[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Notices]
[Pages 26953-26954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12096]


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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 July 12, 2017.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, 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 a copy of the petition and

[[Page 26954]]

comments during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [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 
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. That the application of such standard to such mine will 
result in a diminution of safety to the miners in such mine.

    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2017-008-C.
    Petitioner: Excel Mining LLC, 4126 State Highway 194 West, 
Pikeville, Kentucky 41501.
    Mine: Excel Mining #4 Mine MSHA I.D. No. 15-19515, located in Pike 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel 
powered equipment; design and performance requirements).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow use of a six-wheeled Dapco Roadbuilder, 
model DP-10G, serial number 003, as it was originally designed without 
front brakes. The petitioner states that:
    (1) The Dapco Roadbuilder has a braking system on the four rear 
wheels that is designed to prevent loss of braking due to a single 
brake system component failure.
    (2) The petitioner will train the grader operator to limit the 
maximum speed of the Roadbuilder to 10 miles per hour (MPH) by 
permanently blocking out any gear that would provide a higher speed 
than 10 MPH, to use transmission and differential ratios that would 
limit the maximum speed to 10 MPH, to recognize the appropriate speeds 
to use on different roadway conditions and different grades/
undulations, and to lower the front push blade, grader blade, or digger 
forks for additional stopping capability in emergency situations.
    The petitioner asserts that the design of the Dapco Roadbuilder 
guarantees no less than the same measure of protection afforded by the 
existing standard because the machine's braking system is adequate to 
stop the machine due to the weight distribution over the four rear 
wheels.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2017-12096 Filed 6-9-17; 8:45 am]
 BILLING CODE 4510-43-P