[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24591-24592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08829]


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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 May 26, 2022.

ADDRESSES: You may submit your comments identified by the Docket No. 
MSHA-2022-0021 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0021.
    2. Facsimile: 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.
    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.
    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-2022-006-C.
    Petitioner: ICG Beckley, LLC, P.O. Box 49, Eccles, West Virginia 
25836.
    Mine: Beckley Pocahontas Mine, MSHA ID No. 46-05252, located in 
Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.312 (c), Mine Fan Examination and 
Records.
    Modification Request: The petitioner requests a modification of the 
existing mandatory standard, 30 CFR 75.312 (c), as it relates to 
examination requirements. ICG Beckley, LLC is requesting a petition for 
modification for the following reasons (1) Beckley Pocahontas Mine 
produces 4.9M cubic feet of methane according to the last total 
liberation results and (2) Stopping the 2,500 horsepower (HP) motor can 
create unnecessary electrical and mechanical wear on the motor.

[[Page 24592]]

    The petitioner states in lieu of shutting the fan down, the 
following measures will be implemented:
    (a) A dispatcher is on duty at all times that persons are 
underground.
    (b) The fan signal is located in the dispatcher's office where it 
is easily heard.
    (c) The existing automatic fan signal device is a Circular Chart 
Recorder.
    (d) The fan signal is activated when the fan pressure falls below 3 
inches of water gauge as measured by the chart recorder.
    (e) A back-up fan that provides the same quantity of air as the 
main fan and can easily be started is provided and ready for use.
    (f) Both the main mine fan and back-up fan have operating pressures 
of approximately 6 inches of water gauge as measured by the chart 
recorder.
    (g) A ball valve will be installed in the tubing connecting the fan 
ductwork to the chart recorder to permit continuous monitoring of the 
fan pressure while the fan is running.
    (h) During the 31-day check in accordance with 30 CFR 75.312 (c), 
the ball valve to the fan ductwork will be closed allowing the pressure 
to the chart recorder to drop and signal the alarm.
    (i) The fan pressure signal will be tested by closing the ball 
valve to simulate pressure loss.
    (j) Twice per year, the fan signal will be tested by shutting the 
fan down in accordance with 30 CFR 75.312 (c).
    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,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-08829 Filed 4-25-22; 8:45 am]
BILLING CODE 4520-43-P