1219-0011 PUBLISHED 60 Day FRN V80 p55874 9-17-15

1219-0011 PUBLISHED 60 Day FRN V80 p55874 9-17-15.pdf

Respirable Coal Mine Dust Sampling

1219-0011 PUBLISHED 60 Day FRN V80 p55874 9-17-15

OMB: 1219-0011

Document [pdf]
Download: pdf | pdf
tkelley on DSK3SPTVN1PROD with NOTICES

55874

Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices

States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: The parties to
the investigation are requested to file
written submissions on the issues
identified in this notice. Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. Such
submissions should address the
recommended determination by the ALJ
on remedy and bonding. Complainants
are requested to submit proposed
remedial orders for the Commission’s
consideration. Complainants are also
requested to state the date that the
patents expire and the HTSUS numbers
under which the accused products are
imported. Complainants are further
requested to supply the names of known
importers of the Garmin products at
issue in this investigation. The written
submissions and proposed remedial
orders must be filed no later than close
of business on September 21, 2015.
Reply submissions must be filed no later
than the close of business on September
28, 2015. Such submissions should
address the ALJ’s recommended
determinations on remedy and bonding.
No further submissions on any of these
issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above and submit eight true paper
copies to the Office of the Secretary by
noon the next day pursuant to section
210.4(f) of the Commission’s Rules of
Practice and Procedure (19 CFR
210.4(f)). Submissions should refer to
the investigation number (‘‘Inv. No.
337–TA–926’’) in a prominent place on
the cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, http://www.usitc.gov/
secretary/fed_reg_notices/rules/
handbook_on_electronic_filing.pdf).
Persons with questions regarding filing
should contact the Secretary (202–205–
2000).
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents

VerDate Sep<11>2014

17:30 Sep 16, 2015

Jkt 235001

for which confidential treatment by the
Commission is properly sought will be
treated accordingly. A redacted nonconfidential version of the document
must also be filed simultaneously with
any confidential filing. All nonconfidential written submissions will be
available for public inspection at the
Office of the Secretary and on EDIS.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: September 11, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–23329 Filed 9–16–15; 8:45 am]
BILLING CODE 7020–02–P

on-line instructions for submitting
comments for docket number MSHA–
2015–0022.
• Regular Mail: Send comments to
USDOL–MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452.
• Hand Delivery: USDOL–Mine
Safety and Health Administration, 201
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at
the receptionist’s desk on the 4th floor
via the East elevator.
FOR FURTHER INFORMATION CONTACT:
Sheila McConnell, Acting Director,
Office of Standards, Regulations, and
Variances, MSHA, at
[email protected]
(email); 202–693–9440 (voice); or 202–
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION:
I. Background

DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0011]

Revision of a Currently Approved
Collection; Respirable Coal Mine Dust
Sampling
Mine Safety and Health
Administration, Labor.
ACTION: Request for public comments.
AGENCY:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a pre-clearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
collections of information in accordance
with the Paperwork Reduction Act of
1995, 44 U.S.C. 3506(c)(2)(A). This
program helps to assure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Mine
Safety and Health Administration
(MSHA) is soliciting comments on the
information collection for Respirable
Coal Mine Dust Sampling.
DATES: All comments must be received
on or before November 16, 2015.
ADDRESSES: Comments concerning the
information collection requirements of
this notice may be sent by any of the
methods listed below.
• Federal E-Rulemaking Portal:
http://www.regulations.gov. Follow the
SUMMARY:

PO 00000

Frm 00049

Fmt 4703

Sfmt 4703

Chronic exposure to respirable coal
mine dust causes lung diseases
including coal workers’ pneumoconiosis
(CWP), emphysema, silicosis, and
chronic bronchitis, known collectively
as ‘‘black lung.’’ These diseases are
debilitating and can result in disability
and premature death. While
considerable progress has been made in
lowering dust levels since 1970 and,
consequently, lowering the prevalence
rate of black lung among coal miners,
severe forms of black lung continue to
be identified. Information from the
federally funded Coal Workers’ Health
Surveillance Programs administered by
the National Institute for Occupational
Safety and Health (NIOSH) clearly
indicates that black lung remains a key
occupational health risk among our
nation’s coal miners. According to
NIOSH, 933 or 3.7 percent of the 25,558
underground coal miners x-rayed
between January 2003 and September
2011 were found to have CWP. Also, in
FY 2011, over 28,600 former coal miners
and the dependents of miners received
$417 million in ‘‘black lung’’ benefits.
Since inception of the federal Black
Lung Benefits Program in 1970, over $45
billion in total benefits have been paid
out to former miners and their
dependents.
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act), 30 U.S.C. 813(h), authorizes
MSHA to collect information necessary
to carry out its duty to protect the safety
and health of miners. Further, Section
101(a) of the Mine Act, 30 U.S.C. 811(a),
authorizes the Secretary to develop,
promulgate, and revise as may be
appropriate, improved mandatory
health or safety standards for the

E:\FR\FM\17SEN1.SGM

17SEN1

tkelley on DSK3SPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices
protection of life and prevention of
injuries in coal or other mines. This
Information Collection 1219–0011
reflects requirements of MSHA’s final
rule, Lowering Miners’ Exposure to
Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors (79
FR 24814; May 1, 2014) related to
respirable coal mine dust sampling in
effect on February 1, 2016, and
respirable dust standards in effect on
August 1, 2016.
MSHA’s standards in 30 CFR parts 70,
71, and 90 require each mine operator
of an underground coal mine, surface
coal mine and, surface work areas of an
underground coal mine, and each coal
mine operator who employs a Part 90
miner, to protect miners from exposure
to excessive respirable coal mine dust
levels. Parts 70 and 71 require each coal
mine operator to continuously maintain
the average concentration of respirable
coal mine dust in the mine atmosphere
where miners normally work or travel at
or below 1.5 milligrams per cubic meter
(mg/m3). This standard is reduced using
the formula 10 divided by the percent
of quartz when the respirable dust
contains more than 5 percent quartz.
Overexposure to respirable coal mine
dust containing quartz has been
associated with silicosis (black lung).
These lung diseases are irreversible and
may be fatal, but they are preventable.
Parts 70 and 71 also require each coal
mine operator to continuously maintain
the average concentration of respirable
dust in intake airways at underground
mines at or below 0.5 mg/m3.
If a Part 90 miner is employed at the
mine, the coal mine operator is required
to continuously maintain the average
concentration of respirable dust in the
mine atmosphere during each shift to
which the Part 90 miner in the active
workings of the mine is exposed at or
below 0.5 mg/m3. This standard is also
reduced if more than 5 percent quartz is
found in the mine atmosphere during
each shift to which the Part 90 miner is
exposed.
MSHA’s standards require that coal
mine operators sample respirable coal
mine dust quarterly and submit these
samples to MSHA for analysis to
determine if the mine is complying with
the applicable dust standards.
Underground coal mine operators must
sample: The Designated Occupation
(DO) and Other Designated Occupation
(ODO) in each Mechanized Mining Unit
(MMU) under 30 CFR 70.208 and each
Designated Area (DA) at locations
specified in the operator’s approved
mine ventilation plan under 30 CFR
70.209. In addition, Designated Work
Positions (DWPs) at surface coal mines
and surface work areas of underground

VerDate Sep<11>2014

17:30 Sep 16, 2015

Jkt 235001

coal mines must be sampled under 30
CFR 71.206. Furthermore, each part 90
miner must be sampled under 30 CFR
90.207.
Sampling, General and Technical
Requirements under Parts 70, 71, and
90: Section 70.201(b)(2) requires that
DAs identified by the underground coal
mine operator be sampled quarterly
only with an approved Coal Mine Dust
Personal Sampling Unit (CMDPSU)
unless the operator notifies the District
Manager in writing that only an
approved Continuous Personal Dust
Monitor (CPDM) will be used for all DA
sampling at the mine. With respect to
DWP sampling, section 71.201(a)
requires each mine operator of a surface
coal mine and each mine operator of an
underground coal mine with surface
work areas who is sampling on the
surface to sample with an approved
CMDPSU, however, the operator may
use an approved CPDM if the operator
notifies the District Manager in writing
that only an approved CPDM will be
used for all DWP sampling at the mine.
MSHA does not expect underground
coal mine operators to use the CPDM to
conduct DA sampling underground, or
DWP sampling on the surface area of the
underground mine. Also, MSHA does
not expect surface coal mine operators
to use the CPDM to conduct DWP
sampling. Thus, there are no
notifications to the MSHA District
Manager and therefore no burdens to
operators for sections 70.201(b)(2) and
71.201(a).
Sections 70.201(e), 71.201(d), and
90.201(f) require that coal mine
operators make records showing the
length of: Each production shift for each
MMU; each normal work shift for each
DWP; and each shift for each part 90
miner respectively. These provisions
also require that the records be retained
for at least six months, made available
for inspection by authorized
representatives of the Secretary and,
except in the case of part 90 miners, by
the representative of miners. The
records must also be submitted to the
District Manager when requested in
writing.
Section 70.211(c)(5) requires that,
when CPDMs are used for sampling,
underground coal mine operators print,
sign and post a paper record (Dust Data
Card) with the shift length. Under
section 90.209(c)(5), when CPDMs are
used for sampling, coal mine operators
must print, sign and provide to each
part 90 miner a Dust Data Card with the
shift length. Under sections 70.210(c)
and 71.207(c), if using a CMDPSU, the
operator must complete a dust card,
which includes recording the shift
length.

PO 00000

Frm 00050

Fmt 4703

Sfmt 4703

55875

There are no separate burdens shown
for recording shift lengths for sections
70.201(e) for underground coal mines
and 90.201(f) related to part 90 miners
when sampling is conducted because
records of shift length are accounted for
under sections 70.211(c) and 90.209(c)
when a CPDM Dust Data Card is printed
and signed. However, burdens for
recording shift lengths when sampling
is not conducted are shown under
sections 70.201(e) and 90.201(f).
For surface work areas of
underground coal mines and surface
coal mines, there is no burden shown
for section 71.201(d) when DWP
sampling is conducted because records
of shift length are accounted for under
section 71.207(c) when a CMDPSU Dust
Data Card is completed. However, the
burden for recording shift length when
sampling is not conducted is shown
under section 71.201(d).
Sections 70.201(f), 71.201(e), and
90.201(g) require that upon request from
the District Manager, the operator must
submit the date and time any respirable
dust sampling required by part 70, 71,
or 90 will begin. The mine operator
must submit this information to MSHA
at least 48 hours prior to scheduled
sampling. In addition, under section
71.201(f), a mine operator may request,
in writing, that the rain restriction for a
normal work shift as defined in section
71.2 be waived by the District Manager.
Sections 70.210(d), 71.207(d), and
90.208(d) require that all operator
samples be considered to be taken to
fulfill the sampling requirements of
parts 70, 71, and 90, respectively, unless
the sample has been identified in
writing by the operator to the District
Manager, prior to the intended sampling
shift, as a sample to be used for another
purpose.
Section 70.201(g) requires that to
establish a normal production shift, the
operator must record the amount of runof-mine material produced by each
MMU during each shift to determine the
average production for the most recent
30 production shifts or for all
production shifts if fewer than 30 shifts
of production data are available. It also
requires that the production records
must be retained for at least six months
and be made available for inspection by
authorized representatives of the
Secretary and the representative of
miners.
Sections 70.201(j) and 90.201(j) allow
the mine operator of an anthracite mine
that uses the full box, open breast, or
slant breast mining method to use either
a CPDM or a CMDPSU for respirable
coal mine dust sampling required under
part 70 or part 90. However, if the mine
operator chooses not to use a CPDM, he

E:\FR\FM\17SEN1.SGM

17SEN1

tkelley on DSK3SPTVN1PROD with NOTICES

55876

Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices

must notify the District Manager in
writing of this decision. To estimate the
full cost impact upon coal mine
operators, MSHA assumed that these
operators will use the CPDM for the
required sampling. Therefore, no burden
was estimated at this time for these
operators to notify the District Manager
of their choice not to use the CPDM.
Operators may reevaluate whether to
use the CPDM. Therefore, future
updates to this package may result in a
burden for these provisions.
Sampling under Parts 70, and 71:
Sections 70.205(b)(2) and 71.205(b)(2)
require that if a CMDPSU is used to
sample respirable coal mine dust, each
approved sampling device must be
examined each shift by a person
certified in sampling during the last
hour of operation to assure that the
sampling device is operating properly
and at the proper flowrate. If the proper
flowrate is not maintained, the
respirable dust sample must be
transmitted to MSHA with a notation by
the certified person on the back of the
Dust Data Card stating that the proper
flowrate was not maintained. Other
events occurring during the collection of
respirable coal mine dust samples that
may affect the validity of the sample,
such as dropping of the sampling head
assembly onto the mine floor, must also
be noted on the back of the Dust Data
Card. The burdens for these
requirements are included in the
burdens estimated to complete the Dust
Data Cards under sections 70.210(c) and
71.207(c).
Quarterly Sampling Requirements for
Parts 70, 71, and 90: Quarterly sampling
requirements are in section 70.208 for
MMUs, section 70.209 for DAs, and
section 90.207 for part 90 miners.
Sections 70.208(e)(3), 70.209(c)(3), and
90.207(c)(3) require that when a valid
representative sample meets or exceeds
the ECV that corresponds to the
applicable standard and particular
sampling device used for either an
MMU or DA, respectively, or that
corresponds to the applicable standard
and particular sampling device used for
part 90 miner sampling, the operator
must make, upon implementation of
corrective actions, a record of the
actions taken. The record must be
certified by the mine foreman or
equivalent mine official, no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book that is
not susceptible to alteration or
electronically in a computer system so
as to be secure and not susceptible to
alteration. Such records must be
retained at a surface location at the mine

VerDate Sep<11>2014

17:30 Sep 16, 2015

Jkt 235001

for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and,
except for part 90 miners, the
representative of miners. Also, the
records must be made available for
inspection by the affected part 90 miner
who was sampled.
Sections 70.208(h)(3), 70.209(f)(3),
and 90.207(f)(3) require that mine
operators, upon issuance of a citation
for violation of the applicable standard
for either an MMU, DA, or part 90
miner, respectively, must make, upon
implementation of the corrective
actions, a record of the actions taken.
The record must be certified by the
mine foreman or equivalent mine
official, no later than the end of the
mine foreman’s or equivalent official’s
next regularly scheduled working shift.
The record must be made in a secure
book that is not susceptible to alteration
or electronically in a computer system
so as to be secure and not susceptible
to alteration. Such records must be
retained at a surface location at the mine
for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and,
except for part 90 miners, the
representative of miners. Also, the
records must be made available for
inspection by the affected part 90 miner
who was sampled.
DWPs at surface coal mines and
surface work areas of underground coal
mines must be sampled quarterly under
section 71.206. Under section 71.206(d),
operators with multiple work positions
that are specified in section 71.206(c)(2)
and (c)(3) must sample the DWP
exposed to the greatest respirable dust
concentration in each work position
performing the same activity or task at
the same location at the mine and
exposed to the same dust generation
source. Each operator must provide the
District Manager with a list identifying
the specific work positions where DWP
samples will be collected for: Active
mines; new mines; and DWPs with a
change in operational status that
increases or reduces the number of
active DWPs.
Section 71.206(e) requires that each
DWP sample must be taken on a normal
work shift. If a normal work shift is not
achieved, the respirable dust sample
must be transmitted to MSHA with a
notation by the person certified in
sampling on the back of the Dust Data
Card stating that the sample was not
taken on a normal work shift. Section
71.207(c) requires that a person certified
in sampling properly complete the Dust
Data Card that is provided by the
manufacturer for each filter cassette.
The card must have an identification

PO 00000

Frm 00051

Fmt 4703

Sfmt 4703

number identical to that on the cassette
used to take the sample and be
submitted to MSHA with the sample.
Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and include that person’s
MSHA Individual Identification
Number (MIIN). A separate burden has
not been included for section 71.206(e)
since MSHA assumed that any notations
can be made at the same time that the
Dust Data Card is completed under
section 71.207(c).
Section 71.206(h)(3) requires that
when a valid representative sample
taken in accordance with this section
meets or exceeds the ECV that
corresponds to the applicable standard
and particular sampling device used,
the operator must make, upon
implementation of the corrective
actions, a record of the actions taken.
The record must be certified by the
mine foreman or equivalent mine
official, no later than the end of the
mine foreman’s or equivalent official’s
next regularly scheduled working shift.
The record must be made in a secure
book that is not susceptible to alteration
or electronically in a computer system
so as to be secure and not susceptible
to alteration. Such records must be
retained at a surface location at the mine
for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and the
representative of miners. There are no
separate burden estimates projected for
section 71.206(h)(3). MSHA assumed
that surface samples that meet or exceed
the applicable ECV will result in a
citation, and this burden appears under
section 71.206(k)(3).
Section 71.206(k)(3) requires that
upon issuance of a citation for violation
of the applicable standard, the operator
must make, upon implementation of the
corrective actions, a record of the
actions taken. The record must be
certified by the mine foreman or
equivalent mine official, no later than
the end of the mine foreman’s or
equivalent official’s next regularly
scheduled working shift. The record
must be made in a secure book that is
not susceptible to alteration or
electronically in a computer system so
as to be secure and not susceptible to
alteration. Such records must be
retained at a surface location at the mine
for at least 1 year and be made available
for inspection by authorized
representatives of the Secretary and the
representative of miners.
Transmission of Respirable Coal Mine
Dust Samples by the Operator under
Parts 70, 71, and 90: Sections 70.210(a)
and 71.207(a) require that if a CMDPSU

E:\FR\FM\17SEN1.SGM

17SEN1

tkelley on DSK3SPTVN1PROD with NOTICES

Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices
is used to sample, the operator must
transmit within 24 hours after the end
of the sampling shift all samples
collected to fulfill the requirements of
part 70, 71, or 90, including control
filters, in containers provided by the
manufacturer of the filter cassette to:
Respirable Dust Processing Laboratory,
Pittsburgh Safety and Health
Technology Center, Cochrans Mill Road,
Building 38, P.O. Box 18179, Pittsburgh,
Pennsylvania 15236–0179, or to any
other address designated by the District
Manager.
Sections 70.210(c) and 71.207(c)
require that a person certified in
sampling properly complete the Dust
Data Card that is provided by the
manufacturer for each filter cassette.
The card must have an identification
number identical to that on the cassette
used to take the sample and be
submitted to MSHA with the sample.
Each card must be signed by the
certified person who actually performed
the required examinations during the
sampling shift and include that person’s
MSHA Individual Identification
Number (MIIN). Respirable dust
samples with data cards not properly
completed may be voided by MSHA.
Sections 70.210(f), 71.207(f), and
90.208(f) require that if a CPDM is used
to sample, the person certified in
sampling must validate, certify and
transmit electronically to MSHA within
24 hours after the end of each sampling
shift all sample data file information
collected and stored in the CPDM,
including the sampling status
conditions encountered when sampling.
All CPDM data files transmitted
electronically to MSHA must be
maintained by the operator for at least
12 months.
The burdens for sections 70.210(a),
(c), and (f), 71.207(a) and (c), and
90.208(f) are included in the burdens for
sections 70.210, 71.207, and 90.208.
Section 71.207(f) pertains only to using
the CPDM. However, operators of
surface coal mines and operators of
surface work areas of underground coal
mines are only required to use the
CPDM for part 90 miner sampling, and
MSHA does not expect them to use the
CPDM to conduct DWP sampling. Thus,
the burden for section 71.207(f) is
accounted for in the burden for section
90.208(f).
Report to the Operator of Respirable
Dust Samples; Post or Provide Results
and Report under Parts 70, 71, and 90:
Sections 70.211(b) and 71.208(b) require
that upon receipt of the sampling report
that contains sampling results from
MSHA, the operator must post the data
for at least 31 days on the mine bulletin
board. Sections 70.211(c) and 71.208(c)

VerDate Sep<11>2014

17:30 Sep 16, 2015

Jkt 235001

require, if using a CPDM, the person
certified in sampling, within 12 hours
after the end of each sampling shift, to
print, sign, and post on the mine
bulletin board a paper record (Dust Data
Card) of each sample run. This hardcopy record must include the data
entered when the sample run was first
programmed and the following: The
mine identification number; the
locations within the mine or the DWP
at the mine from which the samples
were taken; the concentration of
respirable dust, expressed as an
equivalent concentration reported and
stored for each sample; the sampling
status conditions encountered for each
sample; and the shift length. Section
71.208(c) requires that when CPDMs are
used for DWP sampling, underground
coal mine operators that have surface
work areas and surface coal mine
operators print, sign, and post a paper
record (Dust Data Card) with the shift
length and other information regarding
sampling for each location sampled
under Part 71. MSHA does not expect
that the CPDM will be used for DWP
sampling by underground coal mine
operators on the surface area of the
underground mine, or by surface coal
mine operators. Therefore, no burden
was estimated at this time for Section
71.208(c).
For part 90 miners, section 90.209(b)
requires that upon receipt of the
sampling report from MSHA, the
operator must provide a copy to the part
90 miner only. Section 90.209(c)
requires that if using a CPDM, the
person certified in sampling must print,
sign, and provide to each part 90 miner,
a paper record (Dust Data Card) of the
sample run within one hour after the
start of the part 90 miner’s next work
shift. This hard copy record must
include the data entered when the
sample run was first programmed, and
the following: The mine identification
number; the location within the mine
from which the sample was taken; the
concentration of respirable dust,
expressed as an equivalent
concentration reported and stored for
each sample; the sampling status
conditions encountered for each sample;
the shift length; and the part 90 miner’s
MSHA Individual Identification
Number (MIIN).
Operational Status Changes under
Parts 70, 71, and 90: Sections 70.212(a),
71.209(a), and 90.210 require that if
there is a change in operational status
that affects the respirable dust sampling
requirements of part 70, 71, or 90,
respectively, the operator must report
the change in operational status of the
mine, MMU, DA, DWP, or part 90 miner
(such as the part 90 miner entering a

PO 00000

Frm 00052

Fmt 4703

Sfmt 4703

55877

terminated, injured or ill status, or
returning to work) to the MSHA District
Office or to any other MSHA office
designated by the District Manager.
Status changes must be reported in
writing or electronically within 3
working days after the status change has
occurred.
Revised Dust Control Parameters in
the Mine Ventilation Plan in Response
to Violations of the Applicable Standard
under Part 70: Sections 70.208(i)(2) and
70.209(g)(2) provide that a citation for
violation of the applicable standard
shall be terminated by MSHA when the
operator has submitted to the District
Manager revised dust control
parameters as part of the mine
ventilation plan applicable to the MMU,
or the DA, respectively, in the citation
and such changes have been approved
by the District Manager. The revised
parameters must reflect the control
measures used by the operator to abate
the violation.
Dust Control Plan Provisions in
Response to Violations of the
Applicable Standard under Part 71:
Section 71.300(a) requires that the
operator must submit to the District
Manager for approval a written
respirable dust control plan applicable
to the DWP identified in the citation
within 15 calendar days after the
termination date of a citation for
violation of the applicable standard. The
respirable dust control plan and
revisions must be suitable to the
conditions and the mining system of the
coal mine and be adequate to
continuously maintain respirable dust
within the applicable standard at the
DWP identified in the citation.
Section 71.300(a)(1) requires that the
mine operator must notify the
representative of miners at least 5 days
prior to submission to MSHA of a
respirable dust control plan and any
revision to a dust control plan. If
requested, the mine operator must
provide a copy to the representative of
miners at the time of notification.
Section 71.300(a)(3) requires that a
copy of the proposed respirable dust
control plan, and a copy of any
proposed revision, submitted for
Agency approval must be posted on the
mine bulletin board at the time of
submittal. The proposed plan or
proposed revision must remain posted
until it is approved, withdrawn, or
denied.
Under section 71.301(d)(1), the
approved respirable dust control plan
and any revisions must be provided
upon request to the representative of the
miners by the operator following
notification of approval.

E:\FR\FM\17SEN1.SGM

17SEN1

55878

Federal Register / Vol. 80, No. 180 / Thursday, September 17, 2015 / Notices

tkelley on DSK3SPTVN1PROD with NOTICES

Under section 71.301(d)(3), the plan
or revisions must be posted on the mine
bulletin board within 1 working day
following notification of approval and
remain posted for the period that the
plan is in effect.
Under section 71.301(e), the operator
may review respirable dust control
plans and submit proposed revisions to
such plans to the District Manager for
approval.
Dust Control Plan Provisions in
Response to Violations of the
Applicable Standard under Part 90:
Section 90.300(a) requires that if an
operator abates a violation of the
applicable standard by reducing the
respirable dust level in the position of
the part 90 miner, the operator must
submit to the District Manager for
approval a written respirable dust
control plan for the part 90 miner in the
position identified in the citation within
15 calendar days after the citation is
terminated. The respirable dust control
plan and revisions thereof must be
suitable to the conditions and the
mining system of the coal mine and be
adequate to continuously maintain
respirable dust within the applicable
standard for that part 90 miner.
Section 90.301(d) requires the
operator to provide a copy of the current
respirable dust control plan to the part
90 miner.
Under section 90.301(e), the operator
may review respirable dust control
plans and submit proposed revisions to
such plans to the District Manager for
approval.
Mine Ventilation Plan, Revisions,
Notify Miners’ Representatives, Provide
Copy, and Posting: Section
75.370(a)(3)(i) requires underground
coal mine operators to notify the miners’
representative at least 5 days prior to
submission of mine ventilation plan and
any revision and, if requested, provide
a copy to the miners’ representative at
the time of notification. Section
75.370(a)(3)(iii) and (f)(3) require the
operator to post a copy of the proposed
plan and any proposed revision, and the
MSHA-approved plan and any
revisions, respectively, on the mine
bulletin board. In addition, section
75.370(f)(1) requires the operator to
provide a copy of the MSHA-approved
plan and any revisions to the miners’
representative, if requested.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Respirable Coal
Mine Dust Sampling. MSHA is
particularly interested in comments
that:

VerDate Sep<11>2014

17:30 Sep 16, 2015

Jkt 235001

• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
The information collection request
will be available on http://
www.regulations.gov. MSHA cautions
the commenter against providing any
information in the submission that
should not be publicly disclosed. Full
comments, including personal
information provided, will be made
available on www.regulations.gov and
www.reginfo.gov.
The public may also examine publicly
available documents at USDOL-Mine
Safety and Health Administration, 201
12th Street South, Suite 4E401,
Arlington, VA 22202–5452. Sign in at
the receptionist’s desk on the 4th floor
via the East elevator.
Questions about the information
collection requirements may be directed
to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
III. Current Actions
This request for collection of
information contains provisions for
Respirable Coal Mine Dust Sampling.
MSHA has updated the data with
respect to the number of respondents,
responses, burden hours, and burden
costs supporting this information
collection request.
Type of Review: Revision of a
currently approved collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0011.
Affected Public: Business or other forprofit.
Number of Respondents: 1,035.
Frequency: On occasion.
Number of Responses: 1,704,366.
Annual Burden Hours: 94,478 hours.
Annual Respondent or Recordkeeper
Cost: $40,967.
MSHA Forms: Miner Operator Dust
Data Card.
Comments submitted in response to
this notice will be summarized and

PO 00000

Frm 00053

Fmt 4703

Sfmt 4703

included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Sheila McConnell,
Certifying Officer.
[FR Doc. 2015–23330 Filed 9–16–15; 8:45 am]
BILLING CODE 4510–43–P

NUCLEAR REGULATORY
COMMISSION
[NRC–2015–0220]

Seismic Design Classification for
Nuclear Power Plants
Nuclear Regulatory
Commission.
ACTION: Draft regulatory guide; request
for comment.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment draft regulatory guide (DG),
DG–1315, ‘‘Seismic Design
Classification for Nuclear Power
Plants.’’ The DG describes a method that
the NRC staff considers acceptable for
use in identifying and classifying those
features of light-water-reactor (LWR)
nuclear power plants that must be
designed to withstand the effects of the
safe-shutdown earthquake (SSE). DG–
1315 is proposed revision 5 of
Regulatory Guide (RG) 1.29.
DATES: Submit comments by November
16, 2015. Comments received after this
date will be considered if it is practical
to do so, but the NRC is able to ensure
consideration only for comments
received on or before this date.
Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specified subject):
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2015–0220. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: [email protected]. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
OWFN–12H08, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUMMARY:

E:\FR\FM\17SEN1.SGM

17SEN1


File Typeapplication/pdf
File Modified2015-09-17
File Created2015-09-17

© 2024 OMB.report | Privacy Policy