Petition for Modification of Application of Existing Mandatory Safety Standards, 33649-33650 [2023-10986]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices operator; a description of the construction work and methods to be used in construction of the slope or shaft, and whether all or part of the work will be performed by a contractor; the elevation, depth and dimensions of the slope or shaft; the location and elevation of the coalbed; the general characteristics of the strata through which the slope or shaft will be developed; the type of equipment which the operator proposes to use; the system of ventilation to be used; and safeguards for the prevention of caving during excavation. For additional substantive information about this ICR, see the related notice published in the Federal Register on October 24, 2022 (87 FR 64254). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review. Agency: DOL–MSHA. Title of Collection: Slope and Shaft Sinking Plans, 30 CFR 77.1900 (Pertains to the Surface Work Areas of Underground Coal Mines). OMB Control Number: 1219–0019. Affected Public: Businesses or other for-profits institutions. Total Estimated Number of Respondents: 24. Total Estimated Number of Responses: 55. Total Estimated Annual Time Burden: 1,100 hours. Total Estimated Annual Other Costs Burden: $35. DEPARTMENT OF LABOR (Authority: 44 U.S.C. 3507(a)(1)(D).) 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 Nora Hernandez, Departmental Clearance Officer. [FR Doc. 2023–10984 Filed 5–23–23; 8:45 am] BILLING CODE 4510–43–P VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 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 June 23, 2023. ADDRESSES: You may submit comments identified by Docket No. MSHA–2023– 0022 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0022. 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 44 govern the application, processing, and disposition of petitions for modification. SUMMARY: PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 33649 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–2023–013–C. Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, IL 62951. Mine: Mach #1 Mine, MSHA ID No. 11–03141, located in Williamson County, Illinois. Regulation Affected: 30 CFR 75.1909(b)(6), Nonpermissible dieselpowered equipment; design and performance requirements. Modification Request: The petitioner requests a modification of 30 CFR 75.1909(b)(6) to permit operation of the Getman grader No. RDG–1504C, serial No. 6941, without front brakes. The petitioner states that: (a) Road conditions in a coal mine can become very rough to travel on and can pose a serious hazard which exposes miners to an array of injuries. The mine roadways are watered each day to keep dust from being suspended and multiple trailers and equipment travel to and from the working sections, leaving the roadways with ruts and irregularities. (b) If a mine emergency occurs, wellmaintained roadways allow for safer operation of mobile equipment used to evacuate the mine ensuring quicker escape of miners. (c) If a miner is injured including being transported on a back brace, wellmaintained roadways ensure the injured miner does not receive further injury during the ride out of the mine. (d) The grader may also be used to pull equipment from place to place throughout the mine, if necessary. (e) The addition of front brakes to the road grader could cause a loss of control if one of the brakes would lock up during operation. Furthermore, the size, weight, and location of the front brakes would put repair personnel in positions that could subject them to injury. (f) The grader is currently located on the mine surface and is available for inspection by MSHA. The petitioner proposes the following alternative method: (a) The Getman grader No. RDG– 1504C, serial No. 6941 (grader), is and E:\FR\FM\24MYN1.SGM 24MYN1 33650 Federal Register / Vol. 88, No. 100 / Wednesday, May 24, 2023 / Notices will be maintained with 12.00 × 20.00 tires that will limit the speed of the grader to 10 miles per hour. All grader operators will be trained to lower the moldboard in emergency situations and before exiting the operator’s compartment. (b) All grader operators will be trained to recognize appropriate levels of speed for the different road conditions. The grader will not travel up or down the mine slope unassisted. If the grader is taken out of the mine, an additional piece of equipment with adequate braking capacity will be used to assist removing the grader from the mine and take it back into the mine, via the mine slope. (c) Within 60 days after this Proposed Decision and Order (PDO) becomes final, the petitioner will submit a proposed revision for its approved part 48 training plan to the Mine Safety and Health Enforcement District Manager. The PDO will be covered in all task training for every employee that will be operating the grader and will be included in the mine’s annual refresher training. The mine’s management team and workforce will also be trained on the PDO. 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. 2023–10986 Filed 5–23–23; 8:45 am] BILLING CODE 4520–43–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2016–0005] Preparations for the 44th Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of public meeting. ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: This notice is to advise interested persons that OSHA will conduct a hybrid public meeting on June 21, 2023, in advance of the 44th session of the United Nations SubCommittee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) to be held as an in-person SUMMARY: VerDate Sep<11>2014 18:38 May 23, 2023 Jkt 259001 meeting July 10–12, 2023, in Geneva, Switzerland. OSHA, along with the U.S. Interagency Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Coordinating Group, plans to consider the comments and information gathered at this public meeting when developing the U.S. Government positions for the UNSCEGHS meeting. DATES: The hybrid public meeting will take place on June 21, 2023. Specific information for the joint meeting will be posted when available on the OSHA website at https://www.osha.gov/ hazcom/international#meeting-notice. ADDRESSES: This meeting will be a hybrid meeting, meaning it will be held virtually and in person at the Department of Transportation (DOT) Headquarters Conference Center, 1200 New Jersey Avenue SE, Washington, DC 20590. The meeting will be held in the Oklahoma Room. Written Comments: Interested parties may submit comments July 2, 2023, on the Working and Informal Papers for the 44th session of the UNSCEGHS to the docket established for International/ Globally Harmonized System (GHS) efforts at: https://www.regulations.gov, Docket No. OSHA–2016–0005. Registration to Attend and/or to Participate in the Public Meeting: The OSHA and PHMSA sessions will be open to the public on a first-come, firstserved basis, as space is limited. If you are going to attend in person you must register with DOT PHMSA. There will be a remote participation option. Please register for the meeting here: https://www.surveymonkey.com/r/ G5KBH9J. PHMSA’s meeting will be held in person and virtually from the DOT Headquarters, West Building, Conference Center, 1200 New Jersey Avenue SE, Washington, DC in the Oklahoma Conference Room; 9:00 a.m.– 12:00 p.m., ET. TDG Remote Option, https:// www.phmsa.dot.gov/internationalprogram/international-programoverview or call in (audio only) at 509– 931–1572, Phone Conference ID: 636 183 458#. OSHA’s meeting will be held in person and virtually from the DOT Headquarters, West Building, Conference Center, 1200 New Jersey Avenue SE, Washington, DC in the Oklahoma Conference Room; 1:00 p.m.– 4:00 p.m., ET. GHS Remote Option, https://www.phmsa.dot.gov/ international-program/internationalprogram-overview or call in (audio only) 509–931–1572; Phone Conference ID: 611 167 51#. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 Advanced meeting registration information will be posted on the PHMSA website listed below. DOT is committed to providing equal access to this meeting for all participants. If you need interpretation or alternative formats or services because of a disability, such as sign language or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Attendees may use the same form to pre-register for both sessions of the meeting. Failure to pre-register may delay your access into the DOT Headquarters conference call line. Conference call-in and ‘‘Teams meeting’’ capability will be provided for both meetings. Information on how to access the conference call and ‘‘Teams meeting’’ will be posted when available at: https://www.phmsa.dot.gov/ international-program/internationalprogram-overview under Upcoming Events. This information will also be posted on OSHA’s Hazard Communication website on the international tab at: https:// www.osha.gov/hazcom/ international#meeting-notice. FOR FURTHER INFORMATION CONTACT: At the Department of Transportation: Please contact Mr. Steven Webb or Mr. Aaron Wiener, Office of Hazardous Materials Safety, Department of Transportation, telephone: (202) 366– 8553. At the Department of Labor: Please contact Ms. Janet Carter, OSHA Directorate of Standards and Guidance, Department of Labor, telephone: (202) 693–2370, email carter.janet@dol.gov. SUPPLEMENTARY INFORMATION: OSHA will conduct a hybrid (in-person and virtual) public meeting on June 21, 2023, to discuss proposals in preparation for the 44th session of the UNSCEGHS to be held as an in-person meeting July 10–12, 2023, in Geneva, Switzerland. The June 21st public meeting will occur jointly with the DOT PHMSA to discuss proposals in preparation for the 62nd session of the UNSCETDG to be held as an in-person meeting July 3–7, 2023. Advanced meeting registration information for each session will be posted on the PHMSA and OSHA websites. For each of these meetings, OSHA and PHMSA will solicit public input on U.S. government positions regarding proposals submitted by member countries in advance of each meeting. The OSHA Meeting OSHA is hosting an open informal public meeting in advance of the 44th session of the UNSCEGHS which will E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33649-33650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10986]


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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.

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

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 June 23, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0022 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0022.
    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-2023-013-C.
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, IL 
62951.
    Mine: Mach #1 Mine, MSHA ID No. 11-03141, located in Williamson 
County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6), Nonpermissible diesel-
powered equipment; design and performance requirements.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1909(b)(6) to permit operation of the Getman grader No. RDG-
1504C, serial No. 6941, without front brakes.
    The petitioner states that:
    (a) Road conditions in a coal mine can become very rough to travel 
on and can pose a serious hazard which exposes miners to an array of 
injuries. The mine roadways are watered each day to keep dust from 
being suspended and multiple trailers and equipment travel to and from 
the working sections, leaving the roadways with ruts and 
irregularities.
    (b) If a mine emergency occurs, well-maintained roadways allow for 
safer operation of mobile equipment used to evacuate the mine ensuring 
quicker escape of miners.
    (c) If a miner is injured including being transported on a back 
brace, well-maintained roadways ensure the injured miner does not 
receive further injury during the ride out of the mine.
    (d) The grader may also be used to pull equipment from place to 
place throughout the mine, if necessary.
    (e) The addition of front brakes to the road grader could cause a 
loss of control if one of the brakes would lock up during operation. 
Furthermore, the size, weight, and location of the front brakes would 
put repair personnel in positions that could subject them to injury.
    (f) The grader is currently located on the mine surface and is 
available for inspection by MSHA.
    The petitioner proposes the following alternative method:
    (a) The Getman grader No. RDG-1504C, serial No. 6941 (grader), is 
and

[[Page 33650]]

will be maintained with 12.00 x 20.00 tires that will limit the speed 
of the grader to 10 miles per hour. All grader operators will be 
trained to lower the moldboard in emergency situations and before 
exiting the operator's compartment.
    (b) All grader operators will be trained to recognize appropriate 
levels of speed for the different road conditions.
    The grader will not travel up or down the mine slope unassisted. If 
the grader is taken out of the mine, an additional piece of equipment 
with adequate braking capacity will be used to assist removing the 
grader from the mine and take it back into the mine, via the mine 
slope.
    (c) Within 60 days after this Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit a proposed revision for its 
approved part 48 training plan to the Mine Safety and Health 
Enforcement District Manager. The PDO will be covered in all task 
training for every employee that will be operating the grader and will 
be included in the mine's annual refresher training. The mine's 
management team and workforce will also be trained on the PDO.
    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. 2023-10986 Filed 5-23-23; 8:45 am]
BILLING CODE 4520-43-P

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