Petition for Modification of Application of Existing Mandatory Safety Standards, 40334-40335 [2023-13176]

Download as PDF 40334 Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 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: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0029. 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. 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. VerDate Sep<11>2014 18:36 Jun 20, 2023 Jkt 259001 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 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: PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 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 July 21, 2023. ADDRESSES: You may submit comments identified by Docket No. MSHA–2023– 0031 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0031. 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: 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. E:\FR\FM\21JNN1.SGM 21JNN1 Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices In addition, sections 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification. lotter on DSK11XQN23PROD with NOTICES1 II. Petition for Modification Docket Number: M–2023–017–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 75.1200, Mine map. Modification Request: The petitioner requests a modification of 30 CFR 75.1200—specifically clauses (d) and (i). The petitioner requests that the substitution of cross-sections be permitted, in lieu of contour lines through the intake slope, at locations of rock tunnel connections between coal veins, and at 1,000 feet intervals of advance from the intake slope. The petitioner also requests for limiting the required mappings of mine workings above and below to those present within 100 feet of the vein(s) being mined unless these veins are interconnected to other veins beyond the 100 feet limit, through rock tunnels. The petitioner states that: (a) Due to steep pitch encountered in mining anthracite coal veins, contour lines of elevations provide no useful information, and their depiction would make portions of the map illegible. (b) Mining activities at the mine are either second mining of remnant pillars from previous mining or the mining of coal veins of lower quality in proximity to inaccessible and frequently flooded abandoned mine workings which may or may not be mapped. (c) The mine workings above and below are usually inactive and abandoned and not subject to change during the life of the mine. The petitioner proposes the following alternative method: (a) Cross-sections shall be used in lieu of contour lines on mine maps to provide critical information relative to the spacing between veins and proximity to other mine workings which fluctuate considerably. (b) All mapping for mines above and below shall be researched by a contract engineer for the presence of interconnecting rock tunnels between coal veins in relation to the mine and a hazard analysis done when mapping indicates the presence of known or potentially flooded workings. (c) Mine workings found beyond 100 feet from the mine, when no rock tunnel connections are found, shall be recognized as presenting no hazard to VerDate Sep<11>2014 18:36 Jun 20, 2023 Jkt 259001 the mine due to the pitch of the vein and rock separation. (d) Where evidence indicates prior mining was conducted on a coal vein above or below the mine and there is no available mine map, the vein shall be considered to be mined and flooded, and appropriate precautions shall be taken, as required by 30 CFR 75.388. (e) Where potential hazards exist and in-mine drilling capabilities limit penetration, surface boreholes shall be used to intercept the workings and the results analyzed prior to the beginning of mining in the affected area. 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. 2023–13176 Filed 6–20–23; 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 July 21, 2023. ADDRESSES: You may submit comments identified by Docket No. MSHA–2023– 0028 by any of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments for MSHA–2023–0028. 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 SUMMARY: PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 40335 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. 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–2023–014–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 75.1002(a), Installation of electric equipment and conductors; permissibility. Modification Request: The petitioner requests a modification of 30 CFR 75.1002(a) to permit use of nonpermissible electric equipment, including drags and battery locomotives, within 150 feet of the pillar line. The petitioner states that: (a) The mine is a pitching anthracite mine. (b) The use of drags on less than moderate pitching veins (less than 20 degrees pitch) is the only practical system of mining for the mine. E:\FR\FM\21JNN1.SGM 21JNN1

Agencies

[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40334-40335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13176]


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

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 July 21, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0031 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0031.
    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.

[[Page 40335]]

    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-2023-017-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 75.1200, Mine map.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1200--specifically clauses (d) and (i). The petitioner requests 
that the substitution of cross-sections be permitted, in lieu of 
contour lines through the intake slope, at locations of rock tunnel 
connections between coal veins, and at 1,000 feet intervals of advance 
from the intake slope. The petitioner also requests for limiting the 
required mappings of mine workings above and below to those present 
within 100 feet of the vein(s) being mined unless these veins are 
interconnected to other veins beyond the 100 feet limit, through rock 
tunnels.
    The petitioner states that:
    (a) Due to steep pitch encountered in mining anthracite coal veins, 
contour lines of elevations provide no useful information, and their 
depiction would make portions of the map illegible.
    (b) Mining activities at the mine are either second mining of 
remnant pillars from previous mining or the mining of coal veins of 
lower quality in proximity to inaccessible and frequently flooded 
abandoned mine workings which may or may not be mapped.
    (c) The mine workings above and below are usually inactive and 
abandoned and not subject to change during the life of the mine.
    The petitioner proposes the following alternative method:
    (a) Cross-sections shall be used in lieu of contour lines on mine 
maps to provide critical information relative to the spacing between 
veins and proximity to other mine workings which fluctuate 
considerably.
    (b) All mapping for mines above and below shall be researched by a 
contract engineer for the presence of interconnecting rock tunnels 
between coal veins in relation to the mine and a hazard analysis done 
when mapping indicates the presence of known or potentially flooded 
workings.
    (c) Mine workings found beyond 100 feet from the mine, when no rock 
tunnel connections are found, shall be recognized as presenting no 
hazard to the mine due to the pitch of the vein and rock separation.
    (d) Where evidence indicates prior mining was conducted on a coal 
vein above or below the mine and there is no available mine map, the 
vein shall be considered to be mined and flooded, and appropriate 
precautions shall be taken, as required by 30 CFR 75.388.
    (e) Where potential hazards exist and in-mine drilling capabilities 
limit penetration, surface boreholes shall be used to intercept the 
workings and the results analyzed prior to the beginning of mining in 
the affected area.
    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. 2023-13176 Filed 6-20-23; 8:45 am]
BILLING CODE 4520-43-P

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