[Federal Register Volume 87, Number 204 (Monday, October 24, 2022)]
[Notices]
[Pages 64252-64253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23004]


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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 November 23, 
2022.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2022-
052 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2022-052.
    2. Fax: 202-693-9441.
    3. Email: [email protected].
    4. Regular Mail or Hand Delivery: MSHA, Office of Standards,

[[Page 64253]]

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-2022-021-C.
    Petitioner: M&D Anthracite Coal Company, 71 Hill Road, Hegins, 
Pennsylvania, 17938.
    Mine: Slope #1, MSHA ID No. 36-09976, located in Schuylkill County, 
Pennsylvania.
    Regulation Affected: 30 CFR 75.1400, Hoisting equipment; general.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1400 to permit operating the gunboat without safety catches or 
other no less effective devices to transport persons.
    The petitioner states that:
    (a) No such safety catch or device is available for steeply 
pitching and undulating slopes with numerous curves and knuckles 
present in the main haulage slopes of Anthracite mines.
    (b) Anthracite mine slopes range in length from 30 to 4,200 feet 
and vary in pitch from 12 to 75 degrees.
    (c) Since a functional safety catch has not yet been developed, 
makeshift devices, if installed, would be activated on knuckles and 
curves, causing a tumbling effect on the conveyance. Such tumbling 
would increase rather than decrease the hazard to miners.
    The petitioner proposes the following alternative method:
    (a) Operating the cage or steel gunboat with secondary safety 
connections that are securely fastened around the gunboat and to the 
hoisting rope above the main connecting device.
    (b) Using strong hoisting ropes--those with the safety factors that 
are greater than the 4 to 8 to 1 ratio recommended by the American 
National Standard for Wire Rope for Mines.
    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. 2022-23004 Filed 10-21-22; 8:45 am]
BILLING CODE 4520-43-P