82 FR 26953 - Petition for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 82, Issue 111 (June 12, 2017)

Page Range		26953-26954
FR Document		2017-12096

This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.

Federal Register, Volume 82 Issue 111 (Monday, June 12, 2017)

[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26953-26954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12096]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice is a summary of a petition for modification 
submitted to the Mine Safety and Health Administration (MSHA) by the 
party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before July 12, 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 a copy of the petition and

[[Page 26954]]

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. Petition for Modification

    Docket Number: M-2017-008-C.
    Petitioner: Excel Mining LLC, 4126 State Highway 194 West, 
Pikeville, Kentucky 41501.
    Mine: Excel Mining #4 Mine MSHA I.D. No. 15-19515, located in Pike 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel 
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow use of a six-wheeled Dapco Roadbuilder, 
model DP-10G, serial number 003, as it was originally designed without 
front brakes. The petitioner states that:
    (1) The Dapco Roadbuilder has a braking system on the four rear 
wheels that is designed to prevent loss of braking due to a single 
brake system component failure.
    (2) The petitioner will train the grader operator to limit the 
maximum speed of the Roadbuilder to 10 miles per hour (MPH) by 
permanently blocking out any gear that would provide a higher speed 
than 10 MPH, to use transmission and differential ratios that would 
limit the maximum speed to 10 MPH, to recognize the appropriate speeds 
to use on different roadway conditions and different grades/
undulations, and to lower the front push blade, grader blade, or digger 
forks for additional stopping capability in emergency situations.
    The petitioner asserts that the design of the Dapco Roadbuilder 
guarantees no less than the same measure of protection afforded by the 
existing standard because the machine's braking system is adequate to 
stop the machine due to the weight distribution over the four rear 
wheels.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-12096 Filed 6-9-17; 8:45 am]
 BILLING CODE 4510-43-P

Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices 26953

Section 75.336(a)(2) requires the mine the use of continuous monitoring supporting this information collection
operator to evaluate the atmosphere in systems, if applicable, before they request.
the sealed area to determine whether conduct sampling, and annually Type of Review: Extension, without
sampling through the sampling pipes in thereafter. change, of a currently approved
seals provides appropriate sampling Section 75.338(b) requires mine collection.
locations of the sealed area. The mine operators to certify that miners Agency: Mine Safety and Health
operator will make an evaluation for constructing or repairing seals, Administration.
each area that has seals. designated certified persons, and senior OMB Number: 1219–0142.
Section 75.336(c) requires that mine mine management officials were trained Affected Public: Business or other for-
operators immediately notify MSHA prior to constructing or repairing a seal profit.
after a sample indicates that the oxygen and annually thereafter. Number of Respondents: 242.
concentration is 10 percent or greater Frequency: On occasion.
and methane is between 4.5 percent and II. Desired Focus of Comments Number of Responses: 15,800.
17 percent and after taking the required MSHA is soliciting comments Annual Burden Hours: 3,525 hours.
additional sample from the sealed Annual Respondent or Recordkeeper
concerning the proposed information
atmosphere with seals of less than 120 Cost: $1,068,083.
collection related to Sealing of
psi. Comments submitted in response to
Abandoned Areas. MSHA is particularly
Section 75.336(e) requires a certified this notice will be summarized and
interested in comments that:
person to record each sampling result, included in the request for Office of
• Evaluate whether the collection of Management and Budget approval of the
including the location of the sampling information is necessary for the proper
points and the oxygen and methane information collection request; they will
performance of the functions of the also become a matter of public record.
concentrations. Also, any hazardous agency, including whether the
conditions found must be corrected and information has practical utility; Sheila McConnell,
recorded in accordance with existing • Evaluate the accuracy of MSHA’s Certifying Officer.
Section 75.363. estimate of the burden of the collection [FR Doc. 2017–12099 Filed 6–9–17; 8:45 am]
Section 75.337(c)(1)–(c)(5) requires a
of information, including the validity of BILLING CODE 4510–43–P
certified person to perform several tasks
the methodology and assumptions used;
during seal construction and repair and
certify that the tasks were done in • Suggest methods to enhance the
accordance with the approved quality, utility, and clarity of the DEPARTMENT OF LABOR
ventilation plan. In addition, a mine information to be collected; and
• Minimize the burden of the Mine Safety and Health Administration
foreman or equivalent mine official
must countersign the record. collection of information on those who
Petition for Modification of Application
Section 75.337(d) requires a senior are to respond, including through the
of Existing Mandatory Safety
mine management official to certify that use of appropriate automated,
Standards
the construction, installation, and electronic, mechanical, or other
materials used were in accordance with technological collection techniques or AGENCY: Mine Safety and Health
the approved ventilation plan. other forms of information technology, Administration, Labor.
Section 75.337(e) requires the mine e.g., permitting electronic submission of ACTION: Notice.
operator to notify MSHA of certain responses.
activities concerning the construction of The information collection request SUMMARY: This notice is a summary of
a set of seals. Section 75.337(e)(1) will be available on http:// a petition for modification submitted to
requires the mine operator to notify the www.regulations.gov. MSHA cautions the Mine Safety and Health
District Manager between 2 and 14 days the commenter against providing any Administration (MSHA) by the party
prior to commencement of seal information in the submission that listed below.
construction. Section 75.337(e)(2) should not be publicly disclosed. Full DATES: All comments on the petition
requires the mine operator to notify the comments, including personal must be received by MSHA’s Office of
District Manager, in writing, within 5 information provided, will be made Standards, Regulations, and Variances
days of completion of a set of seals and available on www.regulations.gov and on or before July 12, 2017.
provide a copy of the certifications www.reginfo.gov. ADDRESSES: You may submit your
required in Section 75.337(d). Section The public may also examine publicly comments, identified by ‘‘docket
75.337(e)(3) requires the mine operator available documents at USDOL—Mine number’’ on the subject line, by any of
to submit a copy of the quality control Safety and Health Administration, 201 the following methods:
test results for seal material properties 12th South, Suite 4E401, Arlington, VA 1. Electronic Mail: zzMSHA-
specified by Section 75.335 within 30 22202–5452. Sign in at the receptionist’s comments@dol.gov. Include the docket
days of completion of such tests. desk on the 4th floor via the East number of the petition in the subject
Section 75.337(g)(3) requires the mine elevator. line of the message.
operator to label sampling pipes to Questions about the information 2. Facsimile: 202–693–9441.
indicate the location of the sampling collection requirements may be directed 3. Regular Mail or Hand Delivery:
point when the mine operator installs to the person listed in the FOR FURTHER MSHA, Office of Standards,
asabaliauskas on DSKBBXCHB2PROD with NOTICES

more than one sampling pipe through a INFORMATION section of this notice. Regulations, and Variances, 201 12th
seal. Street South, Suite 4E401, Arlington,
Section 75.338(a) requires mine III. Current Actions Virginia 22202–5452, Attention: Sheila
operators to certify that persons This request for collection of McConnell, Director, Office of
conducting sampling were trained in the information contains provisions for Standards, Regulations, and Variances.
use of appropriate sampling equipment, Sealing of Abandoned Areas. MSHA has Persons delivering documents are
techniques, the location of sampling updated the data with respect to the required to check in at the receptionist’s
points, the frequency of sampling, the number of respondents, responses, desk in Suite 4E401. Individuals may
size and condition of sealed areas, and burden hours, and burden costs inspect a copy of the petition and

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26954 Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Notices

comments during normal business the Roadbuilder to 10 miles per hour comments during normal business
hours at the address listed above. (MPH) by permanently blocking out any hours at the address listed above.
MSHA will consider only comments gear that would provide a higher speed MSHA will consider only comments
postmarked by the U.S. Postal Service or than 10 MPH, to use transmission and postmarked by the U.S. Postal Service or
proof of delivery from another delivery differential ratios that would limit the proof of delivery from another delivery
service such as UPS or Federal Express maximum speed to 10 MPH, to service such as UPS or Federal Express
on or before the deadline for comments. recognize the appropriate speeds to use on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: on different roadway conditions and FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards, different grades/undulations, and to Barbara Barron, Office of Standards,
Regulations, and Variances at 202–693– lower the front push blade, grader blade, Regulations, and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov or digger forks for additional stopping 9447 (Voice), barron.barbara@dol.gov
(Email), or 202–693–9441 (Facsimile). capability in emergency situations. (Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers.] The petitioner asserts that the design [These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
of the Dapco Roadbuilder guarantees no SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and less than the same measure of protection 101(c) of the Federal Mine Safety and
Health Act of 1977 and Title 30 of the afforded by the existing standard Health Act of 1977 and Title 30 of the
Code of Federal Regulations Part 44 because the machine’s braking system is Code of Federal Regulations Part 44
govern the application, processing, and adequate to stop the machine due to the govern the application, processing, and
disposition of petitions for modification. weight distribution over the four rear disposition of petitions for modification.
wheels.
I. Background I. Background
Sheila McConnell,
Section 101(c) of the Federal Mine Director, Office of Standards, Regulations, Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine and Variances. Safety and Health Act of 1977 (Mine
Act) allows the mine operator or [FR Doc. 2017–12096 Filed 6–9–17; 8:45 am] Act) allows the mine operator or
representative of miners to file a BILLING CODE 4510–43–P
representative of miners to file a
petition to modify the application of any petition to modify the application of any
mandatory safety standard to a coal or mandatory safety standard to a coal or
other mine if the Secretary of Labor DEPARTMENT OF LABOR other mine if the Secretary of Labor
determines that: (Secretary) determines that:
1. An alternative method of achieving the Mine Safety and Health Administration 1. An alternative method of achieving
result of such standard exists which will at the result of such standard exists which
all times guarantee no less than the same Petition for Modification of Application will at all times guarantee no less than
measure of protection afforded the miners of of Existing Mandatory Safety the same measure of protection afforded
such mine by such standard; or Standards the miners of such mine by such
2. That the application of such standard to standard; or
such mine will result in a diminution of AGENCY: Mine Safety and Health
2. That the application of such
safety to the miners in such mine. Administration, Labor.
standard to such mine will result in a
In addition, the regulations at 30 CFR ACTION: Notice. diminution of safety to the miners in
44.10 and 44.11 establish the SUMMARY: This notice is a summary of such mine.
requirements and procedures for filing a petition for modification submitted to In addition, the regulations at 30 CFR
petitions for modification. the Mine Safety and Health 44.10 and 44.11 establish the
Administration (MSHA) by the parties requirements and procedures for filing
II. Petition for Modification
listed below. petitions for modification.
Docket Number: M–2017–008–C.
Petitioner: Excel Mining LLC, 4126 DATES: All comments on the petition II. Petition for Modification
State Highway 194 West, Pikeville, must be received by MSHA’s Office of Docket Number: M–2017–009–C.
Kentucky 41501. Standards, Regulations, and Variances Petitioner: Hamilton County Coal,
Mine: Excel Mining #4 Mine MSHA on or before July 12, 2017. LLC, 18033 County Road 500E,
I.D. No. 15–19515, located in Pike ADDRESSES: You may submit your Dahlgren, Illinois 62828–4294.
County, Kentucky. comments, identified by ‘‘docket Mine: Mine No. 1, MSHA I.D. No. 11–
Regulation Affected: 30 CFR number’’ on the subject line, by any of 03203, located in Hamilton County,
75.1909(b)(6) (Nonpermissible diesel the following methods: Illinois.
powered equipment; design and 1. Electronic Mail: zzMSHA- Regulation Affected: 30 CFR 75.382
performance requirements). comments@dol.gov. Include the docket (Mechanical escape facilities).
Modification Request: The petitioner number of the petition in the subject Modification Requested: The
requests a modification of the existing line of the message. petitioner requests a modification of the
standard to allow use of a six-wheeled 2. Facsimile: 202–693–9441. existing standard to permit the use of
Dapco Roadbuilder, model DP–10G, 3. Regular Mail or Hand Delivery: the slope belt conveyor as a mechanical
serial number 003, as it was originally MSHA, Office of Standards, escape facility at Mine No. 1. The
asabaliauskas on DSKBBXCHB2PROD with NOTICES

designed without front brakes. The Regulations, and Variances, 201 12th petitioner states that:
petitioner states that: Street South, Suite 4E401, Arlington, a. Mine No. 1 extracts coal from the
(1) The Dapco Roadbuilder has a Virginia 22202–5452, Attention: Sheila Herrin No. 6 coal seam by both
braking system on the four rear wheels McConnell, Director, Office of continuous mining and longwall
that is designed to prevent loss of Standards, Regulations, and Variances. extraction methods. The coal seam is
braking due to a single brake system Persons delivering documents are intersected by a vertical shaft with cage
component failure. required to check in at the receptionist’s hoist facility and by a dual compartment
(2) The petitioner will train the grader desk in Suite 4E401. Individuals may slope that contains a slope car hoist
operator to limit the maximum speed of inspect a copy of the petition and facility in the lower track compartment

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Document Created: 2017-06-10 01:40:32
Document Modified: 2017-06-10 01:40:32

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 petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before July 12, 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 26953

82 FR 26953 - Petition for Modification of Application of Existing Mandatory Safety Standards

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 82, Issue 111 (June 12, 2017)

DEPARTMENT OF LABOR
Mine Safety and Health Administration