Notice2023-13177
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 40333-40334]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13177]
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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
[[Page 40334]]
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-
0029 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-2023-0029.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#08786d7c617c6167666b6765656d667c7b486c6764266f677e"><span class="__cf_email__" data-cfemail="83f3e6f7eaf7eaecede0eceeeee6edf7f0c3e7ecefade4ecf5">[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#a4f4c1d0cdd0cdcbcad7c2cbd6c9cbc0cdc2cdc7c5d0cdcbcae4c0cbc88ac3cbd2"><span class="__cf_email__" data-cfemail="eebe8b9a879a8781809d88819c83818a8788878d8f9a878180ae8a8182c0898198">[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-2023-015-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 75.1400, Hoisting equipment; general.
Modification Request: The petitioner requests a modification of 30
CFR 75.1400 to permit operating the gunboat used to transport persons
without safety catches or other no less effective devices.
The petitioner states that:
(a) Safety catches or devices are not available for gunboats
operating in steeply pitching and undulating slopes with numerous
curves and knuckles present in the main haulage slopes of Anthracite
mines.
(b) The mine's 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 been developed,
makeshift devices, if installed, could be activated on knuckles and
curves, causing a tumbling effect on the conveyance. Such tumbling
would increase the hazard to miners.
The petitioner proposes the following alternative method:
(a) The cage or steel gunboat shall be operated with secondary
safety connections that are securely fastened around the gunboat and to
the hoisting rope above the main connecting device.
(b) Hoisting ropes shall be used with 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 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. 2023-13177 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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