Notice2025-03389
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
March 3, 2025
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 Grefco Minerals, LLC.
Full Text
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<title>Federal Register, Volume 90 Issue 40 (Monday, March 3, 2025)</title>
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[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Notices]
[Pages 11076-11077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03389]
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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 Grefco
Minerals, LLC.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before April 2, 2025.
ADDRESSES: You may submit comments identified by Docket No. MSHA-2025-
0023 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-2025-0023.
2. Fax: 202-693-9441.
3. Email: <a href="/cdn-cgi/l/email-protection#2d5d485944594442434e4240404843595e6d494241034a425b"><span class="__cf_email__" data-cfemail="027267766b766b6d6c616d6f6f676c767142666d6e2c656d74">[email protected]</span></a>.
4. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 200 Constitution Ave. NW, Washington, DC
20210.
Attention: S. Aromie Noe, Director, Office of Standards,
Regulations, and Variances. Persons delivering documents are required
to check in at the receptionist's desk. 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.
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#376752435e435e5859445158455a58535e515e5456435e58597753585b19505841"><span class="__cf_email__" data-cfemail="c696a3b2afb2afa9a8b5a0a9b4aba9a2afa0afa5a7b2afa9a886a2a9aae8a1a9b0">[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-2025-002-M.
Petitioner: Grefco Minerals, LLC, 36904 Summit Lake Road, Burney,
CA 96013.
Mine: Grefco Mine & Mill, MSHA ID No. 26-00125, located in Nye
County, Nevada.
Regulation Affected: 30 CFR 56.20001, Intoxicating beverages and
narcotics.
Modification Request: The petitioner requests a modification of 30
CFR 56.20001 to permit alcohol stow-fermented from starch bearing an
alcohol content of less than 10 percent alcohol by volume (``ABV''),
commonly called ``beer'', to be at the Grefco plant for the purpose of
use in chemical testing that is part of product quality control and
research.
The petitioner states that:
(a) Grefco requests that it be permitted to:
(1) Store containers of beer at the plant in secure locations, with
restricted access;
(2) Use beer for purposes of quality control testing, statistical
method control testing, and research testing; and
(3) Store open containers of beer that may be used during more than
one testing event at the Grefco Mine & Mill, in secure locations, with
restricted access.
(b) Grefco does not seek modification of any other part of the
standard. The consumption of any intoxicating beverages and narcotics
(including beer) shall be prohibited, and persons under the influence
of alcohol or narcotics (including beer) shall be prohibited, and
persons under the influence of alcohol or narcotics shall not be
permitted on site.
(c) The purpose of 30 CFR 56.20001 is to protect miners by ensuring
that miners do not have access to intoxicating beverages and narcotics
at mines, and that miners are not under the influence of intoxicating
beverages and narcotics while on the job. Grefco agrees with the
purpose of the standard. The use of intoxicating beverages is not
tolerated at Grefco. However, for commercial purposes, Grefco requires
that containers of beer be stored at Grefco so that Grefco may conduct
appropriate quality control and research testing.
(d) Grefco believes that the proposed modifications may be
accomplished in a manner that ensures miners do not have access to the
beer that Grefco will use for testing purposes.
(e) The Grefco Mine and Mill is a surface diatomaceous earth
(``DE'') mine and processing facility. Mined DE is processed by Grefco
to create finished DE products (``the marketable products''). One of
the commercial applications of the marketable products is a filtration
agent utilized during the brewing process for beer. The marketable
products are integrated onto a fine mesh screen, with other
ingredients, thereby creating a ``filter cake.'' At the end of the
brewing process, following fermentation, which results in the creation
of the alcohol-containing liquid that is called ``beer'', the beer is
passed through the filter cake to remove undesirable containments. This
results in higher clarity of the beer, which is commercially desirable.
(f) Grefco is filing this petition because 30 CFR 56.20001
prohibits intoxicating beverages on or around mines. Grefco's mining
operations require that containers of beer, less than l0 percent ABV,
be located at the Grefco plant in order to conduct quality control
testing of the marketable products, and to perform research testing to
ensure that the marketable products are suitable for use in beer
brewing. Beer industry customers are at the core of Grefco's business.
(g) Although DE can be an excellent filtration aid in the
production of beer, it also contains naturally occurring iron, which is
undesirable in beer production. If the beer absorbs too much iron, the
beer will develop a bitter taste, which is not commercially desirable.
Soluble iron in beer also has a deleterious effect on beer stability,
which is also not commercially desirable. Accordingly, one of the most
critical properties of the marketable products is its beer-soluble iron
(``BSI'') content.
(h) In order to ensure that the marketable products meet the BSI
and other applicable specifications, Grefco must engage in testing on-
site at the
[[Page 11077]]
Grefco plant to identify the BSI content of the marketable products as
they are processed. Specifications for BSI in the marketable products
are measured at the parts per million level. Grefco warrants maximum
BSI content in marketable products sold to the beer industry. In order
to (1) adequately control the production of marketable products, and
(2) release marketable products within customers' specifications, it is
essential to conduct in-process, finished product and research testing
of the marketing products. The number of actual BSI tests conducted
daily at the Grefco plant can range from five to thirty per day. This
testing methodology conforms to that recommended by the American
Society of Brewing Chemists.
(i) Because this on-site testing and research activity requires
that beer be stored and used at the Grefco plant, which is prohibited
by 30 CFR 56.20001 there is a need for this petition.
(j) The alternate method proposed by the petitioner will at all
times guarantee no less than the same measure of protection under the
mandatory standard.
The petitioner proposes the following alternative method:
(a) Beer used in lab procedures shall be ordered by a lab
technician or other responsible designee who will arrange for the
supply of beer to be purchased and delivered to the appropriate person/
department for receipt.
(b) When the beer is received, the amount shall be recorded on a
log or other equivalent form.
(c) The bottles shall be initialed or marked in some way across the
label with permanent marker, prior to storage, to easily identify
containers purchased for testing purposes.
(d) Beer shall be stored in a steel locking cabinet. The key shall
be kept by the lab technician or other designee(s). A copy of the key
to the locking steel cabinet shall be kept by the Quality Manager or
other responsible person.
(e) A record of use shall be kept on the log or equivalent form to
include the amount, date used, and initials of the person acquiring the
product for testing purposes.
(f) When testing has concluded the remaining degassed beer shall be
disposed of appropriately by dumping down the drain or other disposal
means.
(g) Empty containers shall be kept in the locking cabinet or
designated receptacle until they can be disposed of properly.
(t) The miners at Grefco Minerals, LLC, Grefco Mine & Mill, are not
represented by a labor organization; however, a copy of this petition
has been provided to the representative of the miners at the mine
January 10, 2025.
The petitioner asserts that the alternative method will 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. 2025-03389 Filed 2-28-25; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on March 3, 2025.
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