Notice2023-13176
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
June 21, 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
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40334-40335]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13176]
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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 July 21, 2023.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0031 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-2023-0031.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#1c6c796875687573727f7371717972686f5c787370327b736a"><span class="__cf_email__" data-cfemail="93e3f6e7fae7fafcfdf0fcfefef6fde7e0d3f7fcffbdf4fce5">[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#b2e2d7c6dbc6dbdddcc1d4ddc0dfddd6dbd4dbd1d3c6dbdddcf2d6ddde9cd5ddc4"><span class="__cf_email__" data-cfemail="9dcdf8e9f4e9f4f2f3eefbf2eff0f2f9f4fbf4fefce9f4f2f3ddf9f2f1b3faf2eb">[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.
[[Page 40335]]
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-2023-017-C.
Petitioner: Peter Shingara Jr. Mining, 315 Shingara Lane, Sunbury,
Pennsylvania 17801.
Mine: No. 1 Slope Operation, MSHA ID No. 36-10008, located in
Northumberland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1200, Mine map.
Modification Request: The petitioner requests a modification of 30
CFR 75.1200--specifically clauses (d) and (i). The petitioner requests
that the substitution of cross-sections be permitted, in lieu of
contour lines through the intake slope, at locations of rock tunnel
connections between coal veins, and at 1,000 feet intervals of advance
from the intake slope. The petitioner also requests for limiting the
required mappings of mine workings above and below to those present
within 100 feet of the vein(s) being mined unless these veins are
interconnected to other veins beyond the 100 feet limit, through rock
tunnels.
The petitioner states that:
(a) Due to steep pitch encountered in mining anthracite coal veins,
contour lines of elevations provide no useful information, and their
depiction would make portions of the map illegible.
(b) Mining activities at the mine are either second mining of
remnant pillars from previous mining or the mining of coal veins of
lower quality in proximity to inaccessible and frequently flooded
abandoned mine workings which may or may not be mapped.
(c) The mine workings above and below are usually inactive and
abandoned and not subject to change during the life of the mine.
The petitioner proposes the following alternative method:
(a) Cross-sections shall be used in lieu of contour lines on mine
maps to provide critical information relative to the spacing between
veins and proximity to other mine workings which fluctuate
considerably.
(b) All mapping for mines above and below shall be researched by a
contract engineer for the presence of interconnecting rock tunnels
between coal veins in relation to the mine and a hazard analysis done
when mapping indicates the presence of known or potentially flooded
workings.
(c) Mine workings found beyond 100 feet from the mine, when no rock
tunnel connections are found, shall be recognized as presenting no
hazard to the mine due to the pitch of the vein and rock separation.
(d) Where evidence indicates prior mining was conducted on a coal
vein above or below the mine and there is no available mine map, the
vein shall be considered to be mined and flooded, and appropriate
precautions shall be taken, as required by 30 CFR 75.388.
(e) Where potential hazards exist and in-mine drilling capabilities
limit penetration, surface boreholes shall be used to intercept the
workings and the results analyzed prior to the beginning of mining in
the affected area.
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. 2023-13176 Filed 6-20-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on June 21, 2023.
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