[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Notices]
[Pages 62765-62766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21793]


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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 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 MSHA's Office 
of Standards, Regulations, and Variances on or before October 12, 2016.

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,

[[Page 62766]]

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 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-2016-026-C.
    Petitioner: Mountain Coal Company, P.O. Box 591, 5174 Highway 133, 
Somerset, Colorado 81434.
    Mine: West Elk Mine, MSHA I.D. No. 05-03672, located in Gunnison 
County, Colorado.
    Regulation Affected: 30 CFR 75.1108(c) (Approved conveyor belts).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit continued use of an in-service underground 
conveyor belt approved under Part 18 for the E Seam development and 
longwall mining of panels 7, 8, 9, 10, 11, and 12 utilizing the 
stipulations specified in below.
    In the alternative to compliance with 30 CFR 75.1108(c), the 
petitioner proposes the following:
    (1) All underground conveyor belts used in B and F Seam will be 
approved under Part 14.
    (2) A Part 14 approved underground conveyor belt will be utilized 
to replace any E seam underground conveyor belt that requires 
replacement due to damage.
    (3) Spacing between existing carbon monoxide sensors in the E Seam 
belt entries will be reduced from 1,000 feet to 800 feet.
    (4) E Seam belt entries will be traveled in their entirety by a 
trained person at least every four hours when the belt(s) are 
operating.
    The petitioner asserts that the proposed alternative method will 
provide a level of safety equal to that provided by the existing 
standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-21793 Filed 9-9-16; 8:45 am]
BILLING CODE 4520-43-P