Proposed Extension of Information Collection; Refuse Piles and Impoundment Structures
| Citation | 88 FR 55726 |
| Published date | 16 August 2023 |
| Record Number | 2023-17621 |
| Court | Mine Safety And Health Administration |
| Section | Notices |
55726
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices
compliance with the proposed decision
and order (PDO).
(h) Methane tests shall be made in
accordance with 30 CFR 75.323(a)
before taking or energizing the Versaflo
TR–800 or the CleanSpace EX in the
return air outby the last open crosscut.
(i) All hand-held methane detectors
shall be MSHA-approved and
maintained in permissible and proper
operating condition as defined by 30
CFR 75.320. All methane detectors shall
provide visual and audible warnings
when methane is detected at or above
1.0 percent.
(j) A qualified person as defined in
existing 30 CFR 75.151 shall
continuously monitor for methane
immediately before and during the use
of the Versaflo TR–800 or CleanSpace
EX in the return air outby the last open
crosscut.
(k) Neither the Versaflo TR–800 nor
the CleanSpace EX shall be used in
methane concentrations detected at or
above 1.0 percent methane. When 1.0
percent or more of methane is detected
while the Versaflo TR–800 or
CleanSpace EX is being used, the
equipment shall be de-energized
immediately and the equipment
withdrawn outby the last open crosscut.
(l) The Versaflo TR–800 PAPRs only
use the 3M TR–830 Battery Pack, which
meets lithium battery safety standard
UL 1642 or IEC 62133. The CleanSpace
EX PAPRs shall use the CleanSpace EX
Power Unit, which meets lithium
battery safety standard UL 1642 or IEC
62133.
(m) The battery packs must be
‘‘changed out’’ in intake air outby the
last open crosscut. Before each shift
when the Versaflo TR–800 or
CleanSpace EX is to be used, all
batteries and power units for the
equipment must be charged sufficiently
so that they are not expected to be
replaced on that shift.
(n) The following maintenance and
use conditions shall apply to the
equipment Versaflo TR–800 or the
CleanSpace EX containing lithium-type
batteries:
1. The petitioner shall always
correctly use and maintain the lithium-
ion battery packs. Neither the 3M TR–
830 Battery Pack nor the CleanSpace EX
Power Unit may be dissembled or
modified by anyone other than
permitted by the manufacturer of the
equipment.
2. The 3M TR–830 Battery Pack must
only be charged in an area free of
combustible material, readily monitored
and located on the surface of the mine.
The 3M TR–830 Battery Pack is to be
charged by either:
i. 3M Battery Charger Kit TR–641N,
which includes one 3M Charger Cradle
TR–640 and one 3M Power Supply TR–
941N, or,
ii. 3M 4- Station Battery Charger Kit
TR–644N, which includes four 3M
Charger Cradles TR–640 and one 3M 4-
Station Battery Charger Base/Power
Supply TR–944N.
3. The CleanSpace EX Power Unit is
to be charged only by the CleanSpace
Battery Charger EX, Product Code PAF–
0066.
4. The batteries shall be kept dry and
shall not be exposed to water. This does
not preclude incidental exposure of
sealed battery packs.
5. The batteries shall not be used,
charged, or stored in locations where
the manufacturer’s recommended
temperature limits are exceeded. The
batteries shall not be placed in direct
sunlight or used or stored near a source
of heat.
6. The battery shall not be used at the
end of its life cycle (e.g. when there is
a performance decrease of greater than
20 percent in battery operated
equipment). The battery must be
disposed of properly.
(o) Affected mine employees must be
trained in the proper use and
maintenance of the Versaflo TR–800 and
the CleanSpace EX PAPRs in
accordance with established
manufacturer guidelines. This training
shall alert the affected employees to
recognize the hazards and limitations
associated with the use of the
equipment in areas where methane
could be present and that neither the
Versaflo TR–800 nor the CleanSpace EX
is approved under 30 CFR part 18. The
affected mine employees shall also be
trained to de-energize the PAPRs when
1.0 or more percent methane is detected.
The training shall also include the
proper method to de-energize these
PAPRs. In addition to manufacturer
guidelines, mine employees shall be
trained to inspect the units before use to
determine if there is any damage to the
PAPRs that would negatively impact
intrinsic safety as well as all
stipulations in the PDO.
(p) Mine employees shall be trained
regarding proper procedures for
donning Self-Contained Self Rescuers
(SCSRs) during a mine emergency while
wearing the Versaflo TR–800 or
CleanSpace EX. The mine operator shall
submit proposed revisions to update the
Mine Emergency Evacuation and
Firefighting Program of Instruction
under 30 CFR 75.1502.
(q) Within 60 days after the PDO
becomes final, the operator shall submit
proposed revisions for its approved 30
CFR part 48 training plans to the MSHA
District Manager. These proposed
revisions shall specify initial and
refresher training regarding the terms
and conditions stated in the PDO. When
training is conducted on the terms and
conditions in the PDO, an MSHA
Certificate of Training (Form 5000–23)
shall be completed. Comments shall be
included on the Certificate of Training
indicating that the training received was
for use of the Versaflo TR–800 or
CleanSpace EX.
(r) All personnel who will be involved
with or affected by the use of the
Versaflo TR–800 or CleanSpace EX shall
receive training in accordance with 30
CFR 48.7 on the requirements of the
PDO within 60 days of the date the PDO
becomes final. Such training shall be
completed before any Versflo TR–800 or
CleanSpace EX can be used in return air
outby the last open crosscut. The
operator shall keep a record of such
training and provide such record to
MSHA upon request.
(s) The operator shall provide annual
retraining to all personnel who will be
involved with or affected by the use of
the Versaflo TR–800 or CleanSpace EX
in accordance with 30 CFR 48.8. The
operator shall train new miners on the
requirements of the PDO in accordance
with 30 CFR 48.5 and shall train
experienced miners on its requirements
of this Order in accordance with 30 CFR
48.6. The operator shall keep a record of
such training and provide such record
to MSHA upon request.
(t) The final PDO shall be posted in
unobstructed locations on the bulletin
boards and/or in other conspicuous
places where notices to miners are
ordinarily posted, for a period of not
less than 60 consecutive days.
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.
Song-ae Aromie Noe,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2023–17619 Filed 8–15–23; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219–0015]
Proposed Extension of Information
Collection; Refuse Piles and
Impoundment Structures
AGENCY
: Mine Safety and Health
Administration, Labor.
ACTION
: Request for public comments.
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55727
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices
SUMMARY
: The Department of Labor
(DOL), 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. This program
helps to ensure 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.
The Mine Safety and Health
Administration (MSHA) is soliciting
comments on the information collection
for Refuse Piles and Impoundment
Structures, Recordkeeping and
Reporting Requirements.
DATES
: All comments must be received
on or before October 16, 2023.
ADDRESSES
: You may submit comment
as follows. Please note that late,
untimely filed comments will not be
considered.
Electronic Submissions: Submit
electronic comments in the following
way:
•Federal E-Rulemaking Portal:
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments for docket number MSHA–
2023–0042.
•Mail/Hand Delivery: DOL–MSHA,
Office of Standards, Regulations, and
Variances, 201 12th Street South, Suite
4E401, Arlington, VA 22202–5452.
Before visiting MSHA in person, call
202–693–9455 to make an appointment,
in keeping with the Department of
Labor’s COVID–19 policy. Special
health precautions may be required.
•MSHA will post all comments as
well as any attachments, except for
information submitted and marked as
confidential, in the docket at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
: S.
Aromie Noe, Director, Office of
Standards, Regulations, and Variances,
MSHA, at
MSHA.information.collections@dol.gov
(email); (202) 693–9440 (voice); or (202)
693–9441 (facsimile).
SUPPLEMENTARY INFORMATION
:
I. Background
Section 103(h) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) Public Law 95–164 as amended, 30
U.S.C. 813(h), authorizes MSHA to
collect information necessary to carry
out its duty in protecting the safety and
health of miners. Further, section 101(a)
of the Mine Act, 30 U.S.C. 811(a),
authorizes the Secretary of Labor
(Secretary) to develop, promulgate, and
revise as may be appropriate, improved
mandatory health or safety standards for
the protection of life and prevention of
injuries in coal and metal and nonmetal
mines.
30 CFR 77, subpart C, sets forth
standards for surface installations to
prevent accidents and injuries to coal
miners. More specifically, this
supporting statement will address
impoundments (30 CFR 77.216) and
refuse piles (30 CFR 77.215). The failure
of these structures can have a
devastating effect on mine employees,
communities, and nearby areas. To
avoid or minimize such failures, MSHA
has promulgated standards for the
design, construction, and maintenance
of these structures; for annual
certifications; for certification for
hazardous refuse piles; for the frequency
of inspections; and the methods of
abandonment for impoundments and
impounding structures.
30 CFR 77.217(c) defines
impoundments are structures that can
impound water, sediment, or slurry or
any combination of materials. 30 CFR
77.217(e) defines refuse piles as
deposits of coal mine waste (other than
overburden or spoil) that are excavated
during mining operations or separated
from mined coal and deposited on the
surface as waste byproducts. 30 CFR
77.217(a) also defines ‘‘abandoned’’ as
work on refuse pile or impounding
structure being completed in accordance
with a plan for abandonment approved
by the District Manager.
30 CFR 77.215–1 through 77.215–4
require refuse piles to be constructed,
maintained, identified, reported and
certified in accordance with the
requirements described in the rule.
Actions to be taken in the event of
modification or abandonment are
likewise described in the rule.
30 CFR 77.216–1 through 77.216–5
require impoundments to be
constructed, maintained, identified,
reported and certified in accordance
with the requirements described in the
rule. Actions to be taken in the event of
modification or abandonment are
likewise described in the rule.
A. Construction Plans and Modified
Plans
30 CFR 77.215–2(a) requires the
operator to report and acknowledge in
writing from the District Manager prior
to any work associated with the
construction of a proposed refuse pile.
30 CFR 77.215–2(b) requires the
operator to submit to the District
Manager a report in triplicate with
details of the refuse pile within 180
days of acknowledgment. Reports
required under 30 CFR 77.215–2(b)
contain, among other things, a
topographic map showing the present
and proposed maximum extent of the
refuse pile including an area 500 feet
around the perimeter, a statement of
whether or not the refuse pile is
burning, a description of measures taken
to prevent water from being impounded
by the refuse pile or contained within,
a cross section of the length and width
of the refuse pile at intervals to show
the approximate original ground
surface, and any other information
pertaining to the stability of the pile.
30 CFR 77.216(b) requires plans for
the design and construction of all new
impounding structures to be submitted
in triplicate to and be approved by the
District Manager prior to the beginning
of any work associated with
construction of the impounding
structure.
30 CFR 77.215–3 requires, within 180
days of written notification by the
District Manager of potential hazard, a
certification by a registered engineer to
be filed indicating construction or
modification of the refuse pile. The
yearly report and certification are
required until the District Manager
notifies the operator that the hazard has
been eliminated.
30 CFR 77.216–2 lists the required
information for the impoundment plan.
30 CFR 77.216–2(b) requires any
changes or modifications to be approved
by the District Manager prior to the
modification.
B. Fire Extinguishing Plans
30 CFR 77.215(j) requires the mine
operators to have a plan approved by
the District Manager, with provisions
specifying authorized persons, method,
and procedure in extinguishing fires in
refuse piles.
30 CFR 77.216(e) requires the mine
operator to have a plan approved by the
District Manager, with provisions
specifying authorized persons, method,
and procedure in extinguishing fires in
impounding structures.
C. Abandonment Plans
30 CFR 77.215–4 requires written
notification to the District Manager
when a refuse pile is to be abandoned.
If the refuse pile presents a hazard, it
must be abandoned following a plan
approved by the District Manager.
30 CFR 77.216–5 requires approval
from the District Manager prior to
abandonment of any impoundment
based on current, prudent engineering
practices. An abandonment plan does
not preclude future impoundment of
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Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Notices
water if it is approved by the District
Manager and contains the required
certification by a registered professional
engineer, a certification by the owner,
and a permit.
D. Annual Status Report and
Certification
If the District Manager has determined
that a refuse pile can present a hazard,
30 CFR 77.215–2(c) requires that the
following information is reported every
12 months: topographic map, whether
the refuse pile is burning, measures
taken to prevent impounded water, the
scale of the refuse pile, and stability.
30 CFR 77.216–4 requires that the
submission of a report to the District
Manager every 12 months, including a
certification by a registered professional
engineer. Reports required under 30
CFR 77.216–4(a) contain, among other
things, changes in the geometry of the
impounding structure for the reporting
period; data showing the minimum,
maximum and present depth of the
impoundment; the storage capacity of
the impounding structure; and the
volume of the impounded water,
sediment, or slurry for the reporting
period. The report is not required if a
registered professional engineer certifies
that there have been no changes in the
impoundment.
E. Permanent Identification Marker
Posting
30 CFR 77.215–1 requires permanent
identification markers at least six feet
high to be used to show the refuse pile
identification information.
30 CFR 77.216–1 requires permanent
identification markers at least six feet
high to be used to show the
impoundment identification
information.
F. Weekly Inspections and
Instrumentation Monitoring
30 CFR 77.216–3(a) requires all
impoundments to be examined for
appearances of structural weakness and
other hazardous conditions and all
instruments be monitored at intervals
not exceeding seven days. All
inspections must be performed by a
qualified person designated by the
owner or operator of the impoundment.
30 CFR 77.216–3(b) requires that, in
case of a potentially hazardous
condition, actions to be taken to
eliminate the condition, notify the
District Manager, notify and prepare to
evacuate all coal miners if necessary,
and direct a qualified person to monitor
all instruments and examine the
structure at least once every eight hours.
30 CFR 77.216–3(c) requires results of
examination and instrumentation
monitoring to be promptly recorded,
available at the mine for inspection by
a MSHA inspector. 30 CFR 77.216–3(d)
requires the records include a report of
the action taken to abate hazardous
condition and be promptly signed or
countersigned by the mine foreman or
other designated person.
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Refuse Piles and
Impoundment Structures. MSHA is
particularly interested in comments
that:
•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 DOL–MSHA,
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. Before visiting
MSHA in person, call 202–693–9455 to
make an appointment, in keeping with
the Department of Labor’s COVID–19
policy. Special health precautions may
be required.
III. Current Actions
This information collection request
concerns provisions for Refuse Piles and
Impoundment Structures. MSHA has
updated the data with respect to the
number of respondents, responses,
burden hours, and burden costs
supporting this information collection
request from the previous information
collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0015.
Affected Public: Business or other for-
profit.
Number of Annual Respondents: 907.
Frequency: On occasion.
Number of Annual Responses: 22,533.
Annual Burden Hours: 55,933 hours.
Annual Respondent or Recordkeeper
Cost: $1,55,051.
Comments submitted in response to
this notice will be summarized in the
request for Office of Management and
Budget approval of the proposed
information collection request; they will
become a matter of public record and
will be available at https://
www.reginfo.gov.
Song-ae Aromie Noe,
Certifying Officer, Mine Safety and Health
Administration.
[FR Doc. 2023–17621 Filed 8–15–23; 8:45 am]
BILLING CODE 4510–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
[[OMB Control No. 1219–0127]
Proposed Extension of Information
Collection; Certification and
Qualification To Examine, Test,
Operate Hoists and Perform Other
Duties
AGENCY
: Mine Safety and Health
Administration, Labor.
ACTION
: Request for public comments.
SUMMARY
: 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. This program helps to ensure 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. The Mine Safety and
Health Administration (MSHA) is
soliciting comments on the information
collection for Certification and
Qualification to Examine, Test, Operate
Hoists and Perform Other Duties.
DATES
: All comments must be received
on or before October 16, 2023.
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