[Federal Register Volume 87, Number 138 (Wednesday, July 20, 2022)]
[Notices]
[Pages 43300-43301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15498]


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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 August 19, 2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
0036 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-0036.
    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-2022-011-C.
    Petitioner: Canyon Fuels Company, LLC, HC35, Box 380, Helper, Utah 
84526.
    Mine: Skyline Mine No. 3, MSHA ID No. 42-01566, located in Carbon 
County, Utah.
    Regulation Affected: 30 CFR 75.312(c), Main mine fan examinations 
and records.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.312 (c) to permit an alternate method of performing the 
automatic fan signaling device testing without stopping the fan and 
without removing the miners from the mine.
    The petitioner states that:
    (a) Fan stoppage for testing introduces contaminants into the mine 
atmosphere from the worked-out area behind the longwall tailgate.
    (b) Any delay of a fan restart beyond 15 minutes after shutdown for 
testing could result in a lengthy restart of the mine operating 
systems.
    The petitioner proposes the following alternative method:
    (a) Installing a valve in the system monitoring the water gauge of 
the fan pressure monitoring system. The water gauge installed at each 
main mine fan is a magnehelic gauge with electronic pickups, which are 
integrated into the atmospheric monitoring system (AMS). When the valve 
is closed, the AMS will detect zero fan pressure and activate the 
alarm.
    (b) The electrical current of each main mine fan motor is monitored 
with amp gauges integrated into the AMS system. An interruption in the 
electrical current to a main mine fan motor will activate the audible 
fan alarm signal.
    (c) When the fan stoppage signal system is tested, an audible fan 
signal alarm sounds at the surface location where a responsible person 
is on duty, verifying the performance of the fan alarm signal system. 
The responsible person is provided with two-way communication to 
working sections and workstations.
    (d) Every 5 to 7 months, each automatic fan signal device and 
signal alarm shall be tested by stopping the fan to ensure that the 
automatic signal device activates the alarm when the fan stops.
    (e) By the end of the shift on which the test of the automatic fan 
signal devices is completed, the person(s) performing the test(s) shall 
record the result of the test(s) in a secure book. The record book 
shall be retained at a surface location at the mine for at least 1 year 
and shall be made available for inspection by an authorized 
representative of the Secretary and the representative of the miners. 
Such recording shall also indicate the general repair of the system.
    (f) Within 60 days of the PDO being granted, the Petitioner shall 
submit proposed revisions for its approved Part 48 training plan to the 
MSHA District Manager. These proposed revisions shall include initial 
and refresher training regarding compliance with the PDO.
    (g) Persons performing tests under the provisions of the PDO must 
be specifically trained on the proper

[[Page 43301]]

method of testing upon initial assignment to these responsibilities and 
at least annually thereafter
    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. 2022-15498 Filed 7-19-22; 8:45 am]
BILLING CODE 4520-43-P