83 FR 57508 - Petitions for Modification of Application of Existing Mandatory Safety Standard
DEPARTMENT OF LABOR
Mine Safety and Health Administration Federal Register Volume 83, Issue 221 (November 15, 2018)
Mine Safety and Health Administration
Federal Register Volume 83, Issue 221 (November 15, 2018)
| Page Range | 57508-57509 | |
| FR Document | 2018-24913 |
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)] [Notices] [Pages 57508-57509] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24913] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF LABOR Mine Safety and Health Administration Petitions for Modification of Application of Existing Mandatory Safety Standard AGENCY: Mine Safety and Health Administration, Labor. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the parties listed below. DATES: All comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before December 17, 2018. ADDRESSES: You may submit your comments, identified by ``docket number'' on the subject line, by any of the following methods: 1. Email: zzMSHA-comments@dol.gov. 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 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), barron.barbara@dol.gov (email), or 202-693-9441 (fax). [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 (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. Petition for Modification Docket Number: M-2018-019-C. Petitioner: Knight Hawk Coal, LLC, 1710 State Route 154, Pinckneyville, Illinois 62274. Mine: Prairie Eagle Underground Mine, MSHA I.D. No. 11-03147, located in Perry County, Illinois. 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, low-voltage or battery-powered electronic testing and diagnostic equipment in or inby the last open crosscut. The petitioner states that: (1) The nonpermissible electronic testing and diagnostic equipment would be limited to laptop computers, oscilloscopes, vibration analysis machines, cable fault detectors, point temperature probes, infrared temperature devices, signal analyzer devices, ultrasonic measuring devices, electronic component testers, and electronic tachometers. (2) Permissible, approved voltage measuring instruments will be used when possible. (3) All other testing and diagnostic equipment used in or inby the last open crosscut will be permissible (4) Other testing and diagnostic equipment may be used if approved in advance by MSHA's District office. (5) All nonpermissible, low-voltage or battery-powered electronic testing and diagnostic equipment to be used in or inby the last open crosscut will be examined prior to use by a certified person to ensure equipment is being maintained in a safe operating condition. (6) The results of such inspection will be recorded and retained for one year and made available to MSHA on request. (7) A qualified person, as defined in 30 CFR 75.151, will continuously monitor for methane immediately before [[Page 57509]] and during the use of nonpermissible electronic testing and diagnostic equipment in or inby the last open crosscut. (8) Nonpermissible electronic testing and diagnostic equipment will not be used if methane is detected in concentrations at or above one percent. When methane is detected at such levels while the nonpermissible electronic testing and diagnostic equipment is being used, the equipment will be deenergized immediately and withdrawn outby the last open crosscut. (9) All hand-held methane detectors will be MSHA-approved and maintained in permissible and proper operating condition as defined in 30 CFR 75.320. (10) Coal production will cease, except for the time necessary to troubleshoot under actual mining conditions. Coal may remain in or on the equipment in order to test and diagnose the equipment under load. Accumulations of coal and combustible materials referenced in 30 CFR 75.400 will be removed before testing begins to provide additional safety to miners. (11) Nonpermissible electronic test and diagnostic equipment will not be used to test equipment when float coal dust is in suspension. (12) All electronic and diagnostic equipment will be used in accordance with the manufacturer's recommended safe use procedures. (13) Qualified personnel engaged in the use of nonpermissible electronic testing and diagnostic equipment will be properly trained to recognize the hazards and limitations associated with the use of such equipment in areas where methane could be present. (14) The nonpermissible electronic testing and diagnostic equipment will not be put into service until MSHA has inspected the equipment and determined that it is in compliance with all the above terms and conditions. (15) Cables supplying power to low-voltage testing and diagnostic equipment will only be used when permissible testing and diagnostic equipment is unavailable. (16) Within 60 days after the Proposed Decision and Order (PDO) becomes final, the petitioner will submit proposed revisions for its approved 30 CFR part 48 training plan to the District Manager. The revisions will specify initial and refresher training regarding the terms and conditions in the PDO. 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. Roslyn B. Fontaine, Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. 2018-24913 Filed 11-14-18; 8:45 am] BILLING CODE 4520-43-P
![57508 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices
—How to minimize the burden of the DEPARTMENT OF LABOR other mine if the Secretary of Labor
collection of information on those (Secretary) determines that:
who are to respond, including Mine Safety and Health Administration 1. An alternative method of achieving
through the use of appropriate the result of such standard exists which
automated, electronic, mechanical, or Petitions for Modification of will at all times guarantee no less than
other technological collection Application of Existing Mandatory the same measure of protection afforded
Safety Standard the miners of such mine by such
techniques or other forms of
information technology, e.g., AGENCY: Mine Safety and Health standard; or
permitting electronic submission of Administration, Labor. 2. That the application of such
responses. standard to such mine will result in a
ACTION: Notice. diminution of safety to the miners in
Overview of This Information such mine.
SUMMARY: This notice is a summary of
Collection In addition, the regulations at 30 CFR
a petition for modification submitted to
44.10 and 44.11 establish the
(1) Type of Information Collection: the Mine Safety and Health
requirements and procedures for filing
Extension of a currently approved Administration (MSHA) by the parties
petitions for modification.
collection. listed below.
DATES: All comments on the petition II. Petition for Modification
(2) Title of the Form/Collection:
Federal Coal Lease Reserves. must be received by MSHA’s Office of Docket Number: M–2018–019–C.
Standards, Regulations, and Variances Petitioner: Knight Hawk Coal, LLC,
(3) Agency form number, if any, and on or before December 17, 2018. 1710 State Route 154, Pinckneyville,
the applicable component of the Illinois 62274.
ADDRESSES: You may submit your
Department of Justice sponsoring the comments, identified by ‘‘docket Mine: Prairie Eagle Underground
collection: Form Numbers: ATR–139 number’’ on the subject line, by any of Mine, MSHA I.D. No. 11–03147, located
and ATR–140, Antitrust Division, the following methods: in Perry County, Illinois.
Department of Justice. 1. Email: zzMSHA-comments@ Regulation Affected: 30 CFR 75.500(d)
(4) Affected public who will be asked dol.gov. Include the docket number of (Permissible electric equipment).
or required to respond, as well as brief the petition in the subject line of the Modification Request: The petitioner
abstract: Primary: Business or other for message. requests a modification of the existing
Profit. Other: None. The Department of 2. Facsimile: 202–693–9441. standard to permit the use of
Justice evaluates the competitive impact 3. Regular Mail or Hand Delivery: nonpermissible, low-voltage or battery-
of issuances, transfers and exchanges of MSHA, Office of Standards, powered electronic testing and
federal coal leases. These forms seek Regulations, and Variances, 201 12th diagnostic equipment in or inby the last
information regarding a prospective coal Street South, Suite 4E401, Arlington, open crosscut.
lessee’s existing coal reserves. The Virginia 22202–5452, Attention: Sheila The petitioner states that:
Department uses this information to McConnell, Director, Office of (1) The nonpermissible electronic
Standards, Regulations, and Variances. testing and diagnostic equipment would
determine whether the issuance,
Persons delivering documents are be limited to laptop computers,
transfer or exchange of the federal coal
required to check in at the receptionist’s oscilloscopes, vibration analysis
lease is consistent with the antitrust
desk in Suite 4E401. Individuals may machines, cable fault detectors, point
laws.
inspect a copy of the petition and temperature probes, infrared
(5) An estimate of the total number of temperature devices, signal analyzer
comments during normal business
respondents and the amount of time devices, ultrasonic measuring devices,
hours at the address listed above.
estimated for an average respondent to electronic component testers, and
MSHA will consider only comments
respond. It is estimated that 10 electronic tachometers.
postmarked by the U.S. Postal Service or
respondents will complete each form, (2) Permissible, approved voltage
proof of delivery from another delivery
with each response taking measuring instruments will be used
service such as UPS or Federal Express
approximately two hours. on or before the deadline for comments. when possible.
(6) An estimate of the total public (3) All other testing and diagnostic
FOR FURTHER INFORMATION CONTACT: equipment used in or inby the last open
burden (in hours) associated with the Barbara Barron, Office of Standards,
collection: There are an estimated 20 crosscut will be permissible
Regulations, and Variances at 202–693– (4) Other testing and diagnostic
annual burden hours associated with 9447 (voice), barron.barbara@dol.gov equipment may be used if approved in
this collection, in total. (email), or 202–693–9441 (fax). [These advance by MSHA’s District office.
If additional information is required, are not toll-free numbers.] (5) All nonpermissible, low-voltage or
contact: Melody Braswell, Department SUPPLEMENTARY INFORMATION: Section battery-powered electronic testing and
Clearance Officer, United States 101(c) of the Federal Mine Safety and diagnostic equipment to be used in or
Department of Justice, Justice Health Act of 1977 and Title 30 of the inby the last open crosscut will be
Management Division, Policy and Code of Federal Regulations Part 44 examined prior to use by a certified
Planning Staff, Two Constitution govern the application, processing, and person to ensure equipment is being
Square, 145 N Street NE, Washington, disposition of petitions for modification. maintained in a safe operating
DC 20530.
khammond on DSK30JT082PROD with NOTICES
condition.
I. Background
Dated: November 8, 2018.
(6) The results of such inspection will
Section 101(c) of the Federal Mine be recorded and retained for one year
Jonathan Mueller, Safety and Health Act of 1977 (Mine and made available to MSHA on
Department Clearance Officer, PRA, United Act) allows the mine operator or request.
States Department of Justice. representative of miners to file a (7) A qualified person, as defined in
[FR Doc. 2018–24857 Filed 11–14–18; 8:45 am] petition to modify the application of any 30 CFR 75.151, will continuously
BILLING CODE 4410–10–P mandatory safety standard to a coal or monitor for methane immediately before
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![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Notices 57509
and during the use of nonpermissible measure of protection afforded by the one comments was received. NSF is
electronic testing and diagnostic existing standard. forwarding the proposed new
equipment in or inby the last open information collection submission to the
Roslyn B. Fontaine,
crosscut. Office of Management and Budget
Deputy Director, Office of Standards,
(8) Nonpermissible electronic testing (OMB) for clearance simultaneously
Regulations, and Variances.
and diagnostic equipment will not be with the publication of this second
[FR Doc. 2018–24913 Filed 11–14–18; 8:45 am]
used if methane is detected in notice. The full submission may be
BILLING CODE 4520–43–P
concentrations at or above one percent. found at: http://www.reginfo.gov/public/
When methane is detected at such levels do/PRAMain.
while the nonpermissible electronic DEPARTMENT OF LABOR DATES: Comments regarding these
testing and diagnostic equipment is information collections are best assured
being used, the equipment will be Mine Safety and Health Administration of having their full effect if received
deenergized immediately and within 30 days of this notification.
withdrawn outby the last open crosscut. Petition for Modification
FOR FURTHER INFORMATION CONTACT:
(9) All hand-held methane detectors AGENCY: Mine Safety and Health Office of Information and Regulatory
will be MSHA-approved and Administration, Labor. Affairs of OMB, Attention: Desk Officer
maintained in permissible and proper ACTION: Notice; correction. for National Science Foundation, 725—
operating condition as defined in 30 17th Street, NW Room 10235,
CFR 75.320. SUMMARY: This notice amends a notice Washington, DC 20503, and Suzanne H.
(10) Coal production will cease, published in the Federal Register on Plimpton, Reports Clearance Officer,
except for the time necessary to October 30, 2018, for Affirmative National Science Foundation, 2415
troubleshoot under actual mining Decisions on Petitions for Modification Eisenhower Avenue, Alexandria, VA
conditions. Coal may remain in or on Granted in Whole or in Part. 22314, or send email to splimpto@
the equipment in order to test and FOR FURTHER INFORMATION CONTACT: nsf.gov. Individuals who use a
diagnose the equipment under load. Roslyn B. Fontaine, 202–693–9440. telecommunications device for the deaf
Accumulations of coal and combustible Correction (TDD) may call the Federal Information
materials referenced in 30 CFR 75.400 Relay Service (FIRS) at 1–800–877–
will be removed before testing begins to A petition for modification for Docket 8339, which is accessible 24 hours a
provide additional safety to miners. Number M–2017–019–C, for Marfork day, 7 days a week, 365 days a year
Coal Company, LLC, 500 Lee Street East, (including federal holidays).
(11) Nonpermissible electronic test Suite 701 (25301), Post Office Box 2548,
and diagnostic equipment will not be Copies of the submission(s) may be
Charleston, West Virginia 25329, obtained by calling 703–292–7556.
used to test equipment when float coal referenced in the October 30, 2018
dust is in suspension. Federal Register notice on page 54616 SUPPLEMENTARY INFORMATION: NSF may
(12) All electronic and diagnostic in the 1st column, was inadvertently not conduct or sponsor a collection of
equipment will be used in accordance listed in the notice as granted. The information unless the collection of
with the manufacturer’s recommended petition was not granted. information displays a currently valid
safe use procedures. OMB control number and the agency
Roslyn B. Fontaine, informs potential persons who are to
(13) Qualified personnel engaged in
the use of nonpermissible electronic Deputy Director, Office of Standards, respond to the collection of information
Regulations and Variances. that such persons are not required to
testing and diagnostic equipment will
be properly trained to recognize the [FR Doc. 2018–24912 Filed 11–14–18; 8:45 am] respond to the collection of information
hazards and limitations associated with BILLING CODE 4520–43–P unless it displays a currently valid OMB
the use of such equipment in areas control number.
where methane could be present. Comments regarding (a) whether the
NATIONAL SCIENCE FOUNDATION collection of information is necessary
(14) The nonpermissible electronic
for the proper performance of the
testing and diagnostic equipment will Notice of Intent To Seek Approval To functions of the agency, including
not be put into service until MSHA has Extend an Information Collection whether the information will have
inspected the equipment and
National Science Foundation.
AGENCY:
practical utility; (b) the accuracy of the
determined that it is in compliance with
agency’s estimate of burden including
all the above terms and conditions. Notice and request for
ACTION:
the validity of the methodology and
(15) Cables supplying power to low- comments.
assumptions used; (c) ways to enhance
voltage testing and diagnostic SUMMARY: The National Science the quality, utility and clarity of the
equipment will only be used when Foundation (NSF) is announcing plans information to be collected; (d) ways to
permissible testing and diagnostic to request a new, one time data minimize the burden of the collection of
equipment is unavailable. collection. The primary purpose of this information on those who are to
(16) Within 60 days after the Proposed data collection is to provide critical respond, including through the use of
Decision and Order (PDO) becomes evidence for the Evaluation of the appropriate automated, electronic,
final, the petitioner will submit Centers for Chemical Innovation (CCI) mechanical, or other technological
proposed revisions for its approved 30 Program. The National Science collection techniques or other forms of
khammond on DSK30JT082PROD with NOTICES
CFR part 48 training plan to the District Foundation (NSF) has submitted this information technology should be
Manager. The revisions will specify information collection requirement to addressed to the points of contact in the
initial and refresher training regarding OMB for review and clearance under the FOR FURTHER INFORMATION CONTACT
the terms and conditions in the PDO. Paperwork Reduction Act of 1995. This section.
The petitioner asserts that the is the second notice for public Title of Collection: 2019 National
proposed alternative method will at all comment; the first was published in the Survey of College Graduates.
times guarantee no less than the same Federal Register at 83 FR 27354, and OMB Number: 3145–0141.
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Document Created: 2018-11-15 04:01:11
Document Modified: 2018-11-15 04:01:11
| 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 December 17, 2018. | |
| Contact | Barbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (voice), [email protected] (email), or 202-693-9441 (fax). [These are not toll-free numbers.] | |
| FR Citation | 83 FR 57508 |
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