Notice2022-04528
Petition for Modification of Application of an Existing Mandatory Safety Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 4, 2022
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice includes the summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.
Full Text
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<title>Federal Register, Volume 87 Issue 43 (Friday, March 4, 2022)</title>
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[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12487-12488]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04528]
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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.
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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 April 4, 2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0007 by any of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments for MSHA-2022-0007.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#7a0a1f0e130e131514191517171f140e093a1e1516541d150c"><span class="__cf_email__" data-cfemail="ed9d889984998482838e8280808883999ead898281c38a829b">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452.
Attention: S. Aromie Noe, Acting 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. 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 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: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#a0d0c5d4c9d4c9cfced3c6cfd2cdcfc4c9c6c9c3c1d4c9cfcee0c4cfcc8ec7cfd6"><span class="__cf_email__" data-cfemail="0c7c697865786563627f6a637e616368656a656f6d786563624c686360226b637a">[email protected]</span></a> (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 (Secretary)
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.
3. In addition, sections 44.10 and 44.11 of 30 CFR establish the
[[Page 12488]]
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2022-001-M.
Petitioner: American Mine Services, LLC, 11808 Highway 93, Boulder,
CO 80303.
Mine: Joliet Mine, MSHA ID No. 11-03153, located in Will County,
Illinois.
Regulation Affected: 30 CFR 49.6(1)(a), Equipment and Maintenance
Requirements.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 49.6(1)(a), as it relates to equipment and
maintenance requirements. The request for modification applies to the
application of the standard to allow American Mine Services, LLC (AMS)
to continue to provide a rescue station at the mine with only six self-
contained breathing apparatuses instead of the twelve prescribed in the
standard and continue the contract with the Lafarge Mine Rescue Team
that has twelve apparatuses.
The petitioner states:
(a) The primary mine rescue team consists of AMS, 150 Union
members, and Bluff City personnel, and the Lafarge Aggregates Illinois,
Inc. team serves as the backup. The mine currently has a mine rescue
station with 6 readily available self-contained apparatuses. The onsite
mine rescue station contains all other required equipment and meets all
other requirements of 30 CFR 49.6. The Joliet mine has and will
continue to maintain a written contract with Lafarge Aggregates
Illinois to serve as the second rescue team for the mine.
(b) Lafarge Aggregates Illinois has 12 readily available self-
contained apparatuses at the mine rescue station where that rescue team
is stationed.
(c) The availability of 18 self-contained breathing apparatuses
with the onsite mine rescue team and station will at all times
guarantee no less than the same measure of protection for miners
afforded by the standard. It is due to these circumstances that AMS
requests approval for modification to CFR 49.6(a)(1) and continue to
operate in the same manner that has been present since the start of the
contract with Bluff City in 2020.
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 applicable standard
Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-04528 Filed 3-3-22; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on March 4, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.