Notice2022-08829
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
April 26, 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 80 (Tuesday, April 26, 2022)</title>
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[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24591-24592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08829]
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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 May 26, 2022.
ADDRESSES: You may submit your comments identified by the Docket No.
MSHA-2022-0021 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-2022-0021.
2. Facsimile: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#106075647964797f7e737f7d7d757e646350747f7c3e777f66"><span class="__cf_email__" data-cfemail="82f2e7f6ebf6ebedece1edefefe7ecf6f1c2e6edeeace5edf4">[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, 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#b6c6d3c2dfc2dfd9d8c5d0d9c4dbd9d2dfd0dfd5d7c2dfd9d8f6d2d9da98d1d9c0"><span class="__cf_email__" data-cfemail="d8a8bdacb1acb1b7b6abbeb7aab5b7bcb1beb1bbb9acb1b7b698bcb7b4f6bfb7ae">[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.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2022-006-C.
Petitioner: ICG Beckley, LLC, P.O. Box 49, Eccles, West Virginia
25836.
Mine: Beckley Pocahontas Mine, MSHA ID No. 46-05252, located in
Raleigh County, West Virginia.
Regulation Affected: 30 CFR 75.312 (c), Mine Fan Examination and
Records.
Modification Request: The petitioner requests a modification of the
existing mandatory standard, 30 CFR 75.312 (c), as it relates to
examination requirements. ICG Beckley, LLC is requesting a petition for
modification for the following reasons (1) Beckley Pocahontas Mine
produces 4.9M cubic feet of methane according to the last total
liberation results and (2) Stopping the 2,500 horsepower (HP) motor can
create unnecessary electrical and mechanical wear on the motor.
[[Page 24592]]
The petitioner states in lieu of shutting the fan down, the
following measures will be implemented:
(a) A dispatcher is on duty at all times that persons are
underground.
(b) The fan signal is located in the dispatcher's office where it
is easily heard.
(c) The existing automatic fan signal device is a Circular Chart
Recorder.
(d) The fan signal is activated when the fan pressure falls below 3
inches of water gauge as measured by the chart recorder.
(e) A back-up fan that provides the same quantity of air as the
main fan and can easily be started is provided and ready for use.
(f) Both the main mine fan and back-up fan have operating pressures
of approximately 6 inches of water gauge as measured by the chart
recorder.
(g) A ball valve will be installed in the tubing connecting the fan
ductwork to the chart recorder to permit continuous monitoring of the
fan pressure while the fan is running.
(h) During the 31-day check in accordance with 30 CFR 75.312 (c),
the ball valve to the fan ductwork will be closed allowing the pressure
to the chart recorder to drop and signal the alarm.
(i) The fan pressure signal will be tested by closing the ball
valve to simulate pressure loss.
(j) Twice per year, the fan signal will be tested by shutting the
fan down in accordance with 30 CFR 75.312 (c).
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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-08829 Filed 4-25-22; 8:45 am]
BILLING CODE 4520-43-P
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