Petition for Modification of Application of Existing Mandatory Safety Standards, 55044-55045 [2022-19363]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 55044 Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices Regulation Affected: 30 CFR 75.1002 (a), Installation of electric equipment and conductors; permissibility. Modification Request: The petitioner requests a modification of 30 CFR 75.1002 (a) to permit the CleanSpace EX Powered Respirator, an intrinsically safe Powered Air Purifying Respirator (PAPR), to be used within 150 feet of pillar workings or longwall faces as an alternative method for respirable dust protection. The petitioner states that: (a) The petitioner previously used the 3M airstream helmets to provide miners respirable dust protection on the longwall faces. 3M has discontinued the Airstream helmet and there are no other MSHA approved PAPRs available. (b) The CleanSpace EX Power Unit, manufactured by CleanSpace, has been determined to be intrinsically safe under IECEx and other countries’ standards which provide the same level of protection. (c) The CleanSpace EX is certified by UL under the ANSI/UL 60079–11 standard to be used in hazardous locations because it meets the intrinsic safety protection level and is acceptable in other jurisdictions to use in mines with the potential for methane accumulation. (d) CleanSpace is not pursuing MSHA approval. The petitioner proposes the following alternative method: (a) The equipment will be examined at least weekly by a qualified person according to 30 CFR 75.512–2. Examination results will be recorded weekly and may be expunged after 1 year. (b) The petitioner will comply with 30 CFR 75.320. (c) A qualified person under 30 CFR 75.151 will monitor for methane as is required by the standard in the affected area of the mine. (d) When not in operation, batteries for the PAPR will be charged on the surface or underground in intake air and in return air outby the last open crosscut. (e) The following battery charging products will be used: PAF–0066, PAF– 1100 (f) Qualified miners will receive training regarding how to safely use, care for, and inspect the PAPR, and on the Decision and Order before using equipment in the relevant part of the mine. (g) A record of the training will be kept and available upon request. The petitioner asserts that the alternative method proposed will at all times guarantee no less than the same VerDate Sep<11>2014 18:19 Sep 07, 2022 Jkt 256001 measure of protection afforded the miners under the mandatory standard. Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2022–19361 Filed 9–7–22; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Mine Safety and Health Administration Petition for Modification of Application of Existing Mandatory Safety Standards Mine Safety and Health Administration, Labor. ACTION: Notice. AGENCY: 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 October 11, 2022. ADDRESSES: You may submit comments identified by Docket No. MSHA–2022– 045 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2022–045. 2. Fax: 202–693–9441. 3. Email: petitioncomments@dol.gov. 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), Petitionsformodification@ dol.gov (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 SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 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–2022–015–C. Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg, Pennsylvania, 15370. Mine: Cumberland Mine, MSHA ID No. 36–05018, located in Greene County, Pennsylvania. Regulation Affected: 30 CFR 75.500(d), Permissible electric equipment. Modification Request: The petitioner requests a modification of 30 CFR 75.500(d) to permit the CleanSpace EX Powered Respirator, an intrinsically safe Powered Air Purifying Respirator (PAPR), to be taken into or used inby the last crosscut as an alternative method for respirable dust protection. The petitioner states that: (a) The petitioner previously used the 3M airstream helmets to provide miners respirable dust protection on the longwall faces. 3M has discontinued the Airstream helmet and there are no other MSHA approved PAPRs available. (b) The CleanSpace EX Power Unit, manufactured by CleanSpace, has been determined to be intrinsically safe under IECEx and other countries’ standards which provide the same level of protection. (c) The CleanSpace EX is certified by UL under the ANSI/UL 60079–11 standard to be used in hazardous locations because it meets the intrinsic safety protection level and is acceptable in other jurisdictions to use in mines with the potential for methane accumulation. (d) CleanSpace is not pursuing MSHA approval. The petitioner proposes the following alternative method: E:\FR\FM\08SEN1.SGM 08SEN1 Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices (a) The equipment will be examined at least weekly by a qualified person according to 30 CFR 75.512–2. Examination results will be recorded weekly and may be expunged after 1 year. (b) The petitioner will comply with 30 CFR 75.320. (c) A qualified person under 30 CFR 75.151 will monitor for methane as is required by the standard in the affected area of the mine. (d) When not in operation, batteries for the PAPR will be charged on the surface or underground in intake air and in return air outby the last open crosscut. (e) The following battery charging products will be used: PAF–0066, PAF– 1100. (f) Qualified miners will receive training regarding how to safely use, care for, and inspect the PAPR, and on the Decision and Order before using equipment in the relevant part of the mine. (g) A record of the training will be kept and available upon request. 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. are available at www.prc.gov, Docket Nos. MC2022–102, CP2022–106. SECURITIES AND EXCHANGE COMMISSION Ruth Stevenson, Chief Counsel, Ethics and Legal Compliance. [Release No. 34–95654; File No. SR–ICC– 2022–012] [FR Doc. 2022–19439 Filed 9–7–22; 8:45 am] Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change Relating to the Clearing Rules BILLING CODE 7710–12–P September 1, 2022. OFFICE OF SCIENCE AND TECHNOLOGY POLICY Request for Information; Identifying Critical Needs To Inform a Federal Decadal Strategic Plan for the Interagency Council for Advancing Meteorological Services; Correction Office of Science and Technology Policy (OSTP). AGENCY: Notice of request for information (RFI); correction. ACTION: Song-ae Aromie Noe, Director, Office of Standards, Regulations, and Variances. The Office of Science and Technology Policy (OSTP) and the National Oceanic and Atmospheric Administration (NOAA), on behalf of the Interagency Council for Advancing Meteorological Services (ICAMS), published a document on August 19, 2022, concerning request for information. The document contained an incorrect email address for comments. [FR Doc. 2022–19363 Filed 9–7–22; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4520–43–P Scott Weaver, 202–456–4444. SUMMARY: SUPPLEMENTARY INFORMATION: POSTAL SERVICE Correction Product Change—Priority Mail Negotiated Service Agreement In the Federal Register on August 19, 2022, in FR Doc. 2022–17894, on page 51180, in the second column, correct the FOR FURTHER INFORMATION CONTACT section to correct the email address, which should read as follows: Postal ServiceTM. Notice. AGENCY: ACTION: The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule’s Competitive Products List. DATES: Date of required notice: September 8, 2022. FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202–268–8405. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on August 30, 2022, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Contract 759 to Competitive Product List. Documents khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:19 Sep 07, 2022 Jkt 256001 55045 For additional information, please direct questions to Scott Weaver at icams.portal@noaa.gov or 202–456– 4444. FOR FURTHER INFORMATION CONTACT: Dated: August 29, 2022. Stacy Murphy, Operations Manager. [FR Doc. 2022–18959 Filed 9–7–22; 8:45 am] I. Introduction On July 19, 2022, ICE Clear Credit LLC (‘‘ICE Clear Credit’’ or ‘‘ICC’’) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 a proposed rule change to amend its Rules to permit it to take advantage of certain settlement finality protections under applicable United Kingdom (‘‘UK’’) and European Union (‘‘EU’’) law. The proposed rule change was published for comment in the Federal Register on July 29, 2022.3 The Commission did not receive comments regarding the proposed rule change. For the reasons discussed below, the Commission is approving the proposed rule change. II. Description of the Proposed Rule Change A. Background The EU Settlement Finality Directive 4 introduced various insolvency-related protections in relation to ‘‘designated systems’’ used by EU participants to transfer financial instruments and payments, and participation in those systems. The Settlement Finality Directive aims to ensure that as a matter of EU member state laws, transfer orders which enter into such systems are finally settled, regardless of whether the sending participant has gone into an insolvency process. Transfer orders for this purpose include instructions to make cash payments (including margin payments) and instructions to transfer securities (including as margin or in physical settlement of a cleared transaction, if applicable). Under the Settlement Finality Directive, transfer orders and related netting arrangements are enforceable, even in the event of insolvency proceedings against a participant, provided that the transfer BILLING CODE 3270–F2–P PO 00000 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of Filing of Proposed Rule Change Relating to the Clearing Rules; Exchange Act Release No. 95357 (July 25, 2022); 87 FR 45840 (July 29, 2022) (File No. SR–ICC–2022–012) (‘‘Notice’’). 4 EU Directive 98/26/EC. 2 17 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55044-55045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19363]


-----------------------------------------------------------------------

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 October 11, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
045 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-045.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    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), 
[email protected] (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-2022-015-C.
    Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg, 
Pennsylvania, 15370.
    Mine: Cumberland Mine, MSHA ID No. 36-05018, located in Greene 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.500(d), Permissible electric 
equipment.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.500(d) to permit the CleanSpace EX Powered Respirator, an 
intrinsically safe Powered Air Purifying Respirator (PAPR), to be taken 
into or used inby the last crosscut as an alternative method for 
respirable dust protection.
    The petitioner states that:
    (a) The petitioner previously used the 3M airstream helmets to 
provide miners respirable dust protection on the longwall faces. 3M has 
discontinued the Airstream helmet and there are no other MSHA approved 
PAPRs available.
    (b) The CleanSpace EX Power Unit, manufactured by CleanSpace, has 
been determined to be intrinsically safe under IECEx and other 
countries' standards which provide the same level of protection.
    (c) The CleanSpace EX is certified by UL under the ANSI/UL 60079-11 
standard to be used in hazardous locations because it meets the 
intrinsic safety protection level and is acceptable in other 
jurisdictions to use in mines with the potential for methane 
accumulation.
    (d) CleanSpace is not pursuing MSHA approval.
    The petitioner proposes the following alternative method:

[[Page 55045]]

    (a) The equipment will be examined at least weekly by a qualified 
person according to 30 CFR 75.512-2. Examination results will be 
recorded weekly and may be expunged after 1 year.
    (b) The petitioner will comply with 30 CFR 75.320.
    (c) A qualified person under 30 CFR 75.151 will monitor for methane 
as is required by the standard in the affected area of the mine.
    (d) When not in operation, batteries for the PAPR will be charged 
on the surface or underground in intake air and in return air outby the 
last open crosscut.
    (e) The following battery charging products will be used: PAF-0066, 
PAF-1100.
    (f) Qualified miners will receive training regarding how to safely 
use, care for, and inspect the PAPR, and on the Decision and Order 
before using equipment in the relevant part of the mine.
    (g) A record of the training will be kept and available upon 
request.
    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. 2022-19363 Filed 9-7-22; 8:45 am]
BILLING CODE 4520-43-P

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