82 FR 9234 - Petitions for Modification of Application of Existing Mandatory Safety Standards
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 82, Issue 22 (February 3, 2017)
Mine Safety and Health Administration
Federal Register Volume 82, Issue 22 (February 3, 2017)
| Page Range | 9234-9236 | |
| FR Document | 2017-02297 |
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)] [Notices] [Pages 9234-9236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02297] ----------------------------------------------------------------------- DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standards AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations Part 44 govern the application, processing, and disposition of petitions for modification. This notice is a summary of petitions for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petitions must be received by MSHA's Office of Standards, Regulations, and Variances on or before March 6, 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: I. Background Section 101(c) of the Federal Mine Safety and Health Act of 1977 (Mine Act) allows the mine operator or representative of miners to file a petition to modify the application of any mandatory safety standard to a coal or other mine if the Secretary of Labor determines that: 1. An alternative method of achieving the result of such standard exists which will at all times guarantee no less than the same measure of protection afforded the miners of such mine by such standard; or 2. That the application of such standard to such mine will result in a diminution of safety to the miners in such mine. In addition, the regulations at 30 CFR 44.10 and 44.11 establish the requirements and procedures for filing petitions for modification. II. Petitions for Modification Docket Number: M-2016-009-M. Petitioner: Coeur Alaska, Inc., 1700 Lincoln Street, Suite 4700, Denver, Colorado 80203. Mine: Kensington Mine, MSHA I.D. No. 50-01544, located in Juneau County, Alaska. Regulation Affected: 30 CFR 57.11052(d) (refuge areas). Modification Request: The petitioner requests a modification of the existing [[Page 9235]] standard for refuge areas applied to the development and exploration areas at its Kensington mine. The petitioner seeks approval to use the recently installed Strata-manufactured, 12-person emergency refuge chambers--portable (ERCP), which are equipped with internal air and water supplies, without having to provide compressed air and waterlines. The petitioner states that: (1) On July 12, 2016, Coeur submitted a petition for modification (PFM #1) seeking relief from Sec. 57.11050. PFM #1 seeks relief from MSHA's requirement that Coeur provides a refuge chamber within 1,000 feet of the development face in the mine. During Coeur's discussions with MSHA as part of the review of PFM #1 and Coeur's compliance with Sec. 57.11050, Coeur learned that a second petition for modification (PFM #2) was necessary to seek relief from Sec. 57.11052(d). The petitioner requests that MSHA consider PFM #2 in conjunction with information submitted previously for PFM #1 because the factual basis for both petitions and means of compliance for both standards are intertwined. These means of compliance will provide the same or greater measure of safety as the existing regulations. (2) The petitioner owns and operates the Kensington mine, an underground gold mine located in Juneau County, Alaska. Kensington utilizes both transverse and longitudinal long-hole stoping. In both methods, a single development drift is driven through waste rock adjacent to the ore body. When this drift reaches planned elevations, level accesses are developed to provide entry points to the ore body for exploration and later ore production. Once the level development and exploration are completed at a planned elevation, the ore is extracted either perpendicular (transverse stoping) or parallel to the strike of the ore (longitudinal stoping). (3) With PFM #1, Coeur sought relief from MSHA's interpretation of 30 CFR 57.11050 that would require that a refuge chamber be located within 1,000 feet of the development face. Part of the basis for PFM #1 is that the petitioner's miners at the development face can walk to the existing refuge chamber within 30 minutes as required by the standard and the existing location of the permanent refuge chamber complies with Sec. 57.11050. Also, the petitioner has voluntarily elected to provide an ERCP in the vicinity of the development face, and to reposition that ERCP from time to time as development advances. (4) Because ERCP is equipped with a minimum of a 72-hour internal air supply for up to 12 miners, and more than 20 gallons of potable water, the petitioner seeks relief from the requirement in Sec. 57.11052(d) to connect compressed air and waterlines to the ECRP each time it is repositioned. (5) The ERCP as constructed by the manufacturer complies with Sec. 57.11052 because the ERCP has internal air and water sources. Kensington has been in operation since 1987. The petitioner has operated the mine since 1995, and between 1995 and 2009, activities were exclusively exploration and development. Coeur did not begin production until 2010, with limited production areas. The portions of the Kensington mine that are relevant to PFM #2 are still in the exploration and development phases--no production is occurring in these areas. During the fourth quarter of 2016, Kensington typically had nine stopes associated with production, and approximately three main development drifts in which exploration and development are taking place. The precise number of stopes and drifts may vary slightly from one month to the next. Currently, 100 percent of Kensington's operations below the 480 level are either development or exploration. At present, the ERCP is positioned within 1,000 feet from the development face, and the current location of Kensington's permanent refuge station adjacent to the 585 Downramp complies with the requirements of Sec. Sec. 57.11050 and 57.11052(d) because the miners working in the development area can reach it within 30 minutes, and compressed airlines and waterlines are installed at that station. (6) The ERCP is located directly below the 330 level access, and has air and waterlines connected to it. However, the ERCP will not remain in this location permanently. The petitioner will relocate the ERCP in the future as development activities advance. The ERCP is more than a reinforced metal compartment to physically shield miners following an underground emergency--it is a self-contained chamber with own sources for electrical power, breathable air, water, food, and a lavatory. Even without being connected to mine services, the ERCP can provide electrical power and breathable air to occupants for a minimum of 72 hours if the atmosphere outside the ERCP is contaminated. The ERCP is equipped with enough potable water to last three days with up to 12 occupants. (7) Section 57.11052(d) requires that every refuge area be provided with compressed air lines, waterlines, suitable hand tools, and stopping materials. Based on our research, there is no regulatory or judicial history that explains the purpose behind a requirement for compressed air lines and waterlines. Accordingly, petitioner assumes that these lines are intended to serve the purpose a reasonably prudent person, familiar with the mining industry, would expect--to provide a source of breathable air and potable water to miners inside a refuge area. As a matter of simple logic, an operator complies with Sec. 57.11052(d) by prepositioning hand tools and stoping materials inside the refuge area for future use. Similarly, if air and water could be prepositioned in a refuge area for future use, the operator would be complying with the standard. Historically, it was difficult to ensure that sufficient breathable air and potable water would be available in a refuge area. Today, the technology behind the ERCP enables the petitioner to provide a sustainable environment for its miners and a viable time window for mine rescue teams to reach the ERCP following an emergency, thereby rendering the requirement for external air waterlines obsolete--particularly when the ERCP is a supplemental device in addition to Kensington's existing permanent refuge stations. (8) Section 57.11052(d) does not specify a minimum quantity, volume or pressure for air lines and water lines, and the regulation makes no mention of independent power sources or lengths of time the air and waterlines need to be available at the refuge area. The standard simply requires they be provided. The ERCP provides breathable air and potable water. Kensington already complies with the standards requirement. This capability to provide known quantities of air and water internally is a benefit to the ERCP occupants because there is no risk of interrupted air and water access from external damage to the lines, and the known quantities allow mine rescue teams to make informed decisions regarding the length of time that an ERCP can provide a sustainable environment for its occupants. (9) Installing air lines and water lines each time the ERCP is relocated to remain in proximity to the development face would result in a diminution of safety; however, requested relief provides an equivalent degree of safety to Sec. 57.11051(d). Kensington's underground operations take place in a dynamic environment, and its exploration and development areas are dominated by self-propelled mobile equipment and blasting activities. At desired development rates, Kensington typically advances its faces [[Page 9236]] in development drifts twice per day, with each advance being a 12-foot length. If the ERCP will have to be relocated from time to time to remain in the vicinity of the development face, as contemplated in PFM #1, the ERCP would have to be relocated on a recurring basis. (10) Repeated movement of the ERCP puts miners at risk for several reasons. An ERCP cannot simply be parked on the decline because of its size--it would block access between the development drift face and the escapeways. To allow for the decline to remain clear, a cutout into the rib must be made to park the ERCP, making the relocation more complex. (11) Damage to the ERCP will put miners at risk as the refuge may not function as intended. Each time the ERCP is relocated, there is a potential that the ERCP will be damaged in some manner. Similarly, if a compressed air line and waterline need to be run and connected to each new location for the ERCP, there is a chance that the lines or the connections will be damaged. Potential damage to the ERCP and the external airline and waterlines increases each time they are moved, disconnected, rerouted, reconnected, and tested. The risk of damaging the lines and connectors is eliminated by relying on the ERCP's self- contained capabilities. The ERCP can only provide a safety benefit to miners while the device is operational. To the extent an ERCP is unavailable while being relocated, that window of non-availability will increase while the air and water lines are being run, connected and tested for the new location. As such, complying with Sec. 57.11052(d) with respect to the relocating of the ERCP will have a detrimental effect on miner safety. (12) There are significant costs associated with each movement of an ERCP. The ERCP is roughly 15-feet long, and requires a cutout that is 30-feet deep. The development costs at Kensington are approximately $1,500 per foot, meaning that each 30-foot cutout will cost $45,000 to create. Installing air, water and shotcrete will add to the figure. Moving the unit will take 2 miners approximately 12 hours, at a labor cost of $1,136. In total, the average cost to relocate a portable refuge one time is almost $50,000. To the extent these costs can be controlled by alleviating redundant or unnecessary requirements, Coeur's submits this petition. The petitioner asserts that the alternative method will at all times provide the same measure of protection as the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2017-02297 Filed 2-2-17; 8:45 am] BILLING CODE 4520-43-P
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SUPPLEMENTARY INFORMATION: This ICR whether the information will have number’’ on the subject line, by any of
seeks continued PRA authorization for practical utility; the following methods:
Job Corps application data collected on • Evaluate the accuracy of the 1. Electronic Mail: zzMSHA-
three forms (ETA–652, Job Corps Data agency’s estimate of the burden of the comments@dol.gov. Include the docket
Sheet; ETA–655, Statement from Court proposed collection of information, number of the petition in the subject
or Other Agency; and ETA–682, Child including the validity of the line of the message.
Care Certification) used for screening methodology and assumptions used; 2. Facsimile: 202–693–9441.
and enrollment purposes to determine • Enhance the quality, utility, and 3. Regular Mail or Hand Delivery:
eligibility for the Job Corp program in clarity of the information to be MSHA, Office of Standards,
accordance with Workforce Innovation collected; and Regulations, and Variances, 201 12th
and Opportunity Act (WIOA) • Minimize the burden of the Street South, Suite 4E401, Arlington,
requirements. The information collected collection of information on those who Virginia 22202–5452, Attention: Sheila
concerns economic criteria and past are to respond, including through the McConnell, Director, Office of
behavior as well as information needed use of appropriate automated, Standards, Regulations, and Variances.
to certify an applicant’s arrangements electronic, mechanical, or other Persons delivering documents are
for care of dependent children while the technological collection techniques or required to check in at the receptionist’s
applicant is in the Job Corps. WIOA other forms of information technology, desk in Suite 4E401. Individuals may
section 145 authorizes this information e.g., permitting electronic submission of inspect copies of the petitions and
collection. See 29 U.S.C. 3196. responses. comments during normal business
This information collection is subject Agency: DOL–ETA. hours at the address listed above.
to the PRA. A Federal agency generally Title of Collection: Job Corps MSHA will consider only comments
cannot conduct or sponsor a collection Application Data. postmarked by the U.S. Postal Service or
of information, and the public is OMB Control Number: 1205–0025. proof of delivery from another delivery
generally not required to respond to an Affected Public: Individuals and service such as UPS or Federal Express
information collection, unless it is Households. on or before the deadline for comments.
approved by the OMB under the PRA Total Estimated Number of FOR FURTHER INFORMATION CONTACT:
and displays a currently valid OMB Respondents: 139,955. Barbara Barron, Office of Standards,
Control Number. In addition, Total Estimated Number of Regulations, and Variances at 202–693–
notwithstanding any other provisions of Responses: 139,955. 9447 (Voice), barron.barbara@dol.gov
law, no person shall generally be subject Total Estimated Annual Time Burden: (Email), or 202–693–9441 (Facsimile).
to penalty for failing to comply with a 12,556 hours. [These are not toll-free numbers.]
collection of information that does not Total Estimated Annual Other Costs SUPPLEMENTARY INFORMATION:
display a valid Control Number. See 5 Burden: $ 0. I. Background
CFR 1320.5(a) and 1320.6. The DOL Dated: January 25, 2017.
obtains OMB approval for this Section 101(c) of the Federal Mine
Michel Smyth, Safety and Health Act of 1977 (Mine
information collection under Control
Departmental Clearance Officer. Act) allows the mine operator or
Number 1205–0025.
OMB authorization for an ICR cannot [FR Doc. 2017–02319 Filed 2–2–17; 8:45 am] representative of miners to file a
be for more than three (3) years without BILLING CODE 4510–FT–P petition to modify the application of any
renewal, and the current approval for mandatory safety standard to a coal or
this collection is scheduled to expire on other mine if the Secretary of Labor
DEPARTMENT OF LABOR determines that:
January 31, 2017. The DOL seeks to
extend PRA authorization for this 1. An alternative method of achieving
Mine Safety and Health Administration the result of such standard exists which
information collection for three (3) more
years, without any change to existing will at all times guarantee no less than
Petitions for Modification of
requirements. The DOL notes that the same measure of protection afforded
Application of Existing Mandatory
existing information collection the miners of such mine by such
Safety Standards
requirements submitted to the OMB standard; or
receive a month-to-month extension AGENCY: Mine Safety and Health 2. That the application of such
while they undergo review. For Administration, Labor. standard to such mine will result in a
additional substantive information ACTION: Notice.
diminution of safety to the miners in
about this ICR, see the related notice such mine.
SUMMARY: Section 101(c) of the Federal In addition, the regulations at 30 CFR
published in the Federal Register on
Mine Safety and Health Act of 1977 and 44.10 and 44.11 establish the
November 29, 2016 (81 FR 86015).
Title 30 of the Code of Federal requirements and procedures for filing
Interested parties are encouraged to
Regulations Part 44 govern the petitions for modification.
send comments to the OMB, Office of
Information and Regulatory Affairs at application, processing, and disposition II. Petitions for Modification
the address shown in the ADDRESSES of petitions for modification. This notice
is a summary of petitions for Docket Number: M–2016–009–M.
section by March 2, 2017. In order to Petitioner: Coeur Alaska, Inc., 1700
help ensure appropriate consideration, modification submitted to the Mine
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Safety and Health Administration Lincoln Street, Suite 4700, Denver,
comments should mention OMB Control Colorado 80203.
Number 1205–0025. The OMB is (MSHA) by the parties listed below.
Mine: Kensington Mine, MSHA I.D.
particularly interested in comments DATES: All comments on the petitions No. 50–01544, located in Juneau
that: must be received by MSHA’s Office of County, Alaska.
• Evaluate whether the proposed Standards, Regulations, and Variances Regulation Affected: 30 CFR
collection of information is necessary on or before March 6, 2017. 57.11052(d) (refuge areas).
for the proper performance of the ADDRESSES: You may submit your Modification Request: The petitioner
functions of the agency, including comments, identified by ‘‘docket requests a modification of the existing
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![9236 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices
in development drifts twice per day, provide the same measure of protection Rawdon, Senior Program Counsel,
with each advance being a 12-foot as the existing standard. 202.295.1552; grawdon@lsc.gov.
length. If the ERCP will have to be For questions about projects in AL,
Sheila McConnell, AR, DC, FL, GA, KY, LA, MD, MS, MO,
relocated from time to time to remain in
the vicinity of the development face, as Director, Office of Standards, Regulations, NC, PR, SC, TN, VI, VA, contact Jane
and Variances. Ribadeneyra, Program Analyst,
contemplated in PFM #1, the ERCP
[FR Doc. 2017–02297 Filed 2–2–17; 8:45 am] 202.295.1554, ribadeneyraj@lsc.gov.
would have to be relocated on a
recurring basis. BILLING CODE 4520–43–P If you have a general question, please
email techgrants@lsc.gov.
(10) Repeated movement of the ERCP
puts miners at risk for several reasons. SUPPLEMENTARY INFORMATION:
An ERCP cannot simply be parked on LEGAL SERVICES CORPORATION I. Summary
the decline because of its size—it would
Request for Letters of Intent To Apply The Legal Services Corporation (LSC)
block access between the development
for 2017 Technology Initiative Grant issues this Notice describing the criteria
drift face and the escapeways. To allow governing submission and processing of
for the decline to remain clear, a cutout Funding
Letters of Intent to Apply for
into the rib must be made to park the AGENCY: Legal Services Corporation. Technology Initiative Grants (TIG).
ERCP, making the relocation more ACTION: Notice. Since LSC’s TIG program was
complex. established in 2000, LSC has made over
(11) Damage to the ERCP will put SUMMARY: The Legal Services 670 grants totaling more than $57
miners at risk as the refuge may not Corporation (LSC) issues this Notice million. This grant program funds
function as intended. Each time the describing the process for submission of technology tools that help achieve LSC’s
ERCP is relocated, there is a potential Letters of Intent to Apply for 2017 goal of increasing the quantity and
that the ERCP will be damaged in some funding from the LSC Technology quality of legal services available to
manner. Similarly, if a compressed air Initiative Grant program. This notice eligible persons. Projects funded under
line and waterline need to be run and and application information are posted the TIG program develop, test, and
connected to each new location for the at http://tinyurl.com/TIGProcess2017. replicate innovative technologies that
ERCP, there is a chance that the lines or DATES: Deadline: Letters of Intent must can enable grant recipients and state
the connections will be damaged. be completed and submitted into the justice communities to improve low-
Potential damage to the ERCP and the online system at http://lscgrants.lsc.gov income persons’ access to high-quality
external airline and waterlines increases no later than 11:59 p.m. EDT, Friday, legal assistance through an integrated
each time they are moved, March 13, 2017. The online system may and well managed technology system.
disconnected, rerouted, reconnected, experience technical difficulties due to
and tested. The risk of damaging the heavy traffic on the day of the deadline. II. General Information
lines and connectors is eliminated by Applicants are strongly encouraged to The Legal Services Corporation
relying on the ERCP’s self-contained complete LOI submissions as early as awards Technology Initiative Grant
capabilities. possible. funds through an open, competitive,
The ERCP can only provide a safety LSC will not accept applications and impartial selection process. All
benefit to miners while the device is submitted after the application deadline prospective applicants for 2017 TIG
operational. To the extent an ERCP is unless an extension of the deadline has funds must submit a Letter of Intent to
unavailable while being relocated, that been approved in advance (see Waiver Apply (LOI) prior to submitting a formal
window of non-availability will increase Authority). Therefore, allow sufficient application. The format and contents of
while the air and water lines are being time for online submission. the LOI should conform to the
run, connected and tested for the new LSC will provide confirmation via requirements specified below in Section
location. As such, complying with email upon receipt of the completed IV.
§ 57.11052(d) with respect to the electronic submission of each Letter of Through the LOI process, LSC selects
relocating of the ERCP will have a Intent. Keep this email as verification those projects that have a reasonable
detrimental effect on miner safety. that the program’s LOI was submitted chance of success in the competitive
and received. If no confirmation email grant process based on LSC’s analysis of
(12) There are significant costs the project description and other
associated with each movement of an is received, inquire about the status of
your LOI at Techgrants@lsc.gov. information provided in the LOI. LSC
ERCP. The ERCP is roughly 15-feet long, will solicit full proposals for the
and requires a cutout that is 30-feet ADDRESSES: Letters of Intent must be
submitted electronically at http:// selected projects.
deep. The development costs at
Kensington are approximately $1,500 lscgrants.lsc.gov. LSC Requirements
per foot, meaning that each 30-foot FOR FURTHER INFORMATION CONTACT: For Technology Initiative Grant funds are
cutout will cost $45,000 to create. information on the status of a current subject to all LSC requirements,
Installing air, water and shotcrete will TIG project, contact Eric Mathison, including the requirements of the Legal
add to the figure. Moving the unit will Program Analyst, 202–295–1535; Services Corporation Act (LSC Act), any
take 2 miners approximately 12 hours, emathison@lsc.gov. applicable appropriations acts and any
at a labor cost of $1,136. In total, the For questions about projects in CT, IL, other applicable laws, rules, regulations,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
average cost to relocate a portable refuge IN, ME, MA, MI, NH, NJ, NY, OH, PA, policies, guidelines, instructions, and
one time is almost $50,000. To the RI, WI, WV, VT, contact David other directives of the Legal Services
extent these costs can be controlled by Bonebrake, Program Counsel, 202–295– Corporation (LSC), including, but not
alleviating redundant or unnecessary 1547; dbonebrake@lsc.gov. limited to, the LSC Audit Guide for
requirements, Coeur’s submits this For questions about projects in AK, Recipients and Auditors, the
petition. AZ, CA, CO, GU, HI, ID, IA, KS, MP, Accounting Guide for LSC Recipients,
The petitioner asserts that the MN, MT, NE, NV, NH, NM, ND, OK, OR, the CSR Handbook, the 1981 LSC
alternative method will at all times SD, TX, UT, WA, WY, contact Glenn Property Manual (as amended) and the
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Document Created: 2018-02-01 14:34:52
Document Modified: 2018-02-01 14:34:52
| 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 March 6, 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 9234 |
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