[Federal Register Volume 87, Number 43 (Friday, March 4, 2022)]
[Notices]
[Pages 12487-12488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04528]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of an Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice includes the 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 April 4, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0007 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0007.
    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, Acting 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.
    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: S. Aromie Noe, Office of Standards, 
Regulations, and Variances at 202-693-9440 (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 
(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 (Secretary) 
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.
    3. In addition, sections 44.10 and 44.11 of 30 CFR establish the

[[Page 12488]]

requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2022-001-M.
    Petitioner: American Mine Services, LLC, 11808 Highway 93, Boulder, 
CO 80303.
    Mine: Joliet Mine, MSHA ID No. 11-03153, located in Will County, 
Illinois.
    Regulation Affected: 30 CFR 49.6(1)(a), Equipment and Maintenance 
Requirements.
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 49.6(1)(a), as it relates to equipment and 
maintenance requirements. The request for modification applies to the 
application of the standard to allow American Mine Services, LLC (AMS) 
to continue to provide a rescue station at the mine with only six self-
contained breathing apparatuses instead of the twelve prescribed in the 
standard and continue the contract with the Lafarge Mine Rescue Team 
that has twelve apparatuses.
    The petitioner states:
    (a) The primary mine rescue team consists of AMS, 150 Union 
members, and Bluff City personnel, and the Lafarge Aggregates Illinois, 
Inc. team serves as the backup. The mine currently has a mine rescue 
station with 6 readily available self-contained apparatuses. The onsite 
mine rescue station contains all other required equipment and meets all 
other requirements of 30 CFR 49.6. The Joliet mine has and will 
continue to maintain a written contract with Lafarge Aggregates 
Illinois to serve as the second rescue team for the mine.
    (b) Lafarge Aggregates Illinois has 12 readily available self-
contained apparatuses at the mine rescue station where that rescue team 
is stationed.
    (c) The availability of 18 self-contained breathing apparatuses 
with the onsite mine rescue team and station will at all times 
guarantee no less than the same measure of protection for miners 
afforded by the standard. It is due to these circumstances that AMS 
requests approval for modification to CFR 49.6(a)(1) and continue to 
operate in the same manner that has been present since the start of the 
contract with Bluff City in 2020.
    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 applicable standard

Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-04528 Filed 3-3-22; 8:45 am]
BILLING CODE 4520-43-P