[Federal Register Volume 88, Number 103 (Tuesday, May 30, 2023)]
[Notices]
[Pages 34544-34545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11428]


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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 29, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0017 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0017.
    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-2023-005-C.
    Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St. 
Louis, Missouri 63101.
    Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa 
and Walker Counties, Alabama.
    Regulation Affected: 30 CFR 75.507-1(a), Electric equipment other 
than power-connection points; outby the last open crosscut; return air; 
permissibility requirements.
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.507-1(a), to allow the use of low voltage, 
battery-powered non-permissible testing and diagnostic equipment used 
in return air outby the last open crosscut.
    The petitioner states that:
    (a) The mine utilizes the continuous mining and longwall methods of 
mining.
    (b) Mining equipment, e.g., longwall equipment and continuous 
mining machine, occasionally breaks down in areas of the mine where 
permissible equipment is required, and it may not be safe or possible 
to move the equipment into intake air to perform diagnostics or 
repairs.
    (c) MSHA-approved permissible diagnostic and testing equipment is 
not available for all types of testing and diagnostics.
    (d) Accurate testing of electrical systems and diagnosing problems 
with such systems in electric mining equipment in return air outby the 
last open crosscut is critical to miners' safety.
    The petitioner proposes the following alternative method:
    (a) Non-permissible electronic testing and diagnostic equipment to 
be used includes:

--Hilti PD-E Laser;
--Fluke 922 Airflow Meter Manometer;
--Sharp EL-501X Calculator;
--Fluke 117 Electrician's Multimeter;
--Fluke 1AC Volt Alert Pocket Tester;
--Fluke 2AC Non-Contact Voltage Tester;
--Fluke 177 Digital Multimeter;
--Fluke 381 Remote Display Clamp Meter;
--Fluke 1555 FC 10 kV Insulation Tester;
--Fluke 1550C FC kV Insulation Tester Kit;
--Fluke 1587 FC Multimeter;
--Fluke 773 Milliamp Process Clamp Meter;
--Fluke 87V Industrial Multimeter;
--Fluke 1550C FC kV Insulation Tester Kit; and
--Fluke 789 FC ProcessMeter;
--Texas TI-84 Calculator;
--Texas TI-36X Calculator.

    Other testing and diagnostic equipment may be used only if approved 
in advance by the MSHA District Manager.
    (b) All non-permissible testing and diagnostic equipment used in 
return air

[[Page 34545]]

outby the last open crosscut shall be examined by a qualified person as 
defined in 30 CFR 75.153 prior to use to ensure the equipment is being 
maintained in a safe operating condition. The examination results shall 
be recorded in the weekly examination book and made available to MSHA 
and the miners at the mine.
    (c) A qualified person as defined in 30 CFR part 75.151 shall 
continuously monitor for methane immediately before and during the use 
of non-permissible electronic testing and diagnostic equipment in 
return air outby the last open crosscut.
    (d) Non-permissible electronic testing and diagnostic equipment 
shall not be used if methane is detected in concentrations at or above 
1.0 percent. When 1.0 percent or more methane is detected while the 
non-permissible electronic equipment is being used, the equipment shall 
be de-energized immediately and withdrawn from the return air outby the 
last open crosscut.
    (e) All hand-held methane detectors shall be MSHA approved and 
maintained in permissible and proper operating condition as defined in 
30 CFR 75.320.
    (f) All electronic testing and diagnostic equipment shall be used 
in accordance with the safe use procedures recommended by the 
manufacturer.
    (g) Qualified personnel who use electronic testing and diagnostic 
equipment shall be properly trained to recognize the hazards and 
limitations associated with use of the equipment.
    In support of the proposed alternative method, the petitioner 
submitted a list and specifications of the low voltage, battery-powered 
non-permissible electronic testing and diagnostic equipment.
    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. 2023-11428 Filed 5-26-23; 8:45 am]
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