82 FR 16071 - Petitions for Modification of Application of Existing Mandatory Safety Standards
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 82, Issue 61 (March 31, 2017)
Mine Safety and Health Administration
Federal Register Volume 82, Issue 61 (March 31, 2017)
| Page Range | 16071-16073 | |
| FR Document | 2017-06344 |
[Federal Register Volume 82, Number 61 (Friday, March 31, 2017)] [Notices] [Pages 16071-16073] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06344] ----------------------------------------------------------------------- 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: 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 May 1, 2017. 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: 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. 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-2017-004-C. Petitioner: Tunnel Ridge, LLC, 2596 Battle Run Road, Triadelphia, West Virginia 26059. Mine: Tunnel Ridge Mine, MSHA I.D. No. 46-08864, located in Ohio County, West Virginia. 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 temperatures probes; infrared temperature devices; insulation testers (meggers); voltage, current, resistance meters and power testers, and electronic tachometers. Other testing and diagnostic equipment may be used if approved in advance by the MSHA District Manager. [[Page 16072]] (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, before use to ensure the equipment is being maintained in a safe operating condition. The examinations 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 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 a 1.0 percent or more methane concentration is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and the nonpermissible equipment 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 the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2017-005-C. Petitioner: Tunnel Ridge, LLC, 2596 Battle Run Road, Triadelphia, West Virginia 26059. Mine: Tunnel Ridge Mine, MSHA I.D. No. 46-08864, located in Ohio County, West Virginia. 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 temperatures probes; infrared temperature devices; insulation testers (meggers); voltage, current, resistance meters and power 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, before use to ensure the equipment is being maintained in a safe operating condition. These examinations 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 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 a 1.0 percent or more methane concentration 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. (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 the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2017-006-C. Petitioner: Tunnel Ridge, LLC, 2596 Battle Run Road, Triadelphia, West Virginia 26059. Mine: Tunnel Ridge Mine, MSHA I.D. No. 46-08864, located in Ohio County, West Virginia. Regulation Affected: 30 CFR 75.1002(a) (Installation of electric equipment and conductors; permissibility). Modification Request: The petitioner requests a modification of the existing standard to permit the use of nonpermissible electronic testing or diagnostic equipment within 150 feet of pillar workings or longwall faces. 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 temperatures probes; infrared temperature devices; insulation testers (meggers); voltage, current, resistance meters and power 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 within 150 feet of pillar workings or longwall faces will be examined by a qualified person, as defined in 30 CFR 75.153, before use to ensure the equipment is being maintained in a safe operating condition. These examinations results will be recorded in the weekly examination book and will be made available to MSHA and the miners at the mine. (3) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before and during the use of nonpermissible electronic testing and diagnostic equipment within 150 feet of pillar workings or longwall faces. (4) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above 1.0 percent. When a 1.0 percent or more methane concentration is detected while the nonpermissible electronic equipment is being used, the equipment will be deenergized immediately and withdrawn to fresh air (intake air entry) more than 150 feet from pillar workings and longwall faces. (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 [[Page 16073]] section will cease. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before testing begins to provide additional safety to miners. (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 the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2017-06344 Filed 3-30-17; 8:45 am] BILLING CODE 4520-43-P
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diluting the concentration without the standard to start a mine rescue station proof of delivery from another delivery
limitation of a fixed quantity of purge consisting of only six self-contained service such as UPS or Federal Express
air. This continuous airflow eliminates breathing apparatus for a single team at on or before the deadline for comments.
the issues of having a finite quantity of the Joliet mine. The petitioner states FOR FURTHER INFORMATION CONTACT:
breathable air such as currently that: Barbara Barron, Office of Standards,
provided by portable, self-contained (1) There is not enough manpower at Regulations, and Variances at 202–693–
systems. the mine to fully staff two functional 9447 (Voice), barron.barbara@dol.gov
(9) The petitioner states that NIOSH teams. (Email), or 202–693–9441 (Facsimile).
research has shown that a BIP–RA that (2) As a backup mine rescue team, a [These are not toll-free numbers.]
is provided with a dedicated borehole fully equipped team from another active SUPPLEMENTARY INFORMATION: Section
offers a significant improvement over mine within two hours of the Joliet 101(c) of the Federal Mine Safety and
the use of self-contained systems. mine will be secured through written Health Act of 1977 and Title 30 of the
NIOSH has stated that if a BIP–RA with agreement. Code of Federal Regulations Part 44
a dedicated borehole is used, spacing of The petitioner asserts that the
govern the application, processing, and
those systems can be up to 5,000 feet alternative method will at all times
disposition of petitions for modification.
from the face. provide the same measure of protection
(10) NIOSH recommends taking steps as the existing standard. I. Background
to ensure post-disaster communications Sheila McConnell, Section 101(c) of the Federal Mine
from within an occupied RA to the Safety and Health Act of 1977 (Mine
Director, Office of Standards, Regulations,
surface. The use of dedicated borehole and Variances. Act) allows the mine operator or
provides a separate, protected representative of miners to file a
[FR Doc. 2017–06342 Filed 3–30–17; 8:45 am]
communications pathway from inside petition to modify the application of any
BILLING CODE 4520–43–P
the BIP–RA to the surface by routing a mandatory safety standard to a coal or
communication cable up through the other mine if the Secretary of Labor
borehole to the surface. determines that:
DEPARTMENT OF LABOR
(11) A portable, self-contained RA has 1. An alternative method of achieving
a finite length of time that it will Mine Safety and Health Administration the result of such standard exists which
provide refuge to miners, and that will at all times guarantee no less than
length of time is impacted by the Petitions for Modification of the same measure of protection afforded
number of miners inside the RA. If Application of Existing Mandatory the miners of such mine by such
rescue exceeds that finite timeframe, the Safety Standards standard; or
miners’ air supply would be exhausted. 2. That the application of such
These BIP–RA structures at San Juan AGENCY: Mine Safety and Health standard to such mine will result in a
Mine can be ventilated indefinitely via Administration, Labor. diminution of safety to the miners in
that dedicated borehole. ACTION: Notice. such mine.
Within 60 days after the proposed In addition, the regulations at 30 CFR
SUMMARY: This notice is a summary of
decision (PDO) and order becomes final, 44.10 and 44.11 establish the
petitions for modification submitted to
the petitioner will submit proposed requirements and procedures for filing
the Mine Safety and Health
revisions for its approved 30 CFR 48 petitions for modification.
Administration (MSHA) by the parties
training plan to the DM if MSHA
listed below. II. Petitions for Modification
determines that current ongoing training
conducted under the existing DATES: All comments on the petitions Docket Number: M–2017–004–C.
Emergency Response Plan needs to be must be received by MSHA’s Office of Petitioner: Tunnel Ridge, LLC, 2596
supplemented. Such proposed revisions Standards, Regulations, and Variances Battle Run Road, Triadelphia, West
will specify the terms and conditions on or before May 1, 2017. Virginia 26059.
stated in the PDO. ADDRESSES: You may submit your Mine: Tunnel Ridge Mine, MSHA I.D.
The petitioner submits that for the comments, identified by ‘‘docket No. 46–08864, located in Ohio County,
reasons and on the terms stated above, number’’ on the subject line, by any of West Virginia.
utilizing BIP–RAs with dedicated the following methods: Regulation Affected: 30 CFR 75.500(d)
boreholes to the surface equipped with 1. Electronic Mail: zzMSHA- (Permissible electric equipment).
Part 7 approved breathable air comments@dol.gov. Include the docket Modification Request: The petitioner
components, harmful gas removal number of the petition in the subject requests a modification of the existing
components, and air monitoring line of the message. standard to permit the use of
components, will at all times provide an 2. Facsimile: 202–693–9441. nonpermissible electronic testing or
equivalent or even greater measure of 3. Regular Mail or Hand Delivery: diagnostic equipment inby the last open
protection as that afforded by the MSHA, Office of Standards, crosscut. The petitioner states that:
current standard. Regulations, and Variances, 201 12th (1) Nonpermissible electronic testing
Docket Number: M–2016–010–M. Street South, Suite 4E401, Arlington, and diagnostic equipment to be used
Petitioner: Fred Weber, Inc., 2320 Virginia 22202–5452, Attention: Sheila includes: Laptop computers;
Creve Coeur Mill Road, Maryland McConnell, Director, Office of oscilloscopes; vibration analysis
Heights, Missouri 63043. Standards, Regulations, and Variances. machines; cable fault detectors; point
temperatures probes; infrared
sradovich on DSK3GMQ082PROD with NOTICES
Mine: Joliet MI, LLC Mine, MSHA I.D. Persons delivering documents are
No. 11–03153, located in Will County, required to check in at the receptionist’s temperature devices; insulation testers
Illinois. desk in Suite 4E401. Individuals may (meggers); voltage, current, resistance
Regulation Affected: 30 CFR 49.6(a)(1) inspect copies of the petitions and meters and power testers, and electronic
(Equipment and maintenance comments during normal business tachometers. Other testing and
requirements). hours at the address listed above. diagnostic equipment may be used if
Modification Request: The petitioner MSHA will consider only comments approved in advance by the MSHA
requests a modification of the existing postmarked by the U.S. Postal Service or District Manager.
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section will cease. Accumulations of information collection request at through the Automated Clearing House
coal and combustible materials www.reginfo.gov. (ACH) in compliance with the Debt
referenced in 30 CFR 75.400 will be SUPPLEMENTARY INFORMATION: Collection Improvement Act of 1996.
removed before testing begins to provide OMB Number: 3133–0151. Type of Review: Extension of a
additional safety to miners. Title: Leasing, 12 CFR part 714. currently approved collection.
(7) All electronic testing and Abstract: Section 714.5 of NCUA’s Affected Public: Private Sector:
diagnostic equipment will be used in Regulations requires a federal credit Businesses or other for-profits.
accordance with the manufacturer’s union engaged in leasing to obtain or Estimated Total Annual Burden
recommendations. have on file financial documentation Hours: 25.
(8) Qualified personnel who use demonstrating that the guarantor of an OMB Number: 3133–0166.
electronic testing and diagnostic estimated residual value has the Title: Home Mortgage Disclosure Act
equipment will be properly trained to resources to meet the guarantee. (HMDA), 12 CFR 1003 (Regulation C).
recognize the hazards and limitations Estimated residual value is the projected Abstract: Regulation C, 12 CFR part
associated with use of the equipment. future value of leased property at lease 1003, requires financial institutions that
The petitioner asserts that the end. The accuracy of the estimated meet certain thresholds to report data
proposed alternative method will at all residual values used in a lease program annually about: Each application or
times guarantee no less than the same is a fundamental element in the success loan, including the application date; the
measure of protection afforded by the or failure of a lease program. The higher action taken and the date of that action;
existing standard. the estimated residual values used by a the loan amount; the loan type, and
Sheila McConnell, federal credit union, the greater the purpose; and, if the loan is sold, the
Director, Office of Standards, Regulations, potential for loss. To mitigate this risk, type of purchaser; Each applicant or
and Variances. the leasing rule requires that if the borrower, including ethnicity, race, sex,
[FR Doc. 2017–06344 Filed 3–30–17; 8:45 am] amount of the estimated residual value and income; and Each property,
BILLING CODE 4520–43–P relied on by the federal credit union to including location and occupancy
satisfy the full payout lease requirement status.
exceeds 25 percent of the original cost A covered lender generally must
NATIONAL CREDIT UNION of the leased property, the credit union update information quarterly and must
ADMINISTRATION must obtain a guarantee of the excess submit the completed loan application
from a financially capable party. register (LAR) annually to the
Submission for OMB Review; If the guarantor cannot meet its appropriate Federal agency by March 1
Comment Request guarantee, a federal credit union may of the year following the year covered
suffer serious financial loss. by the LAR. The Federal Financial
AGENCY: National Credit Union Accordingly, it is important that a Institutions Examination Council
Administration (NCUA). federal credit union documents that a (FFIEC) then prepares a disclosure
ACTION: Notice. guarantor has the financial resources statement from data submitted by the
and capability to meet the guarantee. If financial institutions, and provides the
SUMMARY: The National Credit Union the guarantor is an insurance company, disclosure statement to the financial
Administration (NCUA) will be the federal credit union may satisfy this institution to make available at its home
submitting the following information record keeping requirement by office. A covered lender must make each
collection requests to the Office of obtaining and maintaining information public disclosure statement available to
Management and Budget (OMB) for demonstrating that the insurance the public for five years and retain its
review and clearance in accordance company has a rating equivalent to a B+ completed LAR for three years.
with the Paperwork Reduction Act of or better from a major rating company. Type of Review: Extension of a
1995, on or after the date of publication Type of Review: Extension of a currently approved collection.
of this notice. currently approved collection. Affected Public: Private Sector: Not-
DATES: Comments should be received on Affected Public: Private Sector: Not- for-profit institutions.
or before May 1, 2017 to be assured of for-profit institutions. Estimated Total Annual Burden
consideration. Estimated Total Annual Burden Hours: 74,542.
ADDRESSES: Send comments regarding Hours: 680. By Gerard Poliquin, Secretary of the Board,
the burden estimate, or any other aspect OMB Number: 3133–0135. the National Credit Union Administration, on
of the information collection, including Title: Authorization Agreement for March 28, 2017.
suggestions for reducing the burden, to Electronic Funds Transfer Payment. Dated: March 28, 2017.
(1) Office of Information and Regulatory Abstract: The NCUA is required Dawn D. Wolfgang,
Affairs, Office of Management and under the Debt Collection Improvement NCUA PRA Clearance Officer.
Budget, Attention: Desk Officer for Act of 1996 to issue payments to credit
NCUA, New Executive Office Building, [FR Doc. 2017–06353 Filed 3–30–17; 8:45 am]
unions and all other entities
Room 10235, Washington, DC 20503, or BILLING CODE 7535–01–P
electronically. The ‘‘Authorization
email at OIRA_Submission@ Agreement for Electronic Funds
OMB.EOP.gov and (2) NCUA PRA Transfer Payment’’ form is used to
Clearance Officer, 1775 Duke Street, maintain up-to-date and accurate NATIONAL FOUNDATION ON THE
Alexandria, VA 22314, Suite 5067, or electronic payment data for new and
sradovich on DSK3GMQ082PROD with NOTICES
ARTS AND THE HUMANITIES
email at PRAComments@ncua.gov. existing credit unions. NCUA uses this
FOR FURTHER INFORMATION CONTACT: information to update their electronic National Endowment for the Arts
Copies of the submission may be routing and transit database to enable
obtained by contacting Dawn Wolfgang, transmittal of funds and payments. This Proposed Collection; Comment
NCUA PRA Clearance Officer, at (703) collection of information is needed to Request
548–2279, emailing PRAComments@ allow NCUA authorization to make
ACTION: Notice.
ncua.gov, or viewing the entire financial transactions electronically
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Document Created: 2017-03-31 01:37:58
Document Modified: 2017-03-31 01:37:58
| 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 May 1, 2017. | |
| 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 | 82 FR 16071 |
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