[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Notices]
[Pages 28013-28014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11713]


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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.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and Title 30 of the Code of Federal Regulations, 30 CFR part 44, 
govern the application, processing, and disposition of petitions for 
modification. 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 the Office of 
Standards, Regulations, and Variances on or before June 15, 2015.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. 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, 1100 Wilson Boulevard, Room 2350, 
Arlington, Virginia 22209-3939, Attention: Sheila McConnell, Acting 
Director, Office of Standards, Regulations, and Variances. Persons 
delivering documents are required to check in at the receptionist's 
desk on the 21st floor. Individuals may inspect copies of the petitions 
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), 
[email protected] (Email), or 202-693-9441 (Facsimile). [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 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. 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-2015-011-C.
    Petitioner: GCC Energy, LLC, 6473 County Road 120, Hesperus, 
Colorado 81326.
    Mine: King II Mine, MSHA I.D. No. 05-04864, located in La Plata 
County, Colorado.
    Regulation Affected: 30 CFR 77.1403 (Daily examination of hoisting 
equipment).
    Modification Request: The petitioner requests a modification of the 
existing standard that requires examinations of hoists and elevators as 
it applies to a new limited use/limited application wheelchair lift 
elevator system. The petitioner states that:
    1. This wheelchair lift will not carry miners into the mine on 
regularly scheduled shifts.
    2. The wheelchair lift is located on the South end of our two-story 
bathhouse next to the stairs accessing the second floor where 
Engineering and Superintendent offices are located. GCC Energy LLC is 
in a new building located on the surface area of an underground mine 
site. A new two-stop limited use/limited application elevator system 
has been installed. The purpose and intent of the hoist is for handicap 
access to the offices on the second floor of the bathhouse.
    3. The wheelchair lift is installed and designed to comply with the 
Americans with Disabilities Act.
    4. Title 30 CFR 77.1403 requires daily examinations of hoists and 
elevators, and 30 CFR 77.1404 requires that the person making the 
examination certify that the examination has been made. The records are 
to be kept for one year.
    5. The Colorado Department of Labor and Employment, Division of Oil 
and Public Safety (OPS), Conveyance Program protects the riding public 
and industry personnel in the State of Colorado from the hazards of 
dangerous conveyances. To achieve this mission, the OPS requires the 
following:
    (a) That all elevators, escalators, dumbwaiters, wheelchair lifts, 
APM and other regulated conveyances located in Colorado be registered 
with OPS.
    (b) The installation, alteration, maintenance, testing, and annual 
inspection of regulated conveyances be completed according to the 
Colorado conveyance regulations, industry code and standard adopted in 
statute and regulation.
    (c) That all conveyance contractors, mechanics, and inspectors 
maintain a current license issued by OPS and that the installation, 
alteration, maintenance, and examinations of regulated conveyances are 
completed by licensed and qualified personnel.
    6. The petitioner states that GCC Energy does not employ a licensed 
OPS inspector. Accordingly, GCC seeks relief from the requirements of 
daily examination and recordkeeping of hoisting equipment. GCC Energy 
changes light bulbs in the cabin and records the phase 1 fire tests 
done monthly in the cabin. The control panel or inspection covers are 
not opened by GCC, and GCC does not perform any service or maintenance 
on the lift. Every five years a witness test with a licensed mechanic 
must be performed.
    7. The elevator is a wheelchair lift with a single hydraulic 
cylinder traveling approximately 12 feet, not to exceed 30 feet per 
minute, that is roped so as not to allow over-extension. The cabin is 
attached to the cylinder. There are no wire ropes, sheave wheels, 
sheaves, or thimbles that must be examined daily for wear, and no 
damaged or worn bearings or broken wires.
    8. GCC Energy, LLC is petitioning to allow the licensed inspectors 
to do the examinations and the licensed mechanics to do all repairs.
    The petitioner asserts that the proposed alternative method will

[[Page 28014]]

increase the safety of the miners and afford them no less than the same 
level of protection as the existing standard.
    Docket Number: M-2015-012-C.
    Petitioner: Peabody Midwest Mining, LLC, P.O. Box 369, 
Coulterville, Illinois.
    Mine: Gateway North Mine, MSHA I.D. No. 11-03235, located in 
Randolph County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit the use of a Getman Road Builder as it was 
originally designed, without front brakes. The petitioner states that:
    (1) The existing standard for self-propelled nonpermissible diesel-
powered equipment does not address equipment with more than four 
wheels, specifically the Getman RDG-1504S Road Builder with six wheels. 
This machine has dual brake systems on the four rear wheels and it is 
designed to prevent a loss of braking due to a single component 
failure.
    (2) The speed of the machine will be limited to 10 miles per hour 
by permanently blocking out any gear that would provide higher speed, 
or transmission and differential ratios that would limit the maximum 
speed to 10 miles per hour will be used.
    (3) The grader operators will be trained to recognize appropriate 
speeds for different road conditions and slopes.
    (4) The grader operators will be trained to lower the grader blade 
to provide additional stopping capability.
    (5) The petitioner proposes to transfer the RDG-1540S Road Builder, 
serial number 6739, from the Gateway Mine that will be closing, to the 
New Gateway North Mine.
    The petitioner asserts that if the machine is operated as described 
in the petition, the safety of the miners will not be compromised.

    Dated: May 11, 2015.
Sheila McConnell,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2015-11713 Filed 5-14-15; 8:45 am]
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