Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Notices 3027 

‘‘Libya III program’’), involving claims 

of United States nationals against the 

Government of Libya that were settled 

under the ‘‘Claims Settlement 

Agreement Between the United States of 

America and the Great Socialist People’s 

Libyan Arab Jamahiriya,’’ dated August 

14, 2008. 

Brian M. Simkin, 

Chief Counsel. 

[FR Doc. 2018–01047 Filed 1–19–18; 8:45 am] 

BILLING CODE 4410–01–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, Labor. 

ACTION: Notice. 

SUMMARY: This notice is a summary of 

petitions for modification submitted to 

the Mine Safety and Health 

Administration (MSHA) by the parties 

listed below. 

DATES: All comments on the petitions 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before February 21, 2018. 

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: 202–693–9441. 

3. Regular Mail or Hand Delivery: 

MSHA, Office of Standards, 

Regulations, and Variances, 201 12th 

Street South, Suite 4E401, Arlington, 

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), barron.barbara@dol.gov 

(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. Petitions for Modification 

Docket Number: M–2017–030–C. 

Petitioner: Bronco Utah Operations, 

LLC, P.O. Box 527, Emery, Utah 84522. 

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

42–00079, located in Emery County, 

Utah. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the alternative 

method of compliance to allow the use 

of nonpermissible low-voltage or 

battery-powered electronic testing or 

diagnostic equipment in or inby the last 

open crosscut. 

The petitioner states that: 

(1) The use of nonpermissible lowvoltage or battery-powered electronic 

testing and diagnostic equipment will 

be limited to laptop computers; 

oscilloscopes; vibration analysis 

machines; cable fault detectors; point 

temperature probes; infrared 

temperature devices; voltage, current, 

and power measurement recorders; 

pressure and flow measurement devices; 

signal analyzer devices; ultrasonic 

thickness gauges; electronic 

tachometers; and nonpermissible 

surveying equipment. Other testing and 

diagnostic equipment may be used if 

approved in advance by the MSHA 

District Office. 

(2) Nonpermissible electronic testing 

and diagnostic equipment will be used 

only when equivalent permissible 

equipment does not exist. 

(3) All other test and diagnostic 

equipment used in or inby the last open 

crosscut will be permissible. 

(4) All nonpermissible electronic 

testing and diagnostic equipment used 

in or inby the last open crosscut will be 

examined by a qualified person, as 

defined in 30 CFR 75.153, prior to being 

used to ensure the equipment is being 

maintained in safe operating condition. 

These examinations results will be 

recorded in the weekly examination of 

electrical equipment book and will be 

made available to MSHA and the miners 

at the mine. 

(5) A qualified person, as defined in 

30 CFR 75.151, will continuously 

monitor for methane immediately before 

and during the use of nonpermissible 

electronic testing and diagnostic 

equipment in or inby the last open 

crosscut. The results of such 

examination(s) will be recorded as a 

special examination in the on-shift 

examination record books immediately 

after the shift on which the 

examination(s) were performed. 

(6) Nonpermissible electronic testing 

and diagnostic equipment will not be 

used if methane is detected in 

concentrations at or above 1.0 percent. 

When a 1.0 percent or more methane 

concentration is detected while the 

nonpermissible electronic equipment is 

being used, the equipment will be 

deenergized immediately and 

withdrawn to outby the last open 

crosscut. 

(7) All hand-held methane detectors 

will be MSHA-approved and 

maintained in permissible and proper 

operating condition as defined in 30 

CFR 75.320. 

(8) Except for the time necessary to 

troubleshoot under actual mining 

conditions, coal production in the miner 

section will cease. However, coal may 

remain in or on the equipment in order 

to test and diagnose the equipment 

under ‘‘load.’’ 

(9) Nonpermissible electronic testing 

and diagnostic equipment will not be 

used to test equipment when float coal 

dust is in suspension. 

(10) All electronic testing and 

diagnostic equipment will be used in 

accordance with the manufacturer’s 

recommended safe use practices. 

(11) Qualified personnel engaged in 

the use of electronic testing and 

diagnostic equipment will be properly 

trained to recognize the hazards and 

limitations associated with use of the 

electronic testing and diagnostic 

equipment. 

(12) The petitioner will notify MSHA 

before using nonpermissible electronic 


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testing and diagnostic equipment in or 

inby the last open crosscut. The notice 

will advise MSHA when any 

nonpermissible electronic testing and 

diagnostic equipment is put in service 

and will give MSHA the opportunity to 

inspect such equipment before being 

used. 

(13) Within 60 days after the proposed 

decision and order (PDO) becomes final, 

the petitioner will submit proposed 

revisions for its approved 30 CFR part 

48 training plan to the District Manager. 

These revisions will specify initial and 

refresher training regarding the terms 

and conditions of the PDO. 

The petitioner asserts that application 

of the existing standard will result in a 

diminution of safety to the miners and 

that the proposed alternative method 

will at all times guarantee no less than 

the same measure of protection afforded 

by the existing standard. 

Docket Number: M–2017–031–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 49.2(b) 

(Availability of mine rescue teams). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the reduction of two 

mine rescue teams with five members 

and one alternate each to two mine 

rescue teams of three members each 

with one alternative for either team. 

The petitioner states that: 

(1) The underground mine is a small 

mine and there is hardly enough 

physical room to accommodate more 

than three or four miners in the working 

places. An attempt to utilize five or 

more rescue team members in the 

mine’s confined working places would 

result in a diminution of safety to both 

the miners at the mine and members of 

the rescue team. 

(2) Records of Mine Emergency 

responses over the last 20 years indicate 

that rescue and recovery operations 

conducted by Anthracite Underground 

Rescue, Inc. (AUGR) have never utilized 

more than one team. In addition, when 

one rescue team was utilized there were 

no more than three rescue team 

members traveling to a working place 

simultaneously. 

(3) Employment in underground 

anthracite mines has decreased 

substantially and the ratio of mine 

rescue teams to underground miners has 

correspondingly been reduced. The loss 

of the underground work force 

dramatically reduces the pool of 

qualified people available to fill mine 

rescue positions. 

(4) Pennsylvania Deep Mine Safety 

presently has four deep mine inspectors 

that have deep mine rescue training and 

are pledged to assist if required in an 

emergency. In addition, the surrounding 

small mines have always provided 

assistance during mine emergencies. 

The petitioner asserts that the 

proposed alternative method will 

provide the same measure of protection 

afforded the miners under the existing 

standard. 

Docket Number: M–2017–032–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 49.6(a)(1) 

and (a)(5) (Equipment maintenance 

requirements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the reduction of 

twelve self-contained oxygen breathing 

apparatus, to eight self-contained 

apparatus and the reduction of twelve 

permissible cap lamps and charging 

rack to eight permissible cap lamps and 

charging rack. 

The petitioner states that: 

(1) A petition for modification of 30 

CFR 49.2(b) allowing the reduction of 

two rescue teams with five members 

and one alternate each to two rescue 

teams of three members each with one 

alternate has been granted to all 

operating anthracite coal mines. 

(2) Eight self-contained breathing 

apparatus and eight permissible cap 

lamps are sufficient to supply the seven 

members of the rescue team. 

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. 

Docket Number: M–2017–033–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 

75.311(b)(2) and (b)(3) (Main mine fan 

operation). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the electrical circuits 

entering the underground mine to 

remain energized to the mine’s pumps, 

while the main fan has been shut down 

during idle shifts when no miners are 

working underground. 

The petitioner states that: 

(1) The mine requires pumping water 

from the sump area of the intake 

haulage slope below the active gangway 

level workings intermittently and for 

different periods of time on a daily 

basis. During the wet season from late 

winter to early summer, the pumps are 

often required to operate for extended 

periods of time to keep the mine from 

flooding. 

(2) Most anthracite mines work only 

one shift per day, 5–6 days per week 

during the colder months when coal 

sales are greatest, and may only work 

2–3 days per week during the warmer 

months because of lower coal sales. 

(3) The vast majority of underground 

anthracite mines are small, employ 5 or 

less miners underground, have very low 

daily coal production of less than 25 

tons, and have never encountered a 

measurable quantity of methane during 

the life of the mine. 

(4) Methane liberation in the few 

underground mines with a history of 

liberation occurs only when coal is shot 

from the solid and is dissipated by face 

ventilation shortly thereafter. 

(5) Underground anthracite miners are 

significantly affected by natural 

ventilation that continues after the mine 

fan has been intentionally stopped 

during idle periods. 

(6) Accumulations of methane, in 

those underground mines with a history 

of liberation, are historically found in 

chutes and breasts (entries driven up the 

pitch) and are not yet connected to the 

adjacent return entry. These entries are 

not affected by the natural ventilation 

air currents. 

(7) The primary method of face 

ventilation utilized in underground 

anthracite mines is compressed air 

movers with approved tubing in the 

working place. They are shut off prior 

to the miners exiting the mine at the end 

of the shift and prior to the stoppage of 

the main fan for the idle shifts. 

Therefore, potential accumulation of 

methane in the working face is unlikely 

to be affected by natural ventilation 

currents. 

(8) The mine’s pumping system 

typically consists of a submersible 

pump located below the water level in 

the sump and a centrifugal pump 

located in the intake haulage slope 

above the active gangway level. The 

pumps are started and shut off by a set 

of switches or electrodes located in the 

sump. The switch/electrode located at 

the highest elevation in the sump will 

start the pumps when the water depth 

increases to a pre-determined level to 

protect the active gangway level from 

flooding. The pumps will continue to 

operate until the water level depth 

decreases to the elevation of the lower 

switch/electrode. 


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(9) Compliance with 30 CFR 75.311 

through the continuous operation of the 

main mine fan when pumps are 

energized would result in a diminution 

of safety to the miners. During the 

colder months, the wet conditions 

present in the intake haulage slope will 

result in freezing and accumulations of 

ice creating a hazard to the miners 

riding the slope conveyance and to 

those miners who must manually chip 

away the ice in the pitching slope 

thereby increasing a fall hazard. The 

amount of ice accumulations during a 

single shift of production is usually 

minimal and can be melted during the 

idle shifts, with the main fan off, as the 

natural ventilating air current is warmed 

by the higher underground temperatures 

and carried through slope. 

(10) The mine operator proposes to 

initiate the following alternatives to 

ensure the safety of the miners: 

(a) The examiner will determine 

whether the pumps are operating and if 

the natural ventilation air current is 

moving in the proper direction prior to 

energizing the main mine fan and before 

starting the required pre-shift 

examination. 

(b) In the cases where the pumps are 

not operating when the examiner 

arrives, the examiner will deenergize 

the pump circuits before starting the 

main mine fan and will allow the fan to 

operate for 30 minutes prior to entering 

the mine to conduct the pre-shift 

examination. 

(c) During the pre-shift examination, 

when no accumulation of methane is 

found in the vicinity of the pumps, the 

pump circuits may be energized before 

the miners travel underground. 

(d) In those cases where the pumps 

are found to be already in operation 

because of high water levels and when 

the natural ventilating currents are 

moving in the proper direction, the 

main mine fan will be started and run 

for 30 minutes before entering the mine 

to conduct a pre-shift examination. 

Examination of the mine pump 

installation will be completed prior to 

entering the active gangway level 

working and before continuing the preshift examination. 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2017–034–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.335 

(Seal strengths, design applications, and 

installation). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit alternative methods 

of construction employing wooden 

material of moderate size and weight 

due to the difficulty in accessing 

previously driven headings and breasts 

containing the inaccessible abandoned 

workings through the use of homemade 

ladders. Additionally, a design criterion 

in the 10-psi range should be accepted 

due to the non-explosibility of 

anthracite coal dust and minimal 

potential for either an accumulation of 

methane in previously mined pitching 

veins or an ignition source in the gob 

area, and that seals installed in pairs 

permit the water trap to be installed 

only in the gangway seal (lowest 

elevation) and sampling tube in the 

monkey (higher elevation) seal. 

The petitioner states that: 

(1) The required transportation of 

solid concrete blocks or equivalent 

materials manually on ladders on 

pitching anthracite veins will expose 

miners to greater hazards such as 

falling, being struck by falling materials, 

or resulting strains or sprains due to the 

weight of the materials. 

(2) No evidence of ignition in 

accessible abandoned anthracite 

workings has been found to date. 

(3) In veins pitching greater than 45 

degrees, the weight of the seal is 

transferred to the low side rib (coal). 

(4) Irregularly shaped anthracite 

openings would require substantial 

cutting of rectangular blocks to ensure 

proper tie-in to hitches in the top rock, 

bottom rock, and low side coal rib. 

(5) Concrete block and mortar 

construction for openings parallel to the 

pitching vein would be almost 

impossible to construct and subject to 

failure by its own weight. 

(6) Isolation of inaccessible 

abandoned workings from an active 

section will permit natural venting of 

any potential methane build-up through 

surface breeches, and the mine has not 

experienced measurable liberation of 

methane to-date. 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2017–035–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of 

nonpermissible electric equipment 

within 150 feet of the pillar line to 

include drags and battery locomotives 

due in part to the method of mining 

used in pitching anthracite mines and 

the alternative hourly evaluation of the 

mine air quality for methane during 

operation with one of the gas test results 

to be recorded in the on-shift 

examination record. Petitioner also 

proposes to suspend equipment 

operation anytime methane 

concentration at the equipment reaches 

0.5 percent either during operation or 

when found during a pre-shift 

examination. 

The petitioner states that: 

(1) The equipment will be operated in 

the working section’s only intake entry 

(gangway) which is regularly traveled 

and examined. 

(2) The use of drags on less than 

moderate pitching veins (less than 20 

degrees pitch) is the only practical 

system of mining in use. 

(3) Permissible drags are not 

commercially available and, due in part 

to their small size, permissible 

locomotives are not commercially 

available. 

(4) As result of low daily production 

rates and full timbering support, inrushes of methane due to massive pillar 

falls are unlikely to occur. 

(5) Recovery of the pillars above the 

first miner heading is usually 

accomplished on the advance within 

150 feet of the section intake (gangway) 

and the remaining minable pillars 

recovered from the deepest point of 

penetration outby. 

(6) The 5,000 cfm of required intake 

air flow is measured just outby the 

nonpermissible equipment with the 

ventilating air passing over the 

equipment to ventilate the pillar being 

mined. 

(7) The nonpermissible electrical 

equipment is attended during operation 

and either power to the unit will be 

deenergized at the intersection of the 

working gangway and intake slope or 

the equipment will be moved to that 

area when production ceases, thereby, 

minimizing any ignition potential from 

the pillar recovery area. 

(8) Where more than one active line 

of pillar breast recovery exists, the 

locomotive may travel to a point just 

outby the deepest active chute/breast 

(room) workings or last open crosscut in 

a developing set of entries. 


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The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2017–037–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 

75.1200(d) and (i) (Mine map). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the substitution of 

cross-sections in lieu of contour lines 

through the intake slope, at locations of 

rock tunnel connections between veins, 

and at 1,000 feet intervals of advance 

from the intake slope and to limit the 

required mapping of mine workings 

above and below to those present within 

100 feet of the vein(s) being mined 

unless these veins are interconnected to 

other veins beyond the 100 feet limit, 

through rock tunnels. 

The petitioner states that: 

(1) Due to steep pitch encountered in 

mining anthracite coal veins, contours 

provide no useful information and their 

presence would make portions of the 

map illegible. 

(2) The vast majority of current 

underground anthracite mining involves 

either second mining of remnant pillars 

from previous mining/mine operators or 

the mining of veins of lower quality in 

proximity to inaccessible and frequently 

flooded abandoned mine workings 

which may or may not be mapped. 

(3) All mapping for mines above and 

below will be researched by a contract 

engineer for the presence of 

interconnecting rock tunnels between 

veins in relation to the mine and a 

hazard analysis done when mapping 

indicates the presence of known or 

potentially flooded workings. 

(4) Mine workings found to exist 

beyond 100 feet from the mine, when no 

rock tunnel connections are found, will 

be recognized as presenting no hazard to 

the mine due to the pitch of the vein 

and rock separation between. 

(5) Additionally, the mine workings 

above and below are usually inactive 

and abandoned and therefore, not 

subject to changes during the life of the 

mine. 

(6) Where evidence indicates prior 

mining was conducted on a vein above 

or below and research exhausts the 

availability of mine mapping, the vein 

will be considered to be mined and 

flooded and appropriate precautions 

taken, as required by 30 CFR 75.388, 

where possible. 

(7) Where potential hazards exist and 

in-mine drilling capabilities limit 

penetration, surface boreholes may be 

used to intercept the workings and 

results analyzed prior to the beginning 

of mining in the affected area. 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2017–038–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 75.1202– 

1(a) (Temporary notations, revisions and 

supplements). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the required interval 

of survey to be on an annual basis from 

the initial survey in lieu of the current 

interval of not more than 6 months. 

The petitioner proposes to continue to 

update the mine map by hand notations 

on a daily basis and conduct subsequent 

surveys prior to commencing retreat 

mining, and when either a drilling 

program is required by 30 CFR 75.388 

or a plan for mining into inaccessible 

areas is required by 30 CFR 75.389. 

The petitioner states that: 

(1) The low production and slow rate 

of advance in anthracite mining make 

surveying on 6-month intervals 

impractical. The mine operates using 

non-mechanized, hand-loading mining 

methods. In most cases, annual 

development is frequently limited to 

less than 500 feet of gangway advance 

with associated up-pitch development. 

(2) Development above the active 

gangway is designed to mine into the 

level above at designated intervals 

thereby maintaining sufficient control 

between both surveyed gangways. 

(3) The available engineering/ 

surveyor resources are limited in the 

anthracite coal fields. Surveying on an 

annual basis is difficult to achieve with 

four individual contractors currently 

available. 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2017–039–C. 

Petitioner: M & D Anthracite Coal 

Company, 2030 East Center Street, 

Tremont, Pennsylvania 17981. 

Mine: Slope #1 Mine, MSHA I.D. No. 

36–09976, located in Schuylkill County, 

Pennsylvania. 

Regulation Affected: 30 CFR 

75.1400(c) (Hoisting equipment; 

general). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the gunboat to 

transport persons without safety catches 

or other no less effective devices 

because to date, no such safety catch or 

device is available for steeply pitching 

and undulating slopes with numerous 

curves and knuckles present in the main 

haulage slopes of Anthracite mines, that 

range in length from 30 to 4200 feet and 

vary in pitch from 12 degrees and 75 

degrees. 

The petitioner states that: 

(1) A functional safety catch has not 

been developed. Makeshift devices, if 

installed, could be activated on 

knuckles and curves when no 

emergency exists causing a tumbling 

effect on the conveyance which would 

increase rather than decrease the hazard 

to miners. 

(2) As an alternative, the petitioner 

proposes to operate the man cage or 

steel gunboat with secondary safety 

connections securely fastened around 

the gunboat and to the hoisting rope 

above the main connecting device and 

use hoisting ropes having a factor of 

safety in excess of the 4 to 8 to 1 as 

suggested in the American Standards 

Specifications for Use of Wire Ropes for 

Mines. 

The petitioner asserts that the 

proposed alternative method will 

provide no less than the same measure 

of protection afforded the miners under 

the existing standard. 

Docket Number: M–2017–040–C. 

Petitioner: Mountain Coal Company, 

LLC, 5174 Hwy. 133, Somerset, CO 

81434. 

Mine: West Elk Mine, MSHA I.D. No. 

05–03672, located in Gunnison County, 

Colorado. 

Regulation Affected: 30 CFR 

75.364(b)(2) (Weekly examination). 

Modification Request: The petitioner 

requests a modification of the existing 

standard that requires at least one entry 

of each return air course to be traveled 

and examined in its entirety at least 

every 7 days by a certified person. The 

petitioner proposes to establish multiple 

inlet and outlet evaluation points to 

measure and evaluate at least every 7 

days the air quality, air quantity, and air 

direction of all air entering and leaving 

the Sly Gulch South Mains Return in 

lieu of traveling one of the affected 

entries. The petitioner states that: 

(1) Multiple roof falls and floor heave 

within the proposed evaluation area 

limits the entries that can be traveled by 

the weekly examiner. Some of the 


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traveled entries require the weekly 

examiner to crawl on his hands and 

knees, preventing quick egress if 

necessary. 

(2) All air entering and leaving the 

affected area can be measured and 

evaluated safely from the proposed inlet 

and outlet evaluation points shown on 

the drawing attached to this petition. 

Access to the proposed inlet and outlet 

evaluation points is not hindered by 

roof falls or excessive floor heave, 

allowing quick egress if necessary. 

(3) There are no seals or electrical 

installations within the proposed 

evaluation area that must be examined. 

(4) In lieu of traveling one of the 

return entries in the proposed 

evaluation area, at least every 7 days, a 

certified person will: 

(a) Measure the air quantity at each 

inlet and outlet evaluation point. If the 

combined air quantity at the outlet 

evaluation points differs by more than 

20 percent from the combined air 

quantity at the inlet evaluation points, 

ventilation controls surrounding the 

affected area will be examined from the 

outby side and corrective measures will 

be implemented to repair the affected 

ventilation controls to restore the 

differential air quantities to within 20 

percent. 

(b) Measure the air quality at each 

inlet and outlet evaluation point. Both 

the methane and oxygen concentrations 

will be measured. Methane 

concentrations at the inlet and outlet 

evaluation points will be a minimum of 

19.5 percent. 

(c) Verify the proper air direction as 

indicated on the drawing at each inlet 

and outlet evaluation point. 

(d) Record the air quantity, air quality, 

and a notation of proper air direction at 

each inlet and outlet evaluation point in 

the weekly examination book. 

The petitioner asserts that the 

proposed alternative method will at all 

times guarantee no less than the same 

measure of protection as that afforded 

by the existing standard and that 

traveling one of the affected entries 

results in a diminution of safety. 

Sheila McConnell, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2018–01008 Filed 1–19–18; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2011–0066] 

Vertical Tandem Lifts (VTLs) for Marine 

Terminals; 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 the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Vertical Tandem Lifts 

(VTLs) for Marine Terminals. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

March 23, 2018. 

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–2011–0066, Occupational Safety 

and Health Administration, U.S. 

Department of Labor, Room N–3653, 

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, 10:00 

a.m. to 3:00 p.m., E.T. 

Instructions: All submissions must 

include the Agency name and OSHA 

docket number (OSHA–2011–0066) 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 above 

address. 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: 

Charles McCormick or Theda Kenney, 

Directorate of Standards and Guidance, 

OSHA, U.S. Department of Labor, 

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 accord with the 

Paperwork Reduction Act of 1995 (PRA) 

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

ensures that information is in the 

desired format, reporting burden (time 

and cost) 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 OSH 

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 effort in 

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

The VTL Standard for Marine 

Terminals (29 CFR part 1917) specifies 

the following collection of information 

requirements. The purpose of each of 

these requirements is to provide 

workers with safe work practices when 

conducting VTLs. 

Paragraph (i)(8)(iv) of § 1917.71 

requires employers to ensure that the 

interbox connectors used in VTLs have 

been certified by a competent authority 

authorized under § 1918.11 (for interbox 

connectors that are part of a vessel’s 


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