Notice2023-11428
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
May 30, 2023
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
<html>
<head>
<title>Federal Register, Volume 88 Issue 103 (Tuesday, May 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Notices]
[Pages 34544-34545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11428]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 June 29, 2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0017 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-2023-0017.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#3b4b5e4f524f525455585456565e554f487b5f5457155c544d"><span class="__cf_email__" data-cfemail="18687d6c716c7177767b7775757d766c6b587c7774367f776e">[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.
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#1b4b7e6f726f727475687d746976747f727d72787a6f7274755b7f7477357c746d"><span class="__cf_email__" data-cfemail="e4b481908d908d8b8a97828b96898b808d828d8785908d8b8aa4808b88ca838b92">[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-2023-005-C.
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
Regulation Affected: 30 CFR 75.507-1(a), Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements.
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.507-1(a), to allow the use of low voltage,
battery-powered non-permissible testing and diagnostic equipment used
in return air outby the last open crosscut.
The petitioner states that:
(a) The mine utilizes the continuous mining and longwall methods of
mining.
(b) Mining equipment, e.g., longwall equipment and continuous
mining machine, occasionally breaks down in areas of the mine where
permissible equipment is required, and it may not be safe or possible
to move the equipment into intake air to perform diagnostics or
repairs.
(c) MSHA-approved permissible diagnostic and testing equipment is
not available for all types of testing and diagnostics.
(d) Accurate testing of electrical systems and diagnosing problems
with such systems in electric mining equipment in return air outby the
last open crosscut is critical to miners' safety.
The petitioner proposes the following alternative method:
(a) Non-permissible electronic testing and diagnostic equipment to
be used includes:
--Hilti PD-E Laser;
--Fluke 922 Airflow Meter Manometer;
--Sharp EL-501X Calculator;
--Fluke 117 Electrician's Multimeter;
--Fluke 1AC Volt Alert Pocket Tester;
--Fluke 2AC Non-Contact Voltage Tester;
--Fluke 177 Digital Multimeter;
--Fluke 381 Remote Display Clamp Meter;
--Fluke 1555 FC 10 kV Insulation Tester;
--Fluke 1550C FC kV Insulation Tester Kit;
--Fluke 1587 FC Multimeter;
--Fluke 773 Milliamp Process Clamp Meter;
--Fluke 87V Industrial Multimeter;
--Fluke 1550C FC kV Insulation Tester Kit; and
--Fluke 789 FC ProcessMeter;
--Texas TI-84 Calculator;
--Texas TI-36X Calculator.
Other testing and diagnostic equipment may be used only if approved
in advance by the MSHA District Manager.
(b) All non-permissible testing and diagnostic equipment used in
return air
[[Page 34545]]
outby the last open crosscut shall be examined by a qualified person as
defined in 30 CFR 75.153 prior to use to ensure the equipment is being
maintained in a safe operating condition. The examination results shall
be recorded in the weekly examination book and made available to MSHA
and the miners at the mine.
(c) A qualified person as defined in 30 CFR part 75.151 shall
continuously monitor for methane immediately before and during the use
of non-permissible electronic testing and diagnostic equipment in
return air outby the last open crosscut.
(d) Non-permissible electronic testing and diagnostic equipment
shall not be used if methane is detected in concentrations at or above
1.0 percent. When 1.0 percent or more methane is detected while the
non-permissible electronic equipment is being used, the equipment shall
be de-energized immediately and withdrawn from the return air outby the
last open crosscut.
(e) All hand-held methane detectors shall be MSHA approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(f) All electronic testing and diagnostic equipment shall be used
in accordance with the safe use procedures recommended by the
manufacturer.
(g) Qualified personnel who use electronic testing and diagnostic
equipment shall be properly trained to recognize the hazards and
limitations associated with use of the equipment.
In support of the proposed alternative method, the petitioner
submitted a list and specifications of the low voltage, battery-powered
non-permissible electronic testing and diagnostic equipment.
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. 2023-11428 Filed 5-26-23; 8:45 am]
BILLING CODE 4520-43-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 30, 2023.
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.