83_FR_7815 83 FR 7779 - Petition for Modification of Application of Existing Mandatory Safety Standard

83 FR 7779 - Petition for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range7779-7780
FR Document2018-03555

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

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018) 
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7779-7780]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03555]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

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 
parties listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before March 26, 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,

[[Page 7780]]

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 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-2018-002-M.
    Petitioner: Central Plains Cement Company, 1801 Wewatta Street, 
Suite 1000, Denver, Colorado 80202.
    Mine: Sugar Creek Mine, MSHA I.D. No. 23-02171, located in Jackson 
County, Missouri.
    Regulation Affected: 30 CFR 49.6(a)(1) (Equipment and maintenance 
requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the maintenance of a minimum of six 
approved self-contained breathing apparatus at its mine rescue station 
in lieu of twelve self-contained breathing apparatus. The petitioner 
proposes to maintain a mine rescue station with a minimum of six 
approved self-contained breathing apparatus and all equipment 
identified in 30 CFR 49.6(a)(2) through (a)(9). This station would 
contain sufficient equipment to equip one mine rescue team.
    The petitioner states that:
    (1) Central Plains Cement is the operator of the Sugar Creek Mine, 
and controlled by Eagle Materials, Inc.
    (2) Sugar Creek is an underground limestone mine, located at 2200 
N. Courtney Road, Sugar Creek, Missouri 64050, in Jackson County, 
Missouri, Mine I.D. No. 23-02171. The active workings are accessed from 
the surface via a 700 foot vertical shaft. Sugar Creek is a room and 
pillar mine with multiple openings to active milling areas. (3) The 
petitioner has established a single mine rescue team for Sugar Creek. 
The mine rescue team consists of eight qualified and trained members.
    (4) The petitioner has entered into an agreement with Martin 
Marietta Kansas City, LLC (``Martin Marietta'') whereby Martin Marietta 
agrees to provide mine rescue services by the Martin Marietta 
Materials, Kansas City Mine Rescue team as needed to Sugar Creek. 
Similarly, petitioner has agreed to provide rescue services by the 
Sugar Creek mine rescue team as needed to three Martin Marietta 
locations.
    (5) The Sugar Creek mine rescue team will provide services to the 
Martin Marietta's Randolph Deep Mine (Randolph) located at 401 Randolph 
Road, Randolph, Missouri 64161, in Clay County, Missouri, Mine I.D. No. 
23-02308; The Stamper Underground Mine (Stamper) is an underground 
limestone mine, located at 13500 Interurban Road, Kansas City, Missouri 
64163, in Platte County, Missouri, Mine I.D. No. 23-02232; and its 
Parkville Quarry (Parkville) is an underground limestone mine, is 
located at 7600 NW 9 Hwy., Parkville, Missouri 64152, in Platte County, 
Missouri, Mine I.D. No. 23-01883.
    (6) On January 2, 2018, Martin Marietta filed a Petition for 
Modification seeking approval for the identical modification of 30 CFR 
49.6(a)(1) requested herein.
    (7) The petitioner has a mine rescue station located at Sugar 
Creek. Prior to December 20, 2017, the Sugar Creek mine rescue station 
and Martin Marietta's Mine rescue station at Randolph each contained 
equipment sufficient only to supply one mine rescue team. As of 
December 20, 2018, Martin Marietta relocated certain mine rescue team 
equipment, including six self-contained breathing apparatus, gas 
monitors, cap lamps, and oxygen bottles, to the Sugar Creek mine rescue 
station to ensure that the combined mine rescue station at Sugar Creek 
is in compliance with 30 CFR 49.6(a). However, if MSHA grants the 
relief sought by this petition, Martin Marietta intends to return that 
mine rescue team equipment to Randolph.
    (8) The proposed modification would provide at least the same 
measure of safety contemplated by the standard. Pursuant to the mine 
rescue services arrangement between Martin Marietta and petitioner, 
there will always be two mine rescue teams available whenever miners 
are underground and a minimum of twelve approved self-contained 
breathing apparatus available for a mine emergency. Both Stamper and 
Parkville are within thirty minutes or less of ground travel time from 
Randolph, and Randolph is located within fifteen minutes of ground 
travel time from Sugar Creek. When maintained in the individual mine 
rescue stations as petitioned for, the self-contained breathing 
apparatus could be used immediately or transported to another mine 
within a maximum forty-five minutes ground travel time.
    (9) The petitioner seeks an alternative method of compliance with 
30 CFR 49.6(a)(1) and proposes the following for the Sugar Creek mine 
rescue station:
    (a) Self-Contained Breathing Apparatus: The mine rescue station 
will be equipped with a minimum of six self-contained breathing 
apparatus, each with a minimum of four hours capacity (approved by MSHA 
and NIOSH under 42 CFR part 84, subpart H), and any necessary equipment 
for testing such apparatus.
    (b) The petitioner will maintain a mine rescue station provided 
with all equipment identified in 30 CFR 49.6(a)(2) through (a)(9).
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the existing standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-03555 Filed 2-21-18; 8:45 am]
BILLING CODE 4520-43-P

Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices 7779 partnerships are developed and readiness score. It is expected to take 5 • Evaluate the accuracy of the maintained. minutes for the applicant to complete a agency’s estimate of the burden of the This Federal Register Notice provides program readiness tool. proposed collection of information, the opportunity to comment on three * Grantee Survey. The grantee survey including the validity of the proposed data collection instruments will be administered to all HVPR methodology and assumptions used. that will be used in the evaluation: grantees (as of PY 2018) to collect the • Enhance the quality, utility, and * Baseline Information Form. All following information: (1) Key referral clarity of the information to be study-eligible program applicants, that sources for participants, (2) key collected. is, those applicants who meet the recruitment sources and challenges, (3) • Minimize the burden of the program’s definition of a homeless number and type of services, (4) list of collection of information on those who veteran, will be presented with a services offered on-site and through are to respond, including through the consent form prior to the collection of referrals, (5) key partners and referral use of appropriate automated, baseline information. Applicants who sources, (6) type and mode of electronic, mechanical, or other give their consent will be asked to communication, and (7) types of technological collection techniques or complete the Baseline Information Form coordination and collaboration. The other forms of information technology- by providing information on their: (1) survey will be administered via web. It for example, permitting electronic Demographics and background is expected to take the participants an submission of responses. characteristics, (2) employment history, average of 60 minutes to complete the III. Current Actions: At this time, DOL (3) service-related characteristics, (4) survey. is requesting clearance for the Baseline receipt of public assistance, and (5) contact information. It is expected to II. Desired Focus of Comments: Information Form, program readiness take the applicant an average of 10 Currently, DOL is soliciting comments tool, and grantee survey. A future minutes to complete the form. concerning the above data collection for information collection request will * Program readiness tool. The the HVRP Evaluation. DOL is include protocols for staff interviews, program readiness tool will be particularly interested in comments that focus groups, and case studies; a partner administered as part of the baseline data do the following: survey; a front line staff survey; and a collection process after applicant • Evaluate whether the proposed participant follow-up survey. consent. The applicant will answer the collection of information is necessary Type of Review: New information simple tool’s basic questions about the for the proper performance of the collection request. applicant’s motivation and readiness for functions of the agency, including OMC Control Number: 1290–0NEW work. A web-based system will validate whether the information will have Affected Public: Veterans data entries and calculate a program practical utility. experiencing homelessness. ESTIMATED BURDEN HOURS Annual Average Annual Annual Total number number of burden hour Type of instrument number of estimated respondents responses per per response respondents burden hours respondent (hours) Veteran Background information form ............................................... a 1,440 480 1 0.17 80 Program Readiness Tool ..................................................... a 1,440 480 1 0.08 40 Grantee Staff Grantee Survey .................................................................... 155 52 1 1 51.7 Total .............................................................................. 3,035 1,012 ........................ ........................ 171.7 a The Background Information Form and Program Readiness Tool will be collected from all study-eligible applicants who consented to partici- pate in the study. The number of respondents is based on an 85% response rate (1,440). Comments submitted in response to DEPARTMENT OF LABOR DATES: All comments on the petition this request will be summarized and/or must be received by MSHA’s Office of included in the request for Office of Mine Safety and Health Administration Standards, Regulations, and Variances Management and Budget approval of the on or before March 26, 2018. information collection request; they will Petition for Modification of Application ADDRESSES: You may submit your also become a matter of public record. of Existing Mandatory Safety Standard comments, identified by ‘‘docket number’’ on the subject line, by any of Dated: February 13, 2018. AGENCY:Mine Safety and Health the following methods: Molly Irwin, Administration, Labor. 1. Electronic Mail: zzMSHA- Chief Evaluation Officer, U.S. Department of comments@dol.gov. Include the docket Notice. daltland on DSKBBV9HB2PROD with NOTICES ACTION: Labor. number of the petition in the subject [FR Doc. 2018–03553 Filed 2–21–18; 8:45 am] line of the message. SUMMARY: This notice is a summary of BILLING CODE 4510–HX–P 2. Facsimile: 202–693–9441. a petition for modification submitted to 3. Regular Mail or Hand Delivery: the Mine Safety and Health MSHA, Office of Standards, Administration (MSHA) by the parties Regulations, and Variances, 201 12th listed below. Street South, Suite 4E401, Arlington, VerDate Sep<11>2014 20:10 Feb 21, 2018 Jkt 244001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 22FEN1

7780 Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices Virginia 22202–5452, Attention: Sheila self-contained breathing apparatus. The self-contained breathing apparatus, gas McConnell, Director, Office of petitioner proposes to maintain a mine monitors, cap lamps, and oxygen Standards, Regulations, and Variances. rescue station with a minimum of six bottles, to the Sugar Creek mine rescue Persons delivering documents are approved self-contained breathing station to ensure that the combined required to check in at the receptionist’s apparatus and all equipment identified mine rescue station at Sugar Creek is in desk in Suite 4E401. Individuals may in 30 CFR 49.6(a)(2) through (a)(9). This compliance with 30 CFR 49.6(a). inspect copies of the petition and station would contain sufficient However, if MSHA grants the relief comments during normal business equipment to equip one mine rescue sought by this petition, Martin Marietta hours at the address listed above. team. intends to return that mine rescue team MSHA will consider only comments The petitioner states that: (1) Central Plains Cement is the equipment to Randolph. postmarked by the U.S. Postal Service or proof of delivery from another delivery operator of the Sugar Creek Mine, and (8) The proposed modification would service such as UPS or Federal Express controlled by Eagle Materials, Inc. provide at least the same measure of on or before the deadline for comments. (2) Sugar Creek is an underground safety contemplated by the standard. limestone mine, located at 2200 N. Pursuant to the mine rescue services FOR FURTHER INFORMATION CONTACT: Courtney Road, Sugar Creek, Missouri arrangement between Martin Marietta Barbara Barron, Office of Standards, 64050, in Jackson County, Missouri, Regulations, and Variances at 202–693– and petitioner, there will always be two Mine I.D. No. 23–02171. The active mine rescue teams available whenever 9447 (Voice), barron.barbara@dol.gov workings are accessed from the surface (Email), or 202–693–9441 (Facsimile). miners are underground and a via a 700 foot vertical shaft. Sugar Creek minimum of twelve approved self- [These are not toll-free numbers.] is a room and pillar mine with multiple SUPPLEMENTARY INFORMATION: Section contained breathing apparatus available openings to active milling areas. (3) The 101(c) of the Federal Mine Safety and for a mine emergency. Both Stamper petitioner has established a single mine Health Act of 1977 and Title 30 of the rescue team for Sugar Creek. The mine and Parkville are within thirty minutes Code of Federal Regulations Part 44 rescue team consists of eight qualified or less of ground travel time from govern the application, processing, and and trained members. Randolph, and Randolph is located disposition of petitions for modification. (4) The petitioner has entered into an within fifteen minutes of ground travel agreement with Martin Marietta Kansas time from Sugar Creek. When I. Background maintained in the individual mine City, LLC (‘‘Martin Marietta’’) whereby Section 101(c) of the Federal Mine Martin Marietta agrees to provide mine rescue stations as petitioned for, the Safety and Health Act of 1977 (Mine rescue services by the Martin Marietta self-contained breathing apparatus Act) allows the mine operator or Materials, Kansas City Mine Rescue could be used immediately or representative of miners to file a team as needed to Sugar Creek. transported to another mine within a petition to modify the application of any Similarly, petitioner has agreed to maximum forty-five minutes ground mandatory safety standard to a coal or provide rescue services by the Sugar travel time. other mine if the Secretary of Labor Creek mine rescue team as needed to (Secretary) determines that: (9) The petitioner seeks an alternative three Martin Marietta locations. 1. An alternative method of achieving (5) The Sugar Creek mine rescue team method of compliance with 30 CFR the result of such standard exists which will provide services to the Martin 49.6(a)(1) and proposes the following for will at all times guarantee no less than Marietta’s Randolph Deep Mine the Sugar Creek mine rescue station: the same measure of protection afforded (Randolph) located at 401 Randolph (a) Self-Contained Breathing the miners of such mine by such Road, Randolph, Missouri 64161, in Apparatus: The mine rescue station will standard; or Clay County, Missouri, Mine I.D. No. be equipped with a minimum of six self- 2. That the application of such 23–02308; The Stamper Underground contained breathing apparatus, each standard to such mine will result in a Mine (Stamper) is an underground with a minimum of four hours capacity diminution of safety to the miners in limestone mine, located at 13500 (approved by MSHA and NIOSH under such mine. Interurban Road, Kansas City, Missouri 42 CFR part 84, subpart H), and any In addition, the regulations at 30 CFR 64163, in Platte County, Missouri, Mine necessary equipment for testing such 44.10 and 44.11 establish the I.D. No. 23–02232; and its Parkville apparatus. requirements and procedures for filing Quarry (Parkville) is an underground petitions for modification. limestone mine, is located at 7600 NW (b) The petitioner will maintain a 9 Hwy., Parkville, Missouri 64152, in mine rescue station provided with all II. Petition for Modification equipment identified in 30 CFR Platte County, Missouri, Mine I.D. No. Docket Number: M–2018–002–M. 23–01883. 49.6(a)(2) through (a)(9). Petitioner: Central Plains Cement (6) On January 2, 2018, Martin The petitioner asserts that the Company, 1801 Wewatta Street, Suite Marietta filed a Petition for Modification proposed alternative method will at all 1000, Denver, Colorado 80202. seeking approval for the identical times guarantee no less than the same Mine: Sugar Creek Mine, MSHA I.D. modification of 30 CFR 49.6(a)(1) measure of protection afforded the No. 23–02171, located in Jackson requested herein. miners under the existing standard. County, Missouri. (7) The petitioner has a mine rescue Regulation Affected: 30 CFR 49.6(a)(1) station located at Sugar Creek. Prior to Sheila McConnell, (Equipment and maintenance December 20, 2017, the Sugar Creek Director, Office of Standards, Regulations, daltland on DSKBBV9HB2PROD with NOTICES requirements). mine rescue station and Martin and Variances. Modification Request: The petitioner Marietta’s Mine rescue station at [FR Doc. 2018–03555 Filed 2–21–18; 8:45 am] requests a modification of the existing Randolph each contained equipment BILLING CODE 4520–43–P standard to permit the maintenance of a sufficient only to supply one mine minimum of six approved self- rescue team. As of December 20, 2018, contained breathing apparatus at its Martin Marietta relocated certain mine mine rescue station in lieu of twelve rescue team equipment, including six VerDate Sep<11>2014 20:10 Feb 21, 2018 Jkt 244001 PO 00000 Frm 00127 Fmt 4703 Sfmt 9990 E:\FR\FM\22FEN1.SGM 22FEN1


Document Created: 2018-02-22 02:50:46
Document Modified: 2018-02-22 02:50:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before March 26, 2018.
ContactBarbara 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 Citation83 FR 7779 
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