is down and fan off,
                                                                                                                                                                DATES: NARA must receive requests for
                                                  that:                                                   the pump will run on a generator that                 copies in writing by December 14, 2016.
                                                     (1) The mine has water that comes in                 is grounded with two 8-foot grounding                 Once NARA finishes appraising the
                                                  continuously from the slope and would                   rods attached with #4 bare copper. All                records, we will send you a copy of the
                                                  build up to dangerous levels if not                     persons will be kept 100 feet away from               schedule you requested. We usually
                                                  maintained properly in a power outage.                  the slope entrance while the generator                prepare appraisal memoranda that
                                                  The only deviation to the standard                      and pump are in operation. After power                contain additional information
                                                  would be to power the main sump                         is restored, areas around the immediate               concerning the records covered by a
                                                  pump with a generator through a long-                   bottom (sump pump and power centers)                  proposed schedule. You may also
                                                  term electrical outage. This electrical                 will be examined as required. The Sump                request these. If you do, we will also
                                                  power would not need to be used when                    Pump and power cable will be included                 provide them once we have completed
                                                  miners are underground and would be                     as part of this examination. Weekly and               the appraisal. You have 30 days after we
                                                  removed after restoration of power to                   monthly examinations will be                          send to you these requested documents
                                                  the main fan and not switch back to                     conducted on the pump, controller, and                in which to submit comments.
                                                  regular power until an examination of                   generator as required.                                ADDRESSES: You may request a copy of
                                                  the area is conducted. This could cause                                                                       any records schedule identified in this
                                                  a diminution of safety to the miners                       The petitioner asserts that application
                                                                                                                                                                notice by contacting Records Appraisal
                                                  when returning underground after a                      of the existing standard will result in a
                                                                                                                                                                and Agency Assistance (ACRA) using
                                                  long-term power outage because of                       diminution of safety to the miners.
                                                                                                                                                                one of the following means:
                                                  water levels reaching the mine roof                     Sheila McConnell,                                       Mail: NARA (ACRA); 8601 Adelphi
                                                  causing unstable roof conditions. Water                                                                       Road; College Park, MD 20740–6001.
                                                                                                          Director, Office of Standards, Regulations,
                                                  entering some of the main electrical                    and Variances.                                          Email: request.schedule@nara.gov.
                                                  substations and high voltage power                                                                              FAX: 301–837–3698.
                                                                                                          [FR Doc. 2016–27286 Filed 11–10–16; 8:45 am]
                                                  feeds could cause an electrical                                                                                 You must cite the control number,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  explosion or possible electrocution.                    BILLING CODE 4520–43–P                                which appears in parentheses after the
                                                     (2) The pump to be used is a                                                                               name of the agency that submitted the
                                                  permissible Stancor MSHA-approved P                                                                           schedule, and a mailing address. If you
                                                  series portable electric submersible                                                                          would like an appraisal report, please
                                                  pump (Product #P–70CE–HH). The                                                                                include that in your request.
                                                  pump is a 460VAC three-phase motor,                                                                           FOR FURTHER INFORMATION CONTACT:
                                                  FLC 39 amperes, 28Hp with two                                                                                 Margaret Hawkins, Director, by mail at


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Document Created: 2018-10-24 10:46:21
Document Modified: 2018-10-24 10:46:21
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 MSHA's Office of Standards, Regulations, and Variances on or before December 14, 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 79521 

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