[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28846-28847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10116]


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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 June 10, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0019 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0019.
    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-2022-005-C.
    Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, West 
Virginia, 25650.
    Mine: Berwind Deep Mine, MSHA ID No. 46-09533 located in McDowell 
County, West Virginia.
    Regulation Affected: 30 CFR 75.364(b)(2), Weekly examination.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.364(b)(2) to permit an alternative method of examining the 
return air course in its entirety.
    The petitioner states that:
    (a) The current standard would require miners to traverse a ladder, 
staircase, or other similar means of travel for approximately 70 feet 
vertically, which creates unnecessary slip, trip and fall hazards that 
could result in a serious injury.
    The petitioner proposes the following alternative method:
    (a) The operator will install a return air shaft that will connect 
the Pocahontas 4 Seam (mined above) return air course to the Pocahontas 
3 Seam (mined below) return air course. The air shaft will be 
approximately 70 feet in length and will connect to the two seams 
without intermixing with any other mined-out areas or air courses. No 
additional mine voids will be connected throughout the development of 
this shaft.
    (b) Once the air shaft is completed, a certified person designated 
by the operator for the purposes of conducting examinations under 
Subpart D--Ventilation of 30 CFR part 75 will travel the return airway 
from the section to a location near the top of the air shaft 
(Pocahontas 4 Seam) and will take air readings to determine the 
quantity of air entering the air shaft and will take a reading with a 
MSHA-approved multi-gas detector to determine the quality of air 
entering the shaft. The certified person will also complete the weekly 
examinations required by 30 CFR 75.364(b)(8).

[[Page 28847]]

    (c) The remainder of the return air course examination will be 
conducted beginning at the bottom of the shaft (Pocahontas 3 Seam) and 
continuing throughout the return air course to the surface. The 
examination will include air quality readings near the bottom of the 
shaft.
    (d) The examination of the return airway will be conducted weekly 
with the examination results recorded in the logbook located on the 
surface.
    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. 2022-10116 Filed 5-10-22; 8:45 am]
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