### 53086 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules

DATE 8 MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL RULE]. These machines must meet the requirements in this section when placed in service with a proximity detection system.

(2) Coal hauling machines or scoops manufactured and equipped with a proximity detection system on or before [INSERT EFFECTIVE DATE OF THE FINAL RULE] must:

(i) Meet the requirements in this section no later than [INSERT DATE 8
MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL RULE] if modifications to the existing proximity detection system can be made underground; or

(ii) Meet the requirement in this section no later than [INSERT DATE 36
MONTHS AFTER THE EFFECTIVE DATE OF THE FINAL RULE] if the existing proximity detection system cannot be modified underground or needs to be replaced with a new proximity detection system.

(3) Coal hauling machines and scoops manufactured and not equipped with a proximity detection system on or before [INSERT EFFECTIVE DATE OF THE FINAL RULE] must meet the requirements in this section no later than [INSERT DATE 36 MONTHS
AFTER THE EFFECTIVE DATE OF THE FINAL RULE]. These machines must meet the requirements in this section when placed in service with a proximity detection system.

(b) Requirements for proximity detection systems. If a proximitydetection system includes minerwearable components, both the machine-mounted components and miner-wearable components constitute the proximity detection system. The system must:

(1) Cause a machine to stop before contacting a miner except for a miner who is in the on-board operator’s compartment;

(2) Provide warning signals, distinguishable from other signals, that alert miners before the system causes a machine to stop: An audible and visual warning signal on any miner-wearable component and a visual warning signal on the machine;

(3) Provide a visual signal on themachine that indicates the machinemounted components are functioning properly;

(4) Prevent movement of the machine if any machine-mounted component of the system is not functioning properly.However, a system with any machinemounted component that is not functioning properly may allow machine movement if an audible or visual warning signal, distinguishable from other signals, is provided during movement. Such movement is permitted only for purposes of relocating the machine from an unsafe location for repair;

(5) Be installed to prevent interference that adversely affects performance of any electrical system; and

(6) Be installed and maintained in proper operating condition by a person trained in the installation and maintenance of the system.

(c) Proximity detection system checks. Operators must:

(1) Designate a person who must perform a check of machine-mounted components of the proximity detection system to verify that components are intact and the system is functioning properly, and to take action to correct defects:

(i) At the beginning of each shift when the machine is to be used; or

(ii) Immediately prior to the time the machine is to be operated if not in use at the beginning of a shift; or

(iii) Within 1 hour of a shift change if the shift change occurs without an interruption in production.

(2) Check for proper operation of each miner-wearable component at the beginning of each shift that the component is to be used. Defects must be corrected before the component is used.

(d) Certifications and records. The operator must make and retain certifications and records as follows:

(1) At the completion of the check of machine-mounted components required under paragraph (c)(1) of this section, a certified person under § 75.100 must certify by initials, date, and time that the check was conducted. Defects found as a result of the check in paragraph (c)(1), including corrective actions and dates of corrective actions, must be recorded before the end of the shift;

(2) Make a record of the defects foundas a result of the check of minerwearable components under paragraph (c)(2) of this section, including corrective actions and dates of corrective actions;

(3) Make a record of the persons trained in the installation and maintenance of proximity detection systems required under paragraph (b)(6) of this section;

(4) Maintain records in a secure book or electronically in a secure computer system not susceptible to alteration; and

(5) Retain records for at least one year and make them available for inspection by authorized representatives of the Secretary and representatives of miners.

[FR Doc. 2015–21573 Filed 9–1–15; 8:45 am]

**BILLING CODE 4510–43–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R09–OAR–2014–0256; FRL–9927–13– Region 9]** 

**Approval and Promulgation of Implementation Plans; Arizona;**  **Phased Discontinuation of Stage II Vapor Recovery Program** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision from the Arizona Department of Environmental Quality related to the removal of ‘‘Stage II’’ vapor recovery equipment at gasoline dispensing facilities in the Phoenix-Mesa area. Specifically, the EPA is proposing to approve a SIP revision that eliminates the requirement to install and operate such equipment at new gasoline dispensing facilities, and that provides for the phased removal of such equipment at existing gasoline dispensing facilities from October 2016 through September 2018. The EPA has previously determined that onboard refueling vapor recovery is in widespread use nationally and waived the stage II vapor recovery requirement. The EPA is proposing to approve thisSIP revision because the resultant shortterm incremental increase in emissions would not interfere with attainment or maintenance of the national ambient air quality standards or any other requirement of the Clean Air Act and because it would avoid longer-term increases in emissions from the continued operation of stage II vapor recovery equipment at gasolinedispensing facilities in the PhoenixMesa area.

**DATES :**  Comments must be received by October 2, 2015.

**ADDRESSES :**  Submit your comments, identified by Docket No. EPA–R09– OAR–2014–0256, by one of the following methods:

1. Federal Rulemaking Portal: http:// www.regulations.gov. Follow the on-line instructions for submitting comments.

2. Email: Jeffrey Buss at buss.jeffrey@

epa.gov.

3. Fax: Jeffrey Buss, Air Planning Office (AIR–2), at fax number 415–947–

3579.

4. Mail: Jeffrey Buss, Air Planning Office (AIR–2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, San Francisco, California

94105.


### 53087 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules

5. Hand or Courier Delivery: Jeffrey Buss, Air Planning Section (AIR–2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, San Francisco, California 94105. Such deliveries are only accepted during the Regional Office’s normal hours of operation. Special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–R09–OAR–2014– 0256. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through www.regulations.gov or email that you consider to be CBI or otherwise protected from disclosure. The www.regulations.gov Web site is an anonymous access system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or
viruses.

Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Planning Office (AIR–2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105. The EPA requests that if at all possible, you contact the person listed in the **FOR FURTHER INFORMATION CONTACT**  section to schedule your inspection during normal business hours.

**FOR FURTHER INFORMATION CONTACT :**  Jeffrey Buss, Office of Air Planning, U.S. Environmental Protection Agency, Region 9, (415) 947–4152, email: buss.jeffrey@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the ‘‘Rules and Regulations’’ section of this Federal Register, the EPA is approving the State of Arizona’s Stage II vapor recovery SIP revision in a direct final action without prior proposal because we believe this SIP revision is not controversial. A detailed rationale for the approval is set forth in the direct final rule. If we receive adverse comments, however, we will publish a timely withdrawal of the direct final rule and address the comments in a subsequent final rule based on this proposed rule. Please note that if the EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, the EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, see please see the direct final action.

Dated: March 30, 2015. Jared Blumenfeld, Regional Administrator, Region IX.

Editorial Note: This document was received for publication by the Office of the Federal Register on August 27, 2015.

[FR Doc. 2015–21684 Filed 9–1–15; 8:45 am]

**BILLING CODE 6560–50–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**Centers for Medicare & Medicaid Services** 

**42 CFR Part 413**

**[CMS–1628–CN]**

**RIN 0938–AS48**

**Medicare Program; End-Stage Renal Disease Prospective Payment System;**  **Correction**

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), HHS.

**ACTION :**  Correction.

**SUMMARY :**  This document corrects a technical error that appeared in the proposed rule published in the Federal Register on July 1, 2015, entitled ‘‘Medicare Program; End-Stage Renal Disease Prospective Payment System, and Quality Incentive Program.’’

**DATES :**  This correction is effective on September 2, 2015.

**FOR FURTHER INFORMATION CONTACT :**  Michelle Cruse, (410) 786–7540.

**SUPPLEMENTARY INFORMATION :**  I. Background

In FR Doc. 2015–16074 of July 1, 2015 (80 FR 37808) there was a technical error that is discussed in the ‘‘Summary of Errors,’’ and further identified and corrected in the ‘‘Correction of Errors’’ section below. The provisions in this correction document are effective as if they had been included in the document published on July 1, 2015. Accordingly, the corrections are effective September
2, 2015.
II. Summary of Errors

On page 37814 of the preamble, we discovered an error in the reference to the cost report column from which we derived the data for one of the dependent variables used in developing the two-equation regression methodology that we performed to analyze and propose revisions to the End-Stage Renal Disease (ESRD) Prospective Payment System (PPS) payment adjusters for Calendar Year (CY) 2016 ESRD PPS proposed rule. Specifically, we measured resource use of the maintenance dialysis services included in the current bundle of composite rate services using only ESRD facility data obtained from the Medicare cost reports for independent ESRD facilities and hospital-based ESRD facilities. We indicated in the proposed rule that for independent ESRD facilities, the average composite rate cost per treatment for each ESRD facility was calculated by dividing the total reported allowable costs for composite rate services for cost reporting periods ending in CYs 2012 and 2013 (Worksheet B, column 13A, lines 8–17 on CMS–265–11; Worksheet I–2, column 11, lines 2–11 on CMS–2552– 10) by the total number of dialysis treatments (Worksheet C, column 1, lines 8–17 on CMS 265–11). In the CY 2016 ESRD PPS proposed rule, we incorrectly referred to column 13A when we intended to refer to column 11A in Worksheet B. Therefore, we are publishing this correction notice to include the appropriate location for the average composite rate cost per

treatment.