[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33649-33650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10986]


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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 23, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0022 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0022.
    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-2023-013-C.
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, IL 
62951.
    Mine: Mach #1 Mine, MSHA ID No. 11-03141, located in Williamson 
County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6), Nonpermissible diesel-
powered equipment; design and performance requirements.
    Modification Request: The petitioner requests a modification of 30 
CFR 75.1909(b)(6) to permit operation of the Getman grader No. RDG-
1504C, serial No. 6941, without front brakes.
    The petitioner states that:
    (a) Road conditions in a coal mine can become very rough to travel 
on and can pose a serious hazard which exposes miners to an array of 
injuries. The mine roadways are watered each day to keep dust from 
being suspended and multiple trailers and equipment travel to and from 
the working sections, leaving the roadways with ruts and 
irregularities.
    (b) If a mine emergency occurs, well-maintained roadways allow for 
safer operation of mobile equipment used to evacuate the mine ensuring 
quicker escape of miners.
    (c) If a miner is injured including being transported on a back 
brace, well-maintained roadways ensure the injured miner does not 
receive further injury during the ride out of the mine.
    (d) The grader may also be used to pull equipment from place to 
place throughout the mine, if necessary.
    (e) The addition of front brakes to the road grader could cause a 
loss of control if one of the brakes would lock up during operation. 
Furthermore, the size, weight, and location of the front brakes would 
put repair personnel in positions that could subject them to injury.
    (f) The grader is currently located on the mine surface and is 
available for inspection by MSHA.
    The petitioner proposes the following alternative method:
    (a) The Getman grader No. RDG-1504C, serial No. 6941 (grader), is 
and

[[Page 33650]]

will be maintained with 12.00 x 20.00 tires that will limit the speed 
of the grader to 10 miles per hour. All grader operators will be 
trained to lower the moldboard in emergency situations and before 
exiting the operator's compartment.
    (b) All grader operators will be trained to recognize appropriate 
levels of speed for the different road conditions.
    The grader will not travel up or down the mine slope unassisted. If 
the grader is taken out of the mine, an additional piece of equipment 
with adequate braking capacity will be used to assist removing the 
grader from the mine and take it back into the mine, via the mine 
slope.
    (c) Within 60 days after this Proposed Decision and Order (PDO) 
becomes final, the petitioner will submit a proposed revision for its 
approved part 48 training plan to the Mine Safety and Health 
Enforcement District Manager. The PDO will be covered in all task 
training for every employee that will be operating the grader and will 
be included in the mine's annual refresher training. The mine's 
management team and workforce will also be trained on the PDO.
    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. 2023-10986 Filed 5-23-23; 8:45 am]
BILLING CODE 4520-43-P