81_FR_9033 81 FR 8998 - Petitions for Modification of Application of Existing Mandatory Safety Standards

81 FR 8998 - Petitions for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8998-8999
FR Document2016-03725

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 35 (Tuesday, February 23, 2016) 
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8998-8999]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03725]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations Part 44 govern the 
application, processing, and disposition of petitions for modification. 
This notice is a summary of petitions for modification submitted to the 
Mine Safety and Health Administration (MSHA) by the parties listed 
below.

DATES: All comments on the petitions must be received by the MSHA's 
Office of Standards, Regulations, and Variances on or before March 24, 
2016.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk in Suite 4E401. Individuals may inspect copies of the petitions 
and comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION:

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or 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.

[[Page 8999]]

    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Number: M-2015-028-C.
    Petitioner: Peabody Energy Company, 115 Grayson Lane, Eldorado, 
Illinois 62930.
    Mine: Wildcat Hills Underground Mine, MSHA I.D. No. 11-03156, 
located in Saline County, Illinois.
    Regulation Affected: 30 CFR 75.507-1(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 an alternative method of compliance to 
allow 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 probes; infrared 
temperature devices; insulation testers (meggers); voltage, current, 
resistance, and power measurement devices; signal analyzer devices; 
ultrasonic thickness gauges; electronic component testers; and 
electronic tachometers. Other testing and diagnostic equipment may be 
used if approved in advance by the MSHA District Manager.
    (2) All nonpermissible testing and diagnostic equipment used in 
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 in the weekly examination book and made 
available to MSHA and the miners at the mine.
    (3) A qualified person as defined in 30 CFR 75.151 will 
continuously monitor for methane immediately before and during the use 
of nonpermissible electronic testing and diagnostic equipment in 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 one 
percent. When one percent or more methane is detected while the 
nonpermissible electronic equipment is being used, the equipment will 
be deenergized immediately and the nonpermissible electronic equipment 
will be withdrawn from return air 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) All electronic testing and diagnostic equipment will be used in 
accordance with the safe use procedures recommended by the 
manufacturer.
    (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 this 
petition for modification, the use of nonpermissible electronic testing 
and diagnostic equipment will at all times guarantee not less than the 
same measure of protection afforded by the existing standard.

Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-03725 Filed 2-22-16; 8:45 am]
 BILLING CODE 4520-43-P

8998 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices II. Petitions for Modification from service immediately, repaired, SUMMARY: Section 101(c) of the Federal Docket Number: M–2016–001–C. replaced, and additional precautions Mine Safety and Health Act of 1977 and Petitioner: Peabody Energy Company, will be taken to ensure that, in the Title 30 of the Code of Federal 12968 Illinois State Route 13, future, the cable is protected and Regulations Part 44 govern the Coulterville, Illinois 62237. maintained in safe operating condition. application, processing, and disposition Mine: Gateway North Mine, MSHA (10) During each production day, of petitions for modification. This notice I.D. No. 11-03235, located in Randolph persons designated by the mine operator is a summary of petitions for County, Illinois. will visually examine the trailing cables modification submitted to the Mine Regulation Affected: 30 CFR 75.503 to ensure the cables are in safe operating Safety and Health Administration (Permissible electric face equipment; condition. The instantaneous settings of (MSHA) by the parties listed below. maintenance). the specially calibrated circuit breakers DATES: All comments on the petitions Modification Request: The petitioner will also be examined to ensure that the must be received by the MSHA’s Office requests a modification of the existing seals or locks have not been removed of Standards, Regulations, and standard to permit the maximum length and that they do not exceed the settings Variances on or before March 24, 2016. of trailing cables to be increased to 950 stipulated in items 3 and 4. ADDRESSES: You may submit your feet for the 480-volt three-phase (11) Permanent warning labels will be comments, identified by ‘‘docket alternating current Roof Bolting installed and maintained on the cover(s) number’’ on the subject line, by any of machines. The petitioner states that: of the power center identifying the the following methods: (1) The maximum length of the three- location of each sealed short-circuit 1. Electronic Mail: zzMSHA- phase trailing cables will be 950 feet. protective device. The labels will warn comments@dol.gov. Include the docket (2) The 480-volt trailing cables will miners not to change or alter these number of the petition in the subject not be smaller than No. 2 American short-circuit settings. line of the message. Wire Gauge (AWG), type SHD–GC. (12) All miners who have been 2. Facsimile: 202–693–9441. (3) All circuit breakers used to protect designated to examine the integrity of 3. Regular Mail or Hand Delivery: No. 2 AWG type SHD–GC trailing cables the seals, verify short-circuit settings, MSHA, Office of Standards, exceeding 700 feet in length will have and examine trailing cables for defects Regulations, and Variances, 201 12th instantaneous trip units calibrated to will receive training under 30 CFR Part Street South, Suite 4E401, Arlington, trip at 800 amperes. The trip setting of 48. The training will include the Virginia 22202–5452, Attention: Sheila these circuit breakers will be sealed or following: McConnell, Acting Director, Office of locked so that the setting cannot be (a) Mining methods and operating Standards, Regulations, and Variances. changed, and the circuit breakers will procedures for protecting the trailing Persons delivering documents are have permanent, legible labels. Each cables against damage. required to check in at the receptionist’s label will identify the circuit breaker as (b) Proper procedures for examining desk in Suite 4E401. Individuals may being suitable for protecting No. 2 AWG the trailing cables to ensure safe inspect copies of the petitions and type SHD–GC cables. The label will be operating condition. comments during normal business legible. (c) The hazards of setting the short- hours at the address listed above. (4) Replacement instantaneous trip circuit interrupting devices too high to MSHA will consider only comments units used to protect No. 2 AWG type adequately protect the cables. postmarked by the U.S. Postal Service or (d) How to verify that the circuit proof of delivery from another delivery SHD–GC trailing cables will be interrupting device(s) protecting the service such as UPS or Federal Express calibrated to trip at 800 amperes and trailing cable(s) are properly set and on or before the deadline for comments. this setting will be sealed or locked. (5) All components that provide short- maintained. The procedures as specified FOR FURTHER INFORMATION CONTACT: circuit protection will have sufficient in 30 CFR 48.3 for approval of proposed Barbara Barron, Office of Standards, interruption rating in accordance with revisions to already approved training Regulations, and Variances at 202–693– the maximum calculated fault currents plans will apply. 9447 (Voice), barron.barbara@dol.gov The petitioner asserts that the available. (Email), or 202–693–9441 (Facsimile). alternative method will guarantee no (6) Short-circuit settings must not [These are not toll-free numbers.] less than the same measure of protection exceed the setting specified in the SUPPLEMENTARY INFORMATION: for all miners than that of the existing approval documentation or 70 percent standard. I. Background of the minimum available current, whichever is less. Sheila McConnell, Section 101(c) of the Federal Mine (7) Any trailing cable that is not in Acting Director, Office of Standards, Safety and Health Act of 1977 (Mine safe operating condition will be Regulations, and Variances. Act) allows the mine operator or removed from service immediately and [FR Doc. 2016–03726 Filed 2–22–16; 8:45 am] representative of miners to file a repaired or replaced. BILLING CODE 4520–43–P petition to modify the application of any (8) Each splice or repair in the trailing mandatory safety standard to a coal or cables will be made in a workmanlike other mine if the Secretary of Labor manner and in accordance with the DEPARTMENT OF LABOR determines that: instructions of the manufacturer of the 1. An alternative method of achieving splice repair kit. The outer jacket of Mine Safety and Health Administration the result of such standard exists which mstockstill on DSK4VPTVN1PROD with NOTICES each splice or repair will be vulcanized will at all times guarantee no less than with flame resistant material or made Petitions for Modification of the same measure of protection afforded with material that has been accepted by Application of Existing Mandatory the miners of such mine by such MSHA as flame resistant. Safety Standards standard; or (9) In the event that mining method or AGENCY: Mine Safety and Health 2. That the application of such operating procedures cause or Administration, Labor. standard to such mine will result in a contribute to the damage of any trailing diminution of safety to the miners in ACTION: Notice. cable, the trailing cable will be removed such mine. VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8999 In addition, the regulations at 30 CFR from return air outby the last open schedules, as required by 44 U.S.C. 44.10 and 44.11 establish the crosscut. 3303a(a). requirements and procedures for filing (5) All hand-held methane detectors DATES: NARA must receive requests for petitions for modification. will be MSHA-approved and copies in writing by March 24, 2016. maintained in permissible and proper II. Petitions for Modification Once NARA appraises the records, we operating condition as defined in 30 Docket Number: M–2015–028–C. will send you a copy of the schedule CFR 75.320. Petitioner: Peabody Energy Company, you requested. We usually prepare (6) All electronic testing and 115 Grayson Lane, Eldorado, Illinois appraisal memoranda that contain diagnostic equipment will be used in 62930. additional information concerning the accordance with the safe use procedures Mine: Wildcat Hills Underground records covered by a proposed schedule. recommended by the manufacturer. Mine, MSHA I.D. No. 11–03156, located (7) Qualified personnel who use You may also request these. If you do, in Saline County, Illinois. electronic testing and diagnostic we will also provide them once we have Regulation Affected: 30 CFR 75.507– equipment will be properly trained to completed the appraisal. You have 30 1(a) (Electric equipment other than recognize the hazards and limitations days after we send you these requested power-connection points; outby the last associated with use of the equipment. documents in which to submit open crosscut; return air; permissibility The petitioner asserts that under the comments. requirements). terms and conditions of this petition for ADDRESSES: You may request a copy of Modification Request: The petitioner modification, the use of nonpermissible any records schedule identified in this requests a modification of the existing electronic testing and diagnostic notice by contacting Records standard to permit an alternative equipment will at all times guarantee Management Services (ACNR) using one method of compliance to allow the use not less than the same measure of of the following means: of nonpermissible electronic testing or protection afforded by the existing Mail: NARA (ACNR); 8601 Adelphi diagnostic equipment in return air outby standard. Road; College Park, MD 20740–6001. the last open crosscut. The petitioner Email: request.schedule@nara.gov. states that: Sheila McConnell, Fax: 301–837–3698. (1) Nonpermissible electronic testing Acting Director, Office of Standards, You must cite the control number, and diagnostic equipment to be used Regulations, and Variances. which appears in parentheses after the includes: Laptop computers; [FR Doc. 2016–03725 Filed 2–22–16; 8:45 am] name of the agency that submitted the oscilloscopes; vibration analysis BILLING CODE 4520–43–P schedule, and a mailing address. If you machines; cable fault detectors; point would like an appraisal report, please temperature probes; infrared include that in your request. temperature devices; insulation testers NATIONAL ARCHIVES AND RECORDS FOR FURTHER INFORMATION CONTACT: (meggers); voltage, current, resistance, ADMINISTRATION and power measurement devices; signal Margaret Hawkins, Director, by mail at analyzer devices; ultrasonic thickness [NARA–2016–016] Records Management Services (ACNR); gauges; electronic component testers; National Archives and Records Records Schedules; Availability and Administration; 8601 Adelphi Road; and electronic tachometers. Other Request for Comments testing and diagnostic equipment may College Park, MD 20740–6001, by phone be used if approved in advance by the AGENCY: National Archives and Records at 301–837–1799, or by email at MSHA District Manager. Administration (NARA). request.schedule@nara.gov. (2) All nonpermissible testing and ACTION: Notice of availability of SUPPLEMENTARY INFORMATION: Each year, diagnostic equipment used in return air proposed records schedules; request for Federal agencies create billions of outby the last open crosscut will be comments. records on paper, film, magnetic tape, examined by a qualified person as and other media. To control this defined in 30 CFR 75.153 prior to use SUMMARY: The National Archives and accumulation, agency records managers to ensure the equipment is being Records Administration (NARA) prepare schedules proposing retention maintained in a safe operating publishes notice at least once monthly periods for records and submit these condition. The examination results will of certain Federal agency requests for schedules for NARA’s approval. These be recorded in the weekly examination records disposition authority (records schedules provide for timely transfer book and made available to MSHA and schedules). Once approved by NARA, into the National Archives of the miners at the mine. records schedules provide agencies with historically valuable records and (3) A qualified person as defined in 30 mandatory instructions for what to do authorize disposal of all other records CFR 75.151 will continuously monitor with records when agencies no longer after the agency no longer needs them for methane immediately before and need them for current Government to conduct its business. Some schedules during the use of nonpermissible business. The instructions authorize are comprehensive and cover all the electronic testing and diagnostic agencies to preserve records of records of an agency or one of its major equipment in return air outby the last continuing value in the National subdivisions. Most schedules, however, open crosscut. Archives of the United States and to cover records of only one office or (4) Nonpermissible electronic testing destroy, after a specified period, records program or a few series of records. Many and diagnostic equipment will not be lacking administrative, legal, research, of these update previously approved mstockstill on DSK4VPTVN1PROD with NOTICES used if methane is detected in or other value. NARA publishes notice schedules, and some include records concentrations at or above one percent. in the Federal Register for records proposed as permanent. When one percent or more methane is schedules in which agencies propose to The schedules listed in this notice are detected while the nonpermissible destroy records not previously media-neutral unless otherwise electronic equipment is being used, the authorized for disposal or to reduce the specified. An item in a schedule is equipment will be deenergized retention period of records already media-neutral when an agency may immediately and the nonpermissible authorized for disposal. NARA invites apply the disposition instructions to electronic equipment will be withdrawn public comments on such records records regardless of the medium in VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1


Document Created: 2018-02-02 14:33:25
Document Modified: 2018-02-02 14:33:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petitions must be received by the MSHA's Office of Standards, Regulations, and Variances on or before March 24, 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 8998 
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