22152 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices 

Delineators will be used along the 

perimeter of areas of the roadway where 

no pipeline was laid and there was a 

drop-off sufficient for equipment to 

overturn. Delineators are installed along 

the perimeter of the impoundment so 

that, for both directions of travel, the 

reflective surfaces of at least three 

delineators along each elevation will 

always be visible to the driver and 

spaced at intervals sufficient to indicate 

the edges and altitude of the roadway; 

(6) access to the locked gate will be 

limited to individuals who have 

received and successfully completed 

training consisting of applicable task 

training, and a supervised tour of the 

impoundment roadway. A training form 

will be completed for each employee 

that receives the training and will detail 

the topics covered in the training. 

Personnel deemed essential by the 

petitioner to operate equipment in the 

area who has not received the training 

will be accompanied by a person who 

has received the specified training. 

Training will be valid for four years 

from the date of completion; (7) records 

of the training will be maintained for 

four years and made available to MSHA 

upon request; and (8) to enable U.S. 

Silver to not berm the inside of the 

impoundment roadway not only 

prevents a diminution of safety for 

miners, it provides an alternative 

method of achieving the results of the 

standard which at all times guarantees 

no less than the same measure of 

protection to all miners at the Galena 

Mine afforded by the standard. 

Dated: April 12, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–9195 Filed 4–19–11; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice of Withdrawal. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is to 

withdraw a petition for modification for 

the Speed Mining, Inc., American Eagle 

Mine, MSHA I.D. No. 46–05437. MSHA 

published a notice in the Federal 

Register on January 14, 2011 (76 FR 

2725). 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations and Variances at 202–693– 

9447 (voice), barron.barbara@dol.gov 

(e-mail), or 202–693–9441 (telefax). 

(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 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. However, 

petitioner requested a modification of 

30 CFR 75.1403–5(g), which is a 

safeguard and is within the authority of 

an Authorized Representative of the 

Secretary to prescribe or modify. See 30 

CFR 75.1403–1. Therefore, the Speed 

Mining, Inc., American Eagle Mine, 

MSHA I.D. No. 46–05437, Petition for 

Modification is withdrawn. 

Dated: April 12, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–9194 Filed 4–19–11; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petitions for Modification of 

Application of Existing Mandatory 

Safety Standards 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Notice. 

SUMMARY: Section 101(c) of the Federal 

Mine Safety and Health Act of 1977 and 

30 CFR Part 44 govern the application, 

processing, and disposition of petitions 

for modification. This notice is a 

summary of petitions for modification 

filed by the parties listed below to 

modify the application of existing 

mandatory safety standards published 

in Title 30 of the Code of Federal 

Regulations. 

DATES: All comments on the petitions 

must be received by the Office of 

Standards, Regulations and Variances 

on or before May 20, 2011. 

ADDRESSES: You may submit your 

comments, identified by ‘‘docket 

number’’ on the subject line, by any of 

the following methods: 

1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket 

number of the petition in the subject 

line of the message. 

2. Facsimile: 1–202–693–9441. 

3. Regular Mail: MSHA, Office of 

Standards, Regulations and Variances, 

1100 Wilson Boulevard, Room 2350, 

Arlington, Virginia 22209–3939, 

Attention: Roslyn B. Fontaine, Acting 

Director, Office of Standards, 

Regulations and Variances. 

4. Hand-Delivery or Courier: MSHA, 

Office of Standards, Regulations and 

Variances, 1100 Wilson Boulevard, 

Room 2350, Arlington, Virginia 22209– 

3939, Attention: Roslyn B. Fontaine, 

Acting Director, Office of Standards, 

Regulations and Variances. 

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. 

Individuals who submit comments by 

hand-delivery are required to check in 

at the receptionist desk on the 21st 

floor. 

Individuals may inspect copies of the 

petitions and comments during normal 

business hours at the address listed 

above. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Barron, Office of Standards, 

Regulations and Variances at 202–693– 

9447 (Voice), barron.barbara@dol.gov 

(E-mail), or 202–693–9441 (Telefax). 

[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 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices 22153 

44.10 and 44.11 establish the 

requirements and procedures for filing 

petitions for modification. 

II. Petitions for Modification 

Docket Number: M–2011–004–C, M– 

2011–005–C, and M–2011–006–C. 

Petitioner: Amfire Mining Company, 

LLC, One Energy Place, Latrobe, 

Pennsylvania 15650. 

Mine: Barrett Mine, MSHA I.D. No. 

36–09342, Gillhouser Mine, MSHA I.D. 

No. 36–09033, Nolo Mine, MSHA I.D. 

No. 36–08850. 

Regulation Affected: 30 CFR 75.503 

(Permissible electric face equipment; 

maintenance) and 30 CFR 18.35(a)(5)(i) 

(Portable trailing cables and cords). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of extended 

trailing cables on Mobile Bridge 

Conveyors, Dual Boom Roof Bolters, 

Continuous Miners, and Shuttle Cars. 

The petitioner states that these petitions 

will apply to: (1) Trailing cables that 

supply 995-Volt 3 Phase AC current to 

Continuous Miners and Mobile Bridge 

Conveyors; and (2) trailing cables which 

supply 480-volt 3 phase AC current to 

Roof Bolters and Shuttle Cars. The 

cables will have a 90 degree insulation 

rating. Additionally, the petitioner 

states that: (1) The extended length of 

trailing cables used on Shuttle Cars and 

Roof Bolters will be 3 conductor round 

cable, type G–GC, type G or type G & 

GC. When a type G–GC or type G & GC 

round cable is used with wireless 

ground wire monitoring, the ground 

check conductor will be connected as a 

ground conductor; (2) the maximum 

cable length of the Miner, Mobile Bridge 

Conveyor, Roof Bolters and Shuttle Cars 

will not exceed 1000 feet. The trailing 

cable for the Miner will not be smaller 

than #2/0 American Wire Gauge (AWG). 

The trailing cable for the Roof Bolter 

and Shuttle Car will not be smaller than 

a #4 AWG, and the trailing cable for the 

haulage unit will not be smaller than a 

#2 AWG; (3) all circuit breakers used to 

protect the #4 AWG trailing cables 

exceeding 600 feet in length will have 

instantaneous trip units calibrated to 

trip at 500 amperes (AMPS). The trip 

settings of these breakers will either be 

sealed or the breaker trip units will not 

be larger than 500 AMPS. The circuit 

breakers will have permanent legible 

labels attached. The label will identify 

the circuit breakers as being suitable for 

protecting #4 AWG cables; (4) 

replacement breakers and/or 

instantaneous trip units used to protect 

#4 AWG cables will be calibrated to trip 

at 500 AMPS and this setting will be 

sealed or trip units will not be larger 

than 500 AMPS; (5) all circuit breakers 

used to protect #2 AWG cables 

exceeding 700 feet in length will have 

instantaneous trip units calibrated to 

trip at 800 AMPS. The trip settings of 

these circuit breakers will be sealed and 

will have permanent legible labels. The 

label will identify the circuit breakers as 

being suitable for protecting #2 AWG 

cables; (6) replacement circuit breakers 

and/or instantaneous trip units used to 

protect #2 AWG trailing cables will be 

calibrated to trip at 800 AMPS and this 

setting will be sealed; (7) all circuit 

breakers used to protect #2/0 AWG 

trailing cables exceeding 850 feet in 

length will have instantaneous trip units 

calibrated to trip at 1500 AMPS. The 

trip setting of these circuit breakers will 

be sealed, or the maximum available 

setting on the trip units will not be 

greater than 1500 AMPS. These circuit 

breakers will have permanent legible 

labels. The label will identify the circuit 

breaker as being suitable for protecting 

#2/0 AWG cables; (8) replacement 

breakers and/or instantaneous trip units 

used to protect #2/0 AWG trailing cables 

will be calibrated to trip at 1500 AMPS 

and this setting will be sealed or 

maximum size of the trip unit will be 

1500 AMPS; (9) all components that 

provide short circuit protection will 

have a sufficient interruption rating in 

accordance with maximum calculated 

fault currents available; (10) during each 

production day, persons designated by 

the operator will visually examine the 

trailing cables to ensure the cables are 

in safe operating condition and that the 

instantaneous settings of the specially 

calibrated breakers do not have seals 

removed or tampered with and they do 

not exceed 500, 800 or 1500 AMPS 

respectively; (11) any trailing cable that 

is not in a safe operating condition will 

be removed from service immediately 

and repaired or replaced; (12) each 

splice or repair in the trailing cables to 

the Miner, Mobile Bridge Conveyor, 

Roof Bolter or shuttle car will be made 

in a workmanlike manner and in 

accordance with the instructions of the 

manufacturer of the splice or repair 

materials. The splice or repair will 

comply with 30 CFR 75.603 and 75.604 

requirements; (13) permanent warning 

labels will be installed and maintained 

on the cover or covers of the power 

center identifying the location of each 

sealed short circuit protective drive. The 

labels will warn miners not to change or 

alter these sealed short circuit settings; 

(14) in the event the mining methods or 

operating procedures cause or 

contribute to the damage of any trailing 

cable, the cable will be removed from 

service immediately and repaired or 

replaced. Additional precautions will be 

taken to ensure that haulage roads and 

trailing cable storage areas are situated 

to minimize contact of the trailing cable 

with the Continuous Miner, Mobile 

Bridge Conveyor, Shuttle Cars and Roof 

Bolters. Trailing cables, anchors or cable 

real equipment will be of permanent 

type that minimizes the tensile forces on 

the trailing cables; (15) where the 

method of mining would require that 

trailing cables cross roadways or 

haulage ways, the cables will be 

securely supported from the mine roof 

or a substantial bridge for equipment to 

pass over the cables will be provided 

and used; (16) excess cable will be 

stored behind the anchor or anchors on 

equipment that uses cable reels to 

prevent the cables from overheating; 

(17) this change will not be 

implemented until this petition for 

modification is approved and all miners 

who will be responsible for examining 

the cables and associated electrical 

components have been trained on the 

contents and precautions included in 

the petition; and (18) proposed revisions 

for the approved Part 48 training plan 

will be submitted to the District 

Manager for the areas for which the 

mines are located. The training will 

include: (a) The hazards of setting the 

short circuit interrupting device or 

devices too high to adequately protect 

the trailing cables; (b) how to verify that 

the circuit interrupting devices 

protecting the trailing cables are 

properly set and maintained; (c) mining 

methods and operating procedures that 

will protect the trailing cables from 

damage; (d) how to protect the trailing 

cables against damage caused by 

overheating cables due to excessive 

cable stored on reels and adjusting 

stored cable behind cable anchors as 

tramming distances change; and (e) 

proper procedures for examining the 

trailing cable to ensure the cables are in 

safe operating condition by a visual 

inspection of the entire cable, observing 

the insulation, the integrity of splices, 

nicks and abrasions. The petitioner 

further states that if regulations are 

subsequently promulgated that 

supersede the requirements of 30 CFR 

75.503 (18.35(a)(5)(i), the standard, 

unless it is determined by the Secretary 

or his representative after opportunity 

for input from the operator that the 

alternative method contained in the 

petition will at all times guarantee no 

less than the same measure of protection 

afforded the subsequent promulgated 

standard. The petitioner asserts that the 

proposed alternative method will 

provide for a level of safety equal to or 

greater than the statute in place. 


srobinson on DSKHWCL6B1PROD with NOTICES
22154 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Notices 

Dated: April 12, 2011. 

Patricia W. Silvey, 

Certifying Officer. 

[FR Doc. 2011–9193 Filed 4–19–11; 8:45 am] 

BILLING CODE 4510–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2011–0062] 

Powered Industrial Trucks Standard; 

Extension of the Office of Management 

and Budget’s (OMB) Approval of 

Information Collection (Paperwork) 

Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comments. 

SUMMARY: OSHA solicits public 

comments concerning its proposal to 

extend OMB approval of the 

information collection requirements 

contained in the Powered Industrial 

Trucks Standard (29 CFR 1910.178). The 

information collection requirements 

address truck design, construction, and 

modification, as well as certification of 

training and evaluation for truck 

operators. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by June 

20, 2011. 

ADDRESSES: Electronically: You may 

submit comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Facsimile: If your comments, 

including attachments, are not longer 

than 10 pages, you may fax them to the 

OSHA Docket Office at (202) 693–1648. 

Mail, hand delivery, express mail, 

messenger, or courier service: When 

using this method, you must submit a 

copy of your comments and attachments 

to the OSHA Docket Office, Docket No. 

OSHA–2011–0062, U.S. Department of 

Labor, Occupational Safety and Health 

Administration, Room N–2625, 200 

Constitution Avenue, NW., Washington, 

DC 20210. Deliveries (hand, express 

mail, messenger, and courier service) 

are accepted during the Department of 

Labor’s and Docket Office’s normal 

business hours, 8:15 a.m. to 4:45 p.m., 

e.t. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number (OSHA–2011–0062) for 

the Information Collection Request 

(ICR). All comments, including any 

personal information you provide, are 

placed in the public docket without 

change, and may be made available 

online at http://www.regulations.gov. 

For further information on submitting 

comments see the ‘‘Public Participation’’ 

heading in the section of this notice 

titled SUPPLEMENTARY INFORMATION. 

Docket: To read or download comments 

or other material in the docket, go to 

http://www.regulations.gov or the OSHA 

Docket Office at the address above. All 

documents in the docket (including this 

Federal Register notice) are listed in the 

http://www.regulations.gov index; 

however, some information (e.g., 

copyrighted material) is not publicly 

available to read or download through 

the website. All submissions, including 

copyrighted material, are available for 

inspection and copying at the OSHA 

Docket Office. You may also contact 

Theda Kenney at the address below to 

obtain a copy of the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Todd Owen, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, Room 

N–3609, 200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–2222. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of Labor, as part of its 

continuing effort to reduce paperwork 

and respondent (i.e., employer) burden, 

conducts a preclearance consultation 

program to provide the public with an 

opportunity to comment on proposed 

and continuing information collection 

requirements in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3506(c)(2)(A)). This program 

ensures that information is in the 

desired format, reporting burden (time 

and costs) is minimal, collection 

instruments are clearly understood, and 

OSHA’s estimate of the information 

collection burden is accurate. The 

Occupational Safety and Health Act of 

1970 (the OSH Act) (29 U.S.C. 651 et 

seq.) authorizes information collection 

by employers as necessary or 

appropriate for enforcement of the Act 

or for developing information regarding 

the causes and prevention of 

occupational injuries, illnesses, and 

accidents (29 U.S.C. 657). The OSH Act 

also requires that OSHA obtain such 

information with minimum burden 

upon employers, especially those 

operating small businesses, and to 

reduce to the maximum extent feasible 

unnecessary duplication of efforts in 

obtaining information (29 U.S.C. 657). 

Paragraph (a)(4) of the Standard 

requires that employers obtain the 

manufacturer’s written approval before 

modifying a truck in a manner that 

affects its capacity and safe operation; if 

the manufacturer grants such approval, 

the employer must revise capacity, 

operation, and maintenance instruction 

plates, tags, and decals accordingly. For 

front-end attachments not installed by 

the manufacturer, paragraph (a)(5) 

mandates that employers provide a 

marker on the trucks that identifies the 

attachment, as well as the weight of 

both the truck and the attachment when 

the attachment is at maximum elevation 

with a laterally centered load. Paragraph 

(a)(6) specifies that employers must 

ensure that the markers required by 

paragraphs (a)(3) through (a)(5) remain 

affixed to trucks and are legible. 

Paragraphs (l)(1) through (l)(6) of the 

Standard contain the paperwork 

requirements necessary to certify the 

training provided to powered industrial 

truck operators. Accordingly, these 

paragraphs specify the following 

requirements for employers: 

• Paragraph (l)(1)—Ensure that 

trainees successfully complete the 

training and evaluation requirements of 

paragraph (l) prior to operating a truck 

without direct supervision. 

• Paragraph (l)(2)—Allow trainees to 

operate a truck only under the direct 

supervision of an individual with the 

knowledge, training, and experience to 

train operators and to evaluate their 

performance, and under conditions that 

do not endanger other employees. The 

training program must consist of formal 

instruction, practical training, and 

evaluation of the trainee’s performance 

in the workplace. 

• Paragraph (l)(3)—Provide the 

trainees with initial training on each of 

22 specified topics, except on topics 

that the employer demonstrates do not 

apply to the safe operation of the 

truck(s) in the employer’s workplace. 

• Paragraphs (l)(4)(i) and (l)(4)(ii)— 

Administer refresher training and 

evaluation on relevant topics to 

operators found by observation or 

formal evaluation to have operated a 

truck unsafely, been involved in an 

accident or near-miss incident, or been 

assigned to operate another type of 

truck, or if the employer identifies a 

workplace condition that could affect 

safe truck operation. 

• Paragraph (l)(4)(iii)—Evaluate each 

operator’s performance at least once 

every three years. 

• Paragraph (l)(5)—Train rehires only 

in specific topics that they performed 

unsuccessfully during an evaluation and 

that are appropriate to the employer’s 

truck(s) and workplace conditions. 

• Paragraph (l)(6)—Certify that each 

operator meets the training and 


srobinson on DSKHWCL6B1PROD with NOTICES