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 proximity 

detection 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 the 

machine 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 found 

as 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 this 

SIP 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 gasoline 

dispensing 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. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules 53087 

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. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS