Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 40081 

specific requirements of any statute, 

Executive Order, or other law governing 

the composition of a particular 

Committee. If a conflict arises, the 

specific statute, Executive Order, or 

other law will govern. 

9. Redelegation of Authority. Except 

as otherwise provided by law, all 

authorities delegated in this Order may 

be redelegated to serve the purposes of 

this Order. 

10. Effective Date. This Order is 

effective immediately. 

Signed in Washington, DC, this 16th day of 

July, 2021. 

Martin J. Walsh, 

Secretary of Labor. 

[FR Doc. 2021–15826 Filed 7–23–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

Petition for Modification of Application 

of an Existing Mandatory Safety 

Standard 

AGENCY: Mine Safety and Health 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: This notice includes the 

summary of a petition for modification 

submitted to the Mine Safety and Health 

Administration (MSHA) by the party 

listed below. 

DATES: All comments on the petition 

must be received by MSHA’s Office of 

Standards, Regulations, and Variances 

on or before August 25, 2021. 

ADDRESSES: You may submit your 

comments including the docket number 

of the petition 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: Jessica 

D. Senk, 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: 

Jessica D. Senk, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), Senk.Jessica@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 (CFR) 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 

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. The application of such standard to 

such mine will result in a diminution of 

safety to the miners in such mine. 

In addition, sections 44.10 and 44.11 

of 30 CFR establish the requirements for 

filing petitions for modification. 

II. Petition for Modification 

Docket Number: M–2021–025–C. 

Petitioner: Wolf Run Mining 

Company, 21550 Barbour County 

Highway, Philippi, West Virginia (Zip 

26416). 

Mine: Leer South Mine, MSHA ID No. 

46–04168, located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 

75.1904(b)(6) (Underground diesel fuel 

tanks and safety cans). 

Modification Request: The petitioner 

requests a modification of the existing 

standard to permit the use of Brookville 

locomotive diesel motor in a dual role 

as a motor/diesel fuel transportation 

unit. The petitioner proposes an 

alternative method of complying with 

the requirement for a shut-off valve in 

the locomotive motor’s fuel return line 

(a connection between the engine and 

fuel tank through which fuel flows 

when the engine is running). 

The petitioner states that the return 

line is unrelated to fuel dispensing, and 

that therefore a shutoff valve on this line 

is not necessary. Using a shutoff valve 

on the return line could cause engine 

damage and an over-fueling condition, 

due to the fuel not being able to return 

to the locomotive’s fuel tank. This overfueling condition would increase 

harmful exhaust emissions such as 

carbon monoxide, and would therefore 

create a health risk to locomotive 

operators and miners in the affected 

area. 

The petitioner proposes the following 

alternative method: 

(a) The Brookville diesel motor has 

been equipped with a fuel tank 

constructed of 1⁄4 inch steel plates that 

is designed to serve as both the motor’s 

fuel tank and fuel dispensing tank. The 

tank is equipped with a pump that can 

only dispense 50 percent of the tank’s 

capacity, in order to ensure that the 

motor’s fuel supply cannot be 

completely depleted. 

(b) During the fueling process, the 

motor’s engine will be shut off, which 

eliminates unnecessary idling. The 8- 

gallons per minute fuel dispensing 

pump will operate utilizing a separate 

battery power source that has been 

added to the motor. 

(c) The fuel dispensing hose is a 50- 

foot hose with a no latch open device 

and a self-closing valve. A power supply 

switch is located at the pump’s nozzle 

storage bracket, and an emergency shutoff switch is located above the fuel tank. 

The emergency switch is protected by a 

cover, so that the switch is in the off 

position anytime the cover is closed. 

(d) The following fueling procedures 

have been developed and posted above 

the fuel tank. 

• Make sure fueling sign is hung. 

• Inspect fire extinguishers prior to 

beginning the fueling process. 

• Ensure fire extinguishers are 

located out-by the fueling point. 

• Verify fuel hose, equipment, etc. are 

in good working condition. 

• Test for methane in the atmosphere. 

• Check for potential ignition sources 

and other hazards in the area. 

• Notify the mine dispatcher before 

starting. 

• Unlock and open the emergency 

switch. 

• Check for any spills after the fueling 

is complete. 

• Shut off the emergency switch and 

close locked cover. 

• Notify the mine dispatcher after 

completion. 

(e) The tank is equipped with a 4 inch 

vent designed to open at a pressure not 

to exceed 2.5 pounds per square inch, 

as required by 75.1904(b). 

(f) Tank openings are marked and the 

tank, fittings and components are 

pressure-tested. 

(g) The pump dispensing line is 

equipped with a manual shut off valve 

that serves as anti-siphoning device as 

required under 75.1905(b)(iii). 

(h) Additional fire suppression and 

detection are installed to ensure that the 


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40082 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices 

system meets all the requirements of 

75.1911(b). 

(i) At no time, the motor will be 

operated unattended, in accordance 

with 75.1916(e). 

(j) Within 60 days after the Proposed 

Decision and Order (PDO) becomes 

final, the petitioner will submit 

proposed revisions for its approved part 

48 training plan to the DM. The 

proposed revisions will include initial 

and refresher training regarding 

compliance with the terms and 

conditions of the PDO. 

The petitioner asserts that the 

alternate method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Jessica D. Senk, 

Director, Office of Standards, Regulations, 

and Variances. 

[FR Doc. 2021–15827 Filed 7–23–21; 8:45 am] 

BILLING CODE 4520–43–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

[Docket No. OSHA–2012–0017] 

Reports of Injuries to Employees 

Operating Mechanical Power Presses; 

Extension of the Office of Management 

and Budget’s (OMB) Approval of an 

Information Collection (Paperwork) 

Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Request for public comments. 

SUMMARY: OSHA solicits public 

comments concerning the proposal to 

extend the Office of Management and 

Budget’s (OMB) approval of the 

information collection requirements 

specified in the Standard on Reports of 

Injuries to Employees Operating 

Mechanical Power Presses. 

DATES: Comments must be submitted 

(postmarked, sent, or received) by 

September 24, 2021. 

ADDRESSES: 

Electronically: You may submit 

comments, including attachments, 

electronically at http://

www.regulations.gov, the Federal 

eRulemaking Portal. Follow the 

instructions online for submitting 

comments. 

Docket: To read or download 

comments or other material in the 

docket, go to http://

www.regulations.gov. Documents in the 

docket 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 

through the OSHA Docket Office. 

Contact the OSHA Docket Office for 

assistance in locating docket 

submissions. 

Instructions: All submissions must 

include the agency name and the OSHA 

docket number for this Federal Register 

notice (OSHA–2012–0017). OSHA will 

place comments and requests to speak, 

including personal information, in the 

public docket, which may be available 

online. Therefore, OSHA cautions 

interested parties about submitting 

personal information such as Social 

Security numbers and birthdates. For 

further information on submitting 

comments, see the ‘‘Public 

Participation’’ heading in the section of 

this notice titled SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Theda Kenney or Seleda Perryman, 

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 

the 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 

(PRA–95) (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 (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). 

In the event that a worker is injured 

while operating a mechanical power 

press, 29 CFR 1910.217(g) requires the 

employer to report, within 30 days of 

the occurrence, all point-of-operation 

injuries to the operators or other 

employees to either the Director of the 

Directorate of Standards and Guidance 

at OSHA, U.S. Department of Labor, 

Washington, DC 20210 or electronically 

at http://www.osha.gov/pls/oshaweb/ 

mechanical.html; or to the State agency 

administering a plan approved by the 

Assistant Secretary of Labor for 

Occupational Safety and Health. This 

information includes the employer’s 

and worker’s name(s), workplace 

address and location; injury sustained; 

task being performed when the injury 

occurred; number of operators required 

for the operation and the number of 

operators provided with controls and 

safeguards; cause of the incident; type of 

clutch, safeguard(s), and feeding 

method(s) used; and means used to 

actuate the press stroke. These reports 

are a source of up-to-date information 

on power press machines. Specifically, 

this information identifies the 

equipment used and conditions 

associated with these injuries. 

OSHA’s Mechanical Power Press 

injury reporting requirement at 

1910.217(g) is a separate injury 

reporting requirement from OSHA’s 

severe injury reporting requirements 

which are part of 1904.39. Under 

1904.39, employers must, within 24 

hours, report to OSHA any work-related 

injury requiring hospitalization as well 

as work-related incidents resulting in an 

amputation or loss of an eye. The 

Mechanical Power Press Standard 

requires employers to report all injuries 

involving operation of a power press to 

OSHA or an appropriate state agency 

within 30 days. Injuries that must be 

reported under 1910.217(g) include 

those that are also reportable under 

1904.39 as well as those that are 

recordable under the recordkeeping 

standard (29 CFR 1904). 

II. Special Issues for Comment 

OSHA has a particular interest in 

comments on the following issues: 

• Whether the proposed information 

collection requirements are necessary 

for the proper performance of the 

agency’s functions, including whether 

the information is useful; 

• The accuracy of OSHA’s estimate of 

the burden (time and costs) of the 

information collection requirements, 

including the validity of the 

methodology and assumptions used; 

• The quality, utility, and clarity of 

the information collected; and 

• Ways to minimize the burden on 

employers who must comply. For 

example, by using automated or other 


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