Notice2022-23004
Petition for Modification of Application of Existing Mandatory Safety Standards
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
October 24, 2022
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
This notice is a 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 204 (Monday, October 24, 2022)</title>
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[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64252-64253]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23004]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a 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 November 23,
2022.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
052 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-2022-052.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#601005140914090f0e030f0d0d050e141320040f0c4e070f16"><span class="__cf_email__" data-cfemail="3d4d584954495452535e5250505853494e7d595251135a524b">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
[[Page 64253]]
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.
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#411124352835282e2f32272e332c2e25282728222035282e2f01252e2d6f262e37"><span class="__cf_email__" data-cfemail="b3e3d6c7dac7dadcddc0d5dcc1dedcd7dad5dad0d2c7dadcddf3d7dcdf9dd4dcc5">[email protected]</span></a> (email), or 202-693-9441 (fax). [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 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-2022-021-C.
Petitioner: M&D Anthracite Coal Company, 71 Hill Road, Hegins,
Pennsylvania, 17938.
Mine: Slope #1, MSHA ID No. 36-09976, located in Schuylkill County,
Pennsylvania.
Regulation Affected: 30 CFR 75.1400, Hoisting equipment; general.
Modification Request: The petitioner requests a modification of 30
CFR 75.1400 to permit operating the gunboat without safety catches or
other no less effective devices to transport persons.
The petitioner states that:
(a) No such safety catch or device is available for steeply
pitching and undulating slopes with numerous curves and knuckles
present in the main haulage slopes of Anthracite mines.
(b) Anthracite mine slopes range in length from 30 to 4,200 feet
and vary in pitch from 12 to 75 degrees.
(c) Since a functional safety catch has not yet been developed,
makeshift devices, if installed, would be activated on knuckles and
curves, causing a tumbling effect on the conveyance. Such tumbling
would increase rather than decrease the hazard to miners.
The petitioner proposes the following alternative method:
(a) Operating the cage or steel gunboat with secondary safety
connections that are securely fastened around the gunboat and to the
hoisting rope above the main connecting device.
(b) Using strong hoisting ropes--those with the safety factors that
are greater than the 4 to 8 to 1 ratio recommended by the American
National Standard for Wire Rope for Mines.
The petitioner asserts that the alternative 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. 2022-23004 Filed 10-21-22; 8:45 am]
BILLING CODE 4520-43-P
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