82 FR 60047 - Petitions for Modification of Application of Existing Mandatory Safety Standards
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 82, Issue 241 (December 18, 2017)
Mine Safety and Health Administration
Federal Register Volume 82, Issue 241 (December 18, 2017)
| Page Range | 60047-60051 | |
| FR Document | 2017-27120 |
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)] [Notices] [Pages 60047-60051] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27120] ----------------------------------------------------------------------- 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 January 17, 2018. 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 petition 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 [[Page 60048]] other mine if the Secretary of Labor (Secretary) 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-2017-003-M. Petitioner: Klondex Midas Operations, Inc., 13330 California Street, Suite 200, Omaha, Nebraska 68154. Mine: Midas Mine, MSHA I.D. No. 26-02314, located in Elko County, Nevada. Regulation Affected: 30 CFR 57.18025 (Working alone). Modification Request: The petitioner requests a modification of 30 CFR 57.18025, (Working Alone standard) to the routine operation of jackleg drills at petitioner's Midas Mine. For the reasons described below, the petitioner requests a modification of the application of the Working Alone standard to the extent that MSHA will permit jackleg drill operators to work alone so long as they do not encounter hazardous conditions above and beyond routine mining conditions. In addition, because MSHA's inconsistent application of the Working Alone standard to the petitioner's mines results in a diminution of safety, the petitioner requests that MSHA grant a modification from the Working Alone standard to allow miners to conduct routine jackleg drilling operations independently as they have in the past. Alternatively, the petitioner requests a modification of the Working Alone standard to accept the petitioner's proposed safety practices, described below, as an alternative and equally protective method of achieving the same result as the standard. The petitioner states that: (1) The petitioner owns and operates the Midas Mine, an underground narrow vein gold mine in Elko County, Nevada. It began operating Midas in early 2014. The petitioner owns and operates the Fire Creek Mine, an underground narrow vein gold mine in Lander County, Nevada. Both companies' ultimate corporate parent is Klondex Mines Ltd. Generally, the mining cycle at both mines involves a miner drilling holes in the face, loading those holes with explosives, blasting, mucking out the debris from the blasting, bolting the roof, and repeating the cycle by drilling holes again, this time in a face that is a few feet farther into the heading. For short periods of time during this cycle, the miner uses a jackleg drill for drilling holes in the face and to bolt the roof. (2) The petitioner states that jackleg drills are a routine mining tool used safely every day. A jackleg drill is a widely-used portable rock drill designed for one-person operations. The single leg rests on the ground, secured into the mine floor with a ``claw foot'' that digs into the leveled floor. For drilling, it uses a long, smooth drill steel with a drill bit attached at the end. Compressed air powers the rotation and percussion of the drill steel and the up-and-down movement to extend or retract the pneumatic leg. A miner opens a throttle valve on the drill's main body to allow air to flow into the machine. The air not only drives the machine's operation but also flows through the steel and bit to prevent the bit from clogging with rock and dirt. There is a safe and proper way to maintain and handle a jackleg drill. An experienced jackleg drill operator handles the drill in a way that requires less effort and poses little risk of serious injury. Experienced miners rarely pinch their fingers in the hinge where the drill's body meets its leg and do not wear loose clothing that could catch in moving parts. Proper drill positioning, examinations of ground conditions, and scaling prevent hazardous ground from falling when drilling up into the roof to bolt. Jackleg drills have been used daily in many mines for decades. The petitioner trains its miners to operate jackleg drills safely and ensures its miners utilize the proper personal protective equipment (PPE) during all steps of the mining process. (3) During a typical shift, miners use jackleg drills for short periods of time and are in frequent contact with others. Miners at the Klondex mines typically work 12-hour shifts. The first hour is typically spent attending a supervisor-led safety meeting where miners receive their crew assignments and work area assignments, and travel to the faces where they will work. The miners will typically stop mining and leave the work area to travel back to the surface 30 to 60 minutes before their shifts are complete. Consequently, a miner will generally spend only 10 to 10\1/2\ hours of his or her shift actually performing mining work. Some of the miner's time is also spent away from the working face, to travel to the main heading or supply areas for supplies, to take periodic breaks, to offer assistance to others, or to eat lunch. During his or her shift, a single miner will typically complete approximately one to two full mining cycles, depending on the amount of assistance the miner receives from others, as well as the conditions encountered during mining. Each shift hands off to the next shift; the miner will begin work starting at whatever point in the cycle the previous crew stopped. While miners often work independently, they are rarely alone for long. Throughout a shift, various people will visit a miner at the face multiple times. For example, the crew supervisor (``foreman'' or ``shifter'') is tasked with visiting each miner at least twice per shift and sometimes visits more often. While there, the supervisor reviews and signs the miner's workplace examination card. Geologists also usually visit each heading at least once per shift, typically to take samples for assay and to paint the face before each round of blasting. Other miners, and sometimes the supervisor, may also stop by regularly to deliver bolting, blasting, and other supplies, as well as to muck out nearby muck bays. (4) The petitioner has safety and training policies in place to ensure that miners approach potential hazards and handle equipment, such as drills, safely. Employees must follow petitioner's Employee Health and Safety Manual's requirements to protect against injuries while mining. For instance, miners must wear PPE equipment while operating a jackleg drill and may not wear loose, baggy, or ragged clothing. They must also keep their work areas neat and clean. Furthermore, miners must evaluate their work area for hazards before they begin each task. When miners encounter a hazard, they must stop work, identify how to address or correct the hazard, report the hazard, and come up with a plan to address the hazard safely. Such a plan will require increased contact with others that is commensurate with the hazard or, if necessary, ceasing work in the area. Supervisors observe a miner's work area at least once daily and fill out a five- point safety card with each miner. This procedure further ensures that potential hazards are identified. The petitioner's robust safety program also deals with all facets of operating jackleg drills and working alone. All miners must complete training and demonstrate core competencies before they operate a jackleg drill. Miners also receive annual refresher training, which includes topics relevant to drilling, such as keeping workplaces neat and orderly, [[Page 60049]] performing workplace examinations, drilling with secure footing, recognizing and addressing potentially hazardous ground conditions, avoiding pinch points, and responding to hazardous conditions. (5) The petitioner states that the current communications with miners operating the jackleg drills fully comply with the standard. The petitioner states that at its mines, a miner operates a jackleg drill for less than 33 percent of the miners' total shift time and that the miner has regular contact with others throughout the shift. Indeed, multiple individuals--supervisors, geologists, and fellow miners--visit the miner at the face, and the miner sees others when leaving the face multiple times each shift. The miner has further contact via mine phones and radios multiple times throughout the shift. As stated above, miners are in regular contact with others throughout the mining cycle. Consequently, MSHA should modify the application of the Working Alone standard so that the petitioner`s current level of communications easily meets the rule's legal standard, and miners may continue to work independently. (6) The petitioner states that MSHA's requirement that miners use a jackleg drill in pairs results in a diminution of safety. It has been common practice within the mining industry for jackleg drill operators to work alone if there are not hazardous conditions present. The petitioner states however, that working in pairs reduces safety because the drill operator now not only must worry about handling and operating the drill safely for his own welfare, but must also worry about the whereabouts and exposure of the second person working with the drill operator. (7) The jackleg drill is designed for one person to operate the machine. It is primarily intended for use where the size and configuration of the ore body or the mining method do not permit large openings to be mined with heavier mechanized equipment. Both the petitioner's mines use jackleg drills precisely because of the relatively small size of the mining face. By requiring the introduction of another person into a small area during drill operation (as opposed to other purposes, such as bringing supplies or checking geology), the field operations becomes more crowded and complicated and the chance of injury necessarily increases, particularly because the second person is not in control of the drill. This is not unique to jackleg drills; it is a danger inherent any time the number of people increases in a small area working around mechanized equipment. However, there may be circumstances under which a second person in the area could be helpful or, perhaps, even improve safety. The petitioner states that both the Working Alone standard, and the petitioner's safety protocols, account for such situations at petitioner's mines, if jackleg drill operators encounter hazardous conditions, they must seek assistance from their supervisors or a fellow miner and communicate in a manner that is commensurate with the hazard as the Working Alone standard requires. However, the petitioner states that MSHA's own data demonstrates that by requiring mines to ``pair up'' and work within a certain distance of each other no matter the circumstances, increases the safety risks to other miners. The petitioner requests that MSHA grant a modification from the Working Alone standard to allow miners to conduct routine jackleg drilling operations independently as they have in the past because MSHA's application of the Working Alone standard to the petitioner's mines is actually less safe. (8) In the alternative, the petitioner seeks modification of the Working Alone standard to permit miners working alone as long as they follow a new communications policy that will help achieve the same result as the standard intends with the same or better protection. The petitioner seeks a modification of the standard that would permit underground miners to work alone, including operating jackleg drills, so long as the miners notifies a dispatcher or other designated contact person before beginning each stage of the mining cycle. The petitioner states that its proposed alternative is at least as safe as the Working Alone standard. By requiring its miners to report in to a dispatcher or other designated contact at the beginning of each of the four stages of the mining cycle, such a protocol adds yet one more layer of communication and regular, dependable contact between the miner and others. Combined with the regular visits each underground miner receives from other miners, geologists, and his or her supervisor throughout a shift, as well as the miner's own travels away from the face to access supplies and equipment, such an approach reinforces that miners performing routing mining activity are adequately protected. (9) The petitioner asserts that application of the standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Docket Number: M-2017-004-M. Petitioner: Klondex Gold and Silver Mining Company, 13330 California Street, Suite 200, Omaha, Nebraska 68154. Mine: Fire Creek Mine, MSHA I.D. No. 26-02691, located in Lander County, Nevada. Regulation Affected: 30 CFR 57.18025 (Working alone). Modification Request: The petitioner requests a modification of 30 CFR 57.18025, (Working Alone standard) to the routine operation of jackleg drills at petitioner's Fire Creek Mine. For the reasons described below, the petitioner requests a modification of the application of the Working Alone standard to the extent that MSHA will permit jackleg drill operators to work alone so long as they do not encounter hazardous conditions above and beyond routine mining conditions. In addition, because MSHA's inconsistent application of the Working Alone standard to the petitioner's mines results in a diminution of safety, the petitioner requests that MSHA grant a modification from the Working Alone standard to allow miners to conduct routine jackleg drilling operations independently as they have in the past. Alternatively, the petitioner requests a modification of the Working Alone standard to accept the petitioner's proposed safety practices, described below, as an alternative and equally protective method of achieving the same result as the standard. The petitioner states that: (1) The petitioner owns and operates the Midas Mine, an underground narrow vein gold mine in Elko County, Nevada. It began operating Midas in early 2014. The petitioner owns and operates the Fire Creek Mine, an underground narrow vein gold mine in Lander County, Nevada. Both companies' ultimate corporate parent is Klondex Mines Ltd. Generally, the mining cycle at both mines involves a miner drilling holes in the face, loading those holes with explosives, blasting, mucking out the debris from the blasting, bolting the roof, and repeating the cycle by drilling holes again, this time in a face that is a few feet farther into the heading. For short periods of time during this cycle, the miner uses a jackleg drill for drilling holes in the face and to bolt the roof. (2) The petitioner states that jackleg drills are a routine mining tool used safely every day. A jackleg drill is a widely-used portable rock drill designed for one-person operations. The single leg rests on the ground, secured into the [[Page 60050]] mine floor with a ``claw foot'' that digs into the leveled floor. For drilling, it uses a long, smooth drill steel with a drill bit attached at the end. Compressed air powers the rotation and percussion of the drill steel and the up-and-down movement to extend or retract the pneumatic leg. A miner opens a throttle valve on the drill's main body to allow air to flow into the machine. The air not only drives the machine's operation but also flows through the steel and bit to prevent the bit from clogging with rock and dirt. There is a safe and proper way to maintain and handle a jackleg drill. An experienced jackleg drill operator handles the drill in a way that requires less effort and poses little risk of serious injury. Experienced miners rarely pinch their fingers in the hinge where the drill's body meets its leg and do not wear loose clothing that could catch in moving parts. Proper drill positioning, examinations of ground conditions, and scaling prevent hazardous ground from falling when drilling up into the roof to bolt. Jackleg drills have been used daily in many mines for decades. The petitioner trains its miners to operate jackleg drills safely and ensures its miners utilize the proper personal protective equipment (PPE) during all steps of the mining process. (3) During a typical shift, miners use jackleg drills for short periods of time and are in frequent contact with others. Miners at the Klondex mines typically work 12-hour shifts. The first hour is typically spent attending a supervisor-led safety meeting where miners receive their crew assignments and work area assignments, and travel to the faces where they will work. The miners will typically stop mining and leave the work area to travel back to the surface 30 to 60 minutes before their shifts are complete. Consequently, a miner will generally spend only 10 to 10\1/2\ hours of his or her shift actually performing mining work. Some of the miner's time is also spent away from the working face, to travel to the main heading or supply areas for supplies, to take periodic breaks, to offer assistance to others, or to eat lunch. During his or her shift, a single miner will typically complete approximately one to two full mining cycles, depending on the amount of assistance the miner receives from others, as well as the conditions encountered during mining. Each shift hands off to the next shift; the miner will begin work starting at whatever point in the cycle the previous crew stopped. While miners often work independently, they are rarely alone for long. Throughout a shift, various people will visit a miner at the face multiple times. For example, the crew supervisor (``foreman'' or ``shifter'') is tasked with visiting each miner at least twice per shift and sometimes visits more often. While there, the supervisor reviews and signs the miner's workplace examination card. Geologists also usually visit each heading at least once per shift, typically to take samples for assay and to paint the face before each round of blasting. Other miners, and sometimes the supervisor, may also stop by regularly to deliver bolting, blasting, and other supplies, as well as to muck out nearby muck bays. (4) The petitioner has safety and training policies in place to ensure that miners approach potential hazards and handle equipment, such as drills, safely. Employees must follow petitioner's Employee Health and Safety Manual's requirements to protect against injuries while mining. For instance, miners must wear PPE equipment while operating a jackleg drill and may not wear loose, baggy, or ragged clothing. They must also keep their work areas neat and clean. Furthermore, miners must evaluate their work area for hazards before they begin each task. When miners encounter a hazard, they must stop work, identify how to address or correct the hazard, report the hazard, and come up with a plan to address the hazard safely. Such a plan will require increased contact with others that is commensurate with the hazard or, if necessary, ceasing work in the area. Supervisors observe a miner's work area at least once daily and fill out a five- point safety card with each miner. This procedure further ensures that potential hazards are identified. The petitioner's robust safety program also deals with all facets of operating jackleg drills and working alone. All miners must complete training and demonstrate core competencies before they operate a jackleg drill. Miners also receive annual refresher training, which includes topics relevant to drilling, such as keeping workplaces neat and orderly, performing workplace examinations, drilling with secure footing, recognizing and addressing potentially hazardous ground conditions, avoiding pinch points, and responding to hazardous conditions. (5) The petitioner states that the current communications with miners operating the jackleg drills fully comply with the standard. The petitioner states that at its mines, a miner operates a jackleg drill for less than 33 percent of the miners' total shift time and that the miner has regular contact with others throughout the shift. Indeed, multiple individuals--supervisors, geologists, and fellow miners--visit the miner at the face, and the miner sees others when leaving the face multiple times each shift. The miner has further contact via mine phones and radios multiple times throughout the shift. As stated above, miners are in regular contact with others throughout the mining cycle. Consequently, MSHA should modify the application of the Working Alone standard so that the petitioner's current level of communications easily meets the rule's legal standard, and miners may continue to work independently. (6) The petitioner states that MSHA's requirement that miners use a jackleg drill in pairs results in a diminution of safety. It has been common practice within the mining industry for jackleg drill operators to work alone if there are not hazardous conditions present. The petitioner states however, that working in pairs reduces safety because the drill operator now not only must worry about handling and operating the drill safely for his own welfare, but must also worry about the whereabouts and exposure of the second person working with the drill operator. (7) The jackleg drill is designed for one person to operate the machine. It is primarily intended for use where the size and configuration of the ore body or the mining method do not permit large openings to be mined with heavier mechanized equipment. Both the petitioner's mines use jackleg drills precisely because of the relatively small size of the mining face. By requiring the introduction of another person into a small area during drill operation (as opposed to other purposes, such as bringing supplies or checking geology), the field operations becomes more crowded and complicated and the chance of injury necessarily increases, particularly because the second person is not in control of the drill. This is not unique to jackleg drills; it is a danger inherent any time the number of people increases in a small area working around mechanized equipment. However, there may be circumstances under which a second person in the area could be helpful or, perhaps, even improve safety. The petitioner states that both the Working Alone standard, and the petitioner's safety protocols, account for such situations at petitioner's mines, if jackleg drill operators encounter hazardous conditions, they must seek assistance from their supervisors or a fellow miner and communicate in a manner that is commensurate with the hazard as the Working Alone standard requires. [[Page 60051]] However, the petitioner states that MSHA's own data demonstrates that by requiring mines to ``pair up'' and work within a certain distance of each other no matter the circumstances, increases the safety risks to other miners. The petitioner requests that MSHA grant a modification from the Working Alone standard to allow miners to conduct routine jackleg drilling operations independently as they have in the past because MSHA's application of the Working Alone standard to the petitioner's mines is actually less safe. (8) In the alternative, the petitioner seeks modification of the Working Alone standard to permit miners working alone as long as they follow a new communications policy that will help achieve the same result as the standard intends with the same or better protection. The petitioner seeks a modification of the standard that would permit underground miners to work alone, including operating jackleg drills, so long as the miners notifies a dispatcher or other designated contact person before beginning each stage of the mining cycle. The petitioner states that its proposed alternative is at least as safe as the Working Alone standard. By requiring its miners to report in to a dispatcher or other designated contact at the beginning of each of the four stages of the mining cycle, such a protocol adds yet one more layer of communication and regular, dependable contact between the miner and others. Combined with the regular visits each underground miner receives from other miners, geologists, and his or her supervisor throughout a shift, as well as the miner's own travels away from the face to access supplies and equipment, such an approach reinforces that miners performing routing mining activity are adequately protected. (9) The petitioner asserts that application of the standard will result in a diminution of safety to the miners and that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2017-27120 Filed 12-15-17; 8:45 am] BILLING CODE 4520-43-P
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nonpermissible electronic equipment is standard to the Old Smith Family Mine. DEPARTMENT OF LABOR
being used, the equipment will be A small underground gold mine
deenergized immediately and established in the early 1930s. The Mine Safety and Health Administration
withdrawn to fresh air (intake air entry) petitioner states that:
more than 150 feet outby pillar Petitions for Modification of
(1) In lieu of the application of 30 CFR Application of Existing Mandatory
workings. 57.4533 to the site, the petitioner
(7) All hand-held methane detectors Safety Standards
proposes to install battery operated
will be MSHA-approved and smoke alarms in the mine office and AGENCY: Mine Safety and Health
maintained in permissible and proper shed and to wire them to an alarm Administration, Labor.
operating condition as defined in 30 underground that will sound so as to
CFR 75.320. ACTION: Notice.
immediately notify him of a surface fire
(8) Except for the time necessary to in one of the buildings so that he may SUMMARY: This notice is a summary of
troubleshoot under actual mining immediately exit the underground petitions for modification submitted to
conditions, coal production in the workings. the Mine Safety and Health
longwall section will cease. However,
(2) The mine office and shed are Administration (MSHA) by the parties
coal may remain in or on the equipment
historical structures that were built in listed below.
such as the pan line in order to test and
diagnose the equipment under ‘‘load.’’ the 1930s to support mining activities at DATES: All comments on the petitions
(9) Nonpermissible electronic testing the Old Smith Family Mine. must be received by MSHA’s Office of
and diagnostic equipment will not be (3) It is not feasible to move these Standards, Regulations, and Variances
used to test equipment when float coal structures to further than 100 feet from on or before January 17, 2018.
dust is in suspension. the raises, or to meet the construction ADDRESSES: You may submit your
(10) All electronic testing and requirements of the standard. A fire comments, identified by ‘‘docket
diagnostic equipment will be used in suppression system would also be number’’ on the subject line, by any of
accordance with manufacturer’s ineffective due to the freezing the following methods:
recommended safe use practices. temperatures in the winter which 1. Electronic Mail: zzMSHA-
(11) Qualified personnel who use disables the few water pipes on site. comments@dol.gov. Include the docket
electronic testing and diagnostic number of the petition in the subject
equipment will be properly trained to (4) The standard as applied to this site
line of the message.
recognize the hazards and limitations provides little to no benefit for
underground miner safety because the 2. Facsimile: 202–693–9441.
associated with use of the equipment. 3. Regular Mail or Hand Delivery:
(12) The petitioner will notify MSHA mine is located in a heavily forested
area with trees as tall as 300 feet on the MSHA, Office of Standards,
before nonpermissible electronic testing Regulations, and Variances, 201 12th
and diagnostic equipment is used site. The small buildings at issue are
dwarfed by the surrounding forest, Street South, Suite 4E401, Arlington,
within 150 feet of pillar workings. The Virginia 22202–5452, Attention: Sheila
notice will advise MSHA when any which cannot be fireproofed.
McConnell, Director, Office of
nonpermissible electronic testing and (5) The underground workings are no Standards, Regulations, and Variances.
diagnostic equipment is put in service more than 125 feet deep at the deepest Persons delivering documents are
and give MSHA the opportunity to point, and are so small that they can be required to check in at the receptionist’s
inspect such equipment before being evacuated from any point via one of 3 desk in Suite 4E401. Individuals may
used. routes in less than 1 minute. inspect copies of the petition and
(13) Within 60 days after the proposed (6) To further reduce the risk of a comments during normal business
decision and order (PDO) becomes final, surface fire impacting the petitioner hours at the address listed above.
the petitioner will submit proposed when underground, smoking will be MSHA will consider only comments
revisions for its approved 30 CFR part prohibited in all areas of the mine, and postmarked by the U.S. Postal Service or
48 training plan to the District Manager. signs will be posted to provide notice to proof of delivery from another delivery
These revisions will specify initial and any third parties who may come onsite service such as UPS or Federal Express
refresher training regarding the terms while he is underground. on or before the deadline for comments.
and conditions of the PDO.
(7) The modification to the standard FOR FURTHER INFORMATION CONTACT:
The petitioner asserts that application
of the existing standard will result in a as applied to the Old Smith Family Barbara Barron, Office of Standards,
diminution of safety to the miners and Mine will provide greater safety Regulations, and Variances at 202–693–
that the proposed alternative method protection than 30 CFR 57.4533 with 9447 (Voice), barron.barbara@dol.gov
will at all times guarantee no less than respect to the hazard of surface fire (Email), or 202–693–9441 (Facsimile).
the same measure of protection afforded impacting underground escapeways by [These are not toll-free numbers.]
by the existing standard. providing an alarm sounding SUPPLEMENTARY INFORMATION: Section
Docket Number: M–2017–005–M. underground as soon as smoke detectors 101(c) of the Federal Mine Safety and
Petitioner: Ernie Peachay, One are triggered in the mine office or shed. Health Act of 1977 and Title 30 of the
Arizona Center, 400 East Van Buren The petitioner asserts that the Code of Federal Regulations Part 44
Street, Suite 1900, Phoenix, AZ 85004– proposed alternative method will at all govern the application, processing, and
2202. times guarantee no less than the same disposition of petitions for modification.
Mine: Old Smith Family Mine, measure of protection afforded by the
daltland on DSKBBV9HB2PROD with NOTICES
I. Background
Second Divide, Downieville, California existing standard.
95936, MSHA I.D. No. 04–05820, Section 101(c) of the Federal Mine
located in Sierra County, California. Sheila McConnell, Safety and Health Act of 1977 (Mine
Regulation Affected: 30 CFR 57.4533 Director, Office of Standards, Regulations, Act) allows the mine operator or
(Mine opening vicinity). and Variances. representative of miners to file a
Modification Request: The petitioner [FR Doc. 2017–27121 Filed 12–15–17; 8:45 am] petition to modify the application of any
requests a modification of the existing BILLING CODE 4520–43–P mandatory safety standard to a coal or
VerDate Sep<11>2014 17:53 Dec 15, 2017 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\18DEN1.SGM 18DEN1](https://thefederalregister.org/doc/82_FR_60288/page/1.svg)
![Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Notices 60051
However, the petitioner states that DEPARTMENT OF LABOR without revision, and these materials
MSHA’s own data demonstrates that by will be available online at http://
requiring mines to ‘‘pair up’’ and work Occupational Safety and Health www.regulations.gov. Therefore, the
within a certain distance of each other Administration Agency cautions commenters about
no matter the circumstances, increases submitting statements they do not want
[Docket No. OSHA–2006–0042]
the safety risks to other miners. made available to the public, or
Canadian Standards Association: submitting comments that contain
The petitioner requests that MSHA
Application for Expansion of personal information (either about
grant a modification from the Working themselves or others) such as Social
Alone standard to allow miners to Recognition and Proposed
Modification to the NRTL Program’s Security numbers, birth dates, and
conduct routine jackleg drilling medical data.
operations independently as they have List of Appropriate Test Standards
5. Docket: To read or download
in the past because MSHA’s application AGENCY: Occupational Safety and Health submissions or other material in the
of the Working Alone standard to the Administration (OSHA), Labor. docket, go to http://www.regulations.gov
petitioner’s mines is actually less safe. ACTION: Notice. or the OSHA Docket Office at the
(8) In the alternative, the petitioner address above. All documents in the
seeks modification of the Working SUMMARY: In this notice, OSHA docket are listed in the http://
Alone standard to permit miners announces the application of Canadian www.regulations.gov index; however,
working alone as long as they follow a Standards Association (CSA) for some information (e.g., copyrighted
expansion of its recognition as a material) is not publicly available to
new communications policy that will
Nationally Recognized Testing read or download through the website.
help achieve the same result as the
Laboratory (NRTL) and presents the All submissions, including copyrighted
standard intends with the same or better Agency’s preliminary finding to grant
protection. The petitioner seeks a material, are available for inspection
the application. and copying at the OSHA Docket Office.
modification of the standard that would
DATES: Submit comments, information, Contact the OSHA Docket Office for
permit underground miners to work
and documents in response to this assistance in locating docket
alone, including operating jackleg drills,
notice, or requests for an extension of submissions.
so long as the miners notifies a time to make a submission, on or before 6. Extension of comment period:
dispatcher or other designated contact January 2, 2018. Submit requests for an extension of the
person before beginning each stage of comment period on or before January 2,
ADDRESSES: Submit comments by any of
the mining cycle. 2018 to the Office of Technical
the following methods:
The petitioner states that its proposed 1. Electronically: Submit comments Programs and Coordination Activities,
alternative is at least as safe as the and attachments electronically at http:// Directorate of Technical Support and
Working Alone standard. By requiring www.regulations.gov, which is the Emergency Management, Occupational
its miners to report in to a dispatcher or Federal eRulemaking Portal. Follow the Safety and Health Administration, U.S.
other designated contact at the instructions online for making Department of Labor, 200 Constitution
beginning of each of the four stages of electronic submissions. Avenue NW, Room N–3655,
the mining cycle, such a protocol adds 2. Facsimile: If submissions, Washington, DC 20210, or by fax to
yet one more layer of communication including attachments, are not longer (202) 693–1644.
and regular, dependable contact than 10 pages, commenters may fax FOR FURTHER INFORMATION CONTACT:
between the miner and others. them to the OSHA Docket Office at (202) Information regarding this notice is
Combined with the regular visits each 693–1648. available from the following sources:
underground miner receives from other 3. Regular or express mail, hand Press inquiries: Contact Mr. Frank
miners, geologists, and his or her delivery, or messenger (courier) service: Meilinger, Director, OSHA Office of
supervisor throughout a shift, as well as Submit comments, requests, and any Communications, U.S. Department of
the miner’s own travels away from the attachments to the OSHA Docket Office, Labor by phone (202) 693–1999 or email
Docket No. OSHA–2006–0042, meilinger.francis2@dol.gov.
face to access supplies and equipment,
Technical Data Center, U.S. Department General and technical information:
such an approach reinforces that miners
of Labor, 200 Constitution Avenue NW, Contact Mr. Kevin Robinson, Director,
performing routing mining activity are Office of Technical Programs and
Room N–3653, Washington, DC 20210;
adequately protected. Coordination Activities, Directorate of
telephone (202) 693–2350 or TTY
(9) The petitioner asserts that number (877) 889–5627. Note that Technical Support and Emergency
application of the standard will result in security procedures may result in Management, Occupational Safety and
a diminution of safety to the miners and significant delays in receiving Health Administration, U.S. Department
that the proposed alternative method comments and other written materials of Labor by phone (202) 693–2110 or
will at all times guarantee no less than by regular mail. Contact the OSHA email robinson.kevin@dol.gov.
the same measure of protection afforded Docket Office for information about SUPPLEMENTARY INFORMATION:
by the existing standard. security procedures concerning delivery
of materials by express mail, hand I. Notice of the Application for
Sheila McConnell, delivery, or messenger service. The Expansion
Director, Office of Standards, Regulations, hours of operation for the OSHA Docket OSHA is providing notice that CSA is
daltland on DSKBBV9HB2PROD with NOTICES
and Variances. Office are 10:00 a.m.–3:00 p.m., e.t. applying for expansion of its current
[FR Doc. 2017–27120 Filed 12–15–17; 8:45 am] 4. Instructions: All submissions must recognition as a NRTL. CSA requests the
BILLING CODE 4520–43–P include the Agency name and the OSHA addition of seven test standards to its
docket number (OSHA–2006–0042). NRTL scope of recognition.
OSHA places comments and other OSHA recognition of a NRTL signifies
materials, including any personal that the organization meets the
information, in the public docket requirements specified in 29 CFR
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Document Created: 2017-12-15 23:54:41
Document Modified: 2017-12-15 23:54:41
| 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 January 17, 2018. | |
| 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 60047 |
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