1219-0065 PUBLISHED FRN 7-17-15 v80 p42549

1219-0065 PUBLISHED FRN 7-17-15 v80 p42549.pdf

Petitions for Modification of Mandatory Safety Standards

1219-0065 PUBLISHED FRN 7-17-15 v80 p42549

OMB: 1219-0065

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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
to be operated underground with only
rear wheel brakes. The petitioner states
that:
(1) The diesel grader will be limited
to a maximum speed of 10 miles per
hour by physically blocking the higher
gear ratios that provide for speeds
exceeding 10 miles per hour.
(2) The miners that operate the grader
will be trained to recognize the gear
blocking device and its proper
application and requirements.
(3) The miners that operate the grader
will be trained to drop the grader blade
in emergencies to provide additional
stopping capability.
(4) Limiting the grader to low speeds,
coupled with the availability of the
grader blade for stopping in
emergencies, will provide the
appropriate stopping ability. The rear
wheel brakes will be maintained in
proper working condition at all times.
(5) The Getman diesel grader will
meet all other applicable requirements
of the Federal Mine Safety and Health
Act of 1977 and MSHA’s regulations.
(6) This petition is limited to the
Getman diesel grader serial number
6732.
(7) Within 60 days after this petition
becomes final, the petitioner will submit
proposed revisions for their approved
30 CFR part 48 training plan to the
District Manager. These revisions will
specify initial and refresher training
consistent with the terms and
conditions stated in the petition.
Docket Number: M–2015–014–C.
Petitioner: XMV, Inc., 640 Clover Dew
Dairy Road, Princeton, West Virginia
24740.
Mine: Mine No. 40, MSHA I.D. No.
46–09298, located in McDowell County,
West Virginia.
Regulation Affected: 30 CFR 77.214(a)
(Refuse piles; general).
Modification Request: The petitioner
requests a modification of the existing
standard to permit, upon abandonment
of the XMV Mine No. 40, completion of
the following as an alternative method
to the standard:
(1) The Army Corps of Engineers has
documented that the existing
groundwater table is only present below
the proposed Pocahontas No. 9 Seam
mine portals at the level of the
Pocahontas No. 3 Seam mine void. This
is due to extensive mining of the
Pocahontas No. 3 Seam, which has
fractured the overlying strata. The
Pocahontas No. 3 Seam is ± 300 feet
below the Pocahontas No. 9 Seam.
Based upon the site-specific data
provided, the petitioner proposes to seal
the five up-dip mine entries with a
concrete block seal and fill the

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remaining area between the mine seal
and the surface with the most
impervious and noncombustible
material available. Entry No. 1 will be
equipped with a ‘‘wet’’ seal that will
extrude from the block seal outward to
the edge of the Pocahontas No. 9 Seam
mine bench and entries Nos. 2, 3, 4 and
5 will be constructed as ‘‘dry’’ seals.
Although the possibility of impounding
water in the mine void is unlikely
because the refuse area will be up-dip
of the abandoned mine and above the
Pocahontas No. 3 Seam, a wet seal will
be used as a preventive measure.
(2) To minimize the possibility of
ignition and burning, in addition to
placing the most impervious and
noncombustible material within limits
of the concrete seals and the surface, the
most impervious and noncombustible
material will be used to encapsulate the
exposed coal seam along the existing
highwall with a minimum of 4 feet of
cover.
(3) Once the coal seam and mine
entries are sealed and encapsulated, the
placement of dry, screened refuse
material from the underlying XMV Mine
No. 42—Pocahontas No. 6 Seam mine
will be used to backfill and eliminate
the existing highwall.
The petitioner asserts that as
indicated in the information and
designs provided, the encapsulation of
the entire coal seam, the location of the
proposed refuse area up-dip of the
underground mine void, and the
absence of any groundwater discharge,
the proposed plan limits the potential
for burning of the coal seam or
impounding water within the mine void
and will provide no less than the same
measure of protection or greater than
that afforded by the standard.
Dated: July 13, 2015.
Sheila McConnell,
Acting Director, Office of Standards,
Regulations, and Variances.
[FR Doc. 2015–17540 Filed 7–16–15; 8:45 am]
BILLING CODE 4510–43–P

DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0065]

Proposed Extension of Information
Collection; Petitions for Modification of
Mandatory Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,

SUMMARY:

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42549

conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995, 44 U.S.C. 3506(c)(2)(A). This
program helps to assure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Petitions for
Modification of Mandatory Safety
Standards.
DATES: All comments must be received
on or before September 15, 2015.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2015–0016.
• Regular Mail: Send comments to
USDOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• Hand Delivery: USDOL-Mine Safety
and Health Administration, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452. Sign in at the
receptionist’s desk on the 4th floor via
the East elevator.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Acting Director,
Office of Standards, Regulations, and
Variances, MSHA, at
MSHA.information.collections@dol.gov
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. Section 811(c), provides
that a mine operator or a representative
of miners may petition the Secretary of
Labor (Secretary) to modify the
application of a mandatory safety
standard. A petition for modification
may be granted if the Secretary
determines (1) that an alternative
method of achieving the results of the
standard exists and that it will
guarantee, at all times, no less than the
same measure of protection for the
miners affected as that afforded by the
standard, or (2) that the application of

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Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices

srobinson on DSK5SPTVN1PROD with NOTICES

the standard will result in a diminution
of safety to the miners affected.
Under 30 CFR 44.9, mine operators
must post a copy of each petition for
modification concerning the mine on
the mine’s bulletin board and maintain
the posting until a ruling on the petition
becomes final. This applies only to
mines for which there is no
representative of miners.
Under 30 CFR 44.10, detailed
guidance for filing a petition for
modification is provided for the
operator of the affected mine or any
representative of the miners at that
mine. The petition must be in writing,
filed with the Director, Office of
Standards, Regulations and Variances,
and a copy of the petition served by the
filing party (the mine operator or
representative of miners) on the other
party.
Under 30 CFR 44.11(a), the petition
for modification must contain the
petitioner’s name and address; the
mailing address and mine identification
number of the mine or mines affected;
the mandatory safety standard to which
the petition is directed; a concise
statement of the modification requested
and whether the petitioner (1) proposes
to establish an alternate method in lieu
of the mandatory safety standard, or (2)
alleges that application of the standard
will result in diminution of safety to the
miners affected, or (3) requests relief
based on both grounds; a detailed
statement of the facts that show the
grounds upon which a modification is
claimed or warranted; and, if the
petitioner is a mine operator, the
identity of any representative of miners
at the affected mine.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Petitions for
Modification of Mandatory Safety
Standards. MSHA is particularly
interested in comments that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or

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other forms of information technology,
e.g., permitting electronic submission of
responses.
The information collection request
will be available on http://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on www.regulations.gov and
www.reginfo.gov.
The public may also examine publicly
available documents at USDOL-Mine
Safety and Health Administration, 201
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at
the receptionist’s desk on the 4th floor
via the East elevator.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION section of this notice.
III. Current Actions
This request for collection of
information contains provisions for
Petitions for Modification of Mandatory
Safety Standards. MSHA has updated
the data with respect to the number of
respondents, responses, burden hours,
and burden costs supporting this
information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0065.
Affected Public: Business or other forprofit.
Number of Respondents: 68.
Frequency: On occasion.
Number of Responses: 68.
Annual Burden Hours: 2,720 hours.
Annual Respondent or Recordkeeper
Cost: $24,916.
Comments submitted in response to
this notice will be summarized and
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated: July 13, 2015.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2015–17541 Filed 7–16–15; 8:45 am]
BILLING CODE 4510–43–P

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NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–2015–053]

Records Schedules; Availability and
Request for Comments
National Archives and Records
Administration (NARA).
ACTION: Notice of availability of
proposed records schedules; request for
comments.
AGENCY:

The National Archives and
Records Administration (NARA)
publishes notice at least once monthly
of certain Federal agency requests for
records disposition authority (records
schedules). Once approved by NARA,
records schedules provide mandatory
instructions on what happens to records
when no longer needed for current
Government business. They authorize
agencies to preserve records of
continuing value in the National
Archives of the United States and to
destroy, after a specified period, records
lacking administrative, legal, research,
or other value. NARA publishes notice
for records schedules in which agencies
propose to destroy records not
previously authorized for disposal or
reduce the retention period of records
already authorized for disposal. NARA
invites public comments on such
records schedules, as required by 44
U.S.C. 3303a(a).
DATES: NARA must receive requests for
copies in writing by August 17, 2015.
Once NARA completes appraisal of the
records, we will send you a copy of the
schedule you requested. We usually
prepare appraisal memoranda that
contain additional information
concerning the records covered by a
proposed schedule. You may also
request these. If you do, we will also
provide them once we have completed
the appraisal. You have 30 days after we
send these requested documents in
which to submit comments.
ADDRESSES: You may request a copy of
any records schedule identified in this
notice by contacting Records
Management Services (ACNR) using one
of the following means:
Mail: NARA (ACNR); 8601 Adelphi
Road; College Park, MD 20740–6001.
Email: request.schedule@nara.gov.
FAX: 301–837–3698.
You must cite the control number,
which appears in parentheses after the
name of the agency which submitted the
schedule, and a mailing address. If you
would like an appraisal report, please
include that in your request.
FOR FURTHER INFORMATION CONTACT:
Margaret Hawkins, Director, by mail at
SUMMARY:

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