Notice2024-16914
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
August 1, 2024
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 89 Issue 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62800-62801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16914]
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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 September 3,
2024.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
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-2024-0017.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#255540514c514c4a4b464a4848404b515665414a490b424a53"><span class="__cf_email__" data-cfemail="ef9f8a9b869b8680818c8082828a819b9caf8b8083c1888099">[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 4th Floor West. Individuals may
inspect copies of the petition and comments during normal
[[Page 62801]]
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, Director, Office of
Standards, Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#9acaffeef3eef3f5f4e9fcf5e8f7f5fef3fcf3f9fbeef3f5f4dafef5f6b4fdf5ec"><span class="__cf_email__" data-cfemail="663603120f120f0908150009140b09020f000f0507120f09082602090a48010910">[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 (Mine Act) 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 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-2024-008-C.
Petitioner: Fossil Rock Resources, LLC, 5125 N Cottonwood Road,
Orangeville, UT 84537.
Mine: Fossil Rock Mine, MSHA ID No. 42-01211, located in Emery
County, Utah.
Regulation Affected: 30 CFR 75.1909(b)(6).
Modification Request: The petitioner requests a modification of the
existing standard, 30 CFR 75.1909(b)(6), to utilize alternative methods
of compliance to permit the use of a road grader without front brakes.
The petitioner states that:
(a) Fossil Rock Mine may use the following model of grader or a
similar model: Getman, Model 1504-C.
(b) The Getman graders were the subject of a previously granted
petition for modification at the Skyline Mine No. 3 and Dugout Canyon
Mine (M-1999-073-C).
(c) The Getman graders will be available for inspection at Skyline
Mine No. 3.
(d) Service brakes on each wheel of the vehicle are designed such
that failure of any single component, except the brake actuation pedal
or other similar actuation device, must not result in a complete loss
of service braking capability.
(e) The mine uses rubber-tired diesel equipment to transport
personnel and supplies down the slope and into the mine. The Getman
graders will be used to maintain the roadways traveled by the rubber-
tired equipment. The coal seam is relatively flat in the areas that
have been mined. At the time of the investigation by MSHA, Fossil Rock
will provide a map which shows elevations to the extent possible.
(f) The Getman graders have a dual brake system on the four rear
wheels and are designed to prevent loss of braking due to a single
component failure. Each of the brake systems features an accumulator
pressure gauge and a low-pressure warning light. The graders also have
a spring applied, hydraulic release wet disc park and supplemental
brake, transmission neutralizer, and test button for park brake
testing. The independent braking systems are designed to operate even
when oil, air, electrical or transmission pressure fails. These systems
provide independent braking systems in lieu of brakes on the front
wheels of the grader.
The petitioner proposes the following alternative method:
(a) Road grader operators shall limit the speed of the diesel
graders to 10 miles per hour (mph) in either direction. This shall be
accomplished by the following:
(1) Permanently blocking out the gear(s) or any gear ratio(s) that
provide higher speeds. The device shall limit the vehicle speed in both
forward and reverse; and
(2) Using transmission(s) and differential(s) geared in accordance
with the equipment manufacturer which limits the maximum speed to 10
mph.
(b) Road grader operators will be trained on the provisions of this
Petition for Modification and this training will be documented on a
5000-23 form. Training will include, but not be limited to the
following:
(1) The braking limitations of the road grader.
(2) The speed of the road grader is limited to 10 mph or less.
(3) The fourth gear is not available.
(4) As the angle of a road or slope increases, speed should be
reduced by operating at a lower gear.
(5) As an alternate means to control the speed of the road grader,
the moldboard can be lowered to the mine floor.
(6) Within 60 days after the Proposed Decision and Order is granted
by MSHA, the Petitioner shall submit proposed revisions for its
approved 30 CFR part 48 training plan. These proposed revisions shall
specify initial and refresher training regarding the conditions
specified in the Petition.
Fossil Rock Mine has no designated miner's representative.
The Petitioner asserts that the alternative method proposed in the
Petition will at all times guarantee no less than the same measure of
protection afforded by 30 CFR 75.1909(b)(6).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-16914 Filed 7-31-24; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on August 1, 2024.
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