[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40333-40334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13177]


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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

[[Page 40334]]

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 July 21, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0029 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0029.
    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-2023-015-C.
    Petitioner: Peter Shingara Jr. Mining, 315 Shingara Lane, Sunbury, 
Pennsylvania 17801.
    Mine: No. 1 Slope Operation, MSHA ID No. 36-10008, located in 
Northumberland 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 used to transport persons 
without safety catches or other no less effective devices.
    The petitioner states that:
    (a) Safety catches or devices are not available for gunboats 
operating in steeply pitching and undulating slopes with numerous 
curves and knuckles present in the main haulage slopes of Anthracite 
mines.
    (b) The mine's 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 been developed, 
makeshift devices, if installed, could be activated on knuckles and 
curves, causing a tumbling effect on the conveyance. Such tumbling 
would increase the hazard to miners.
    The petitioner proposes the following alternative method:
    (a) The cage or steel gunboat shall be operated with secondary 
safety connections that are securely fastened around the gunboat and to 
the hoisting rope above the main connecting device.
    (b) Hoisting ropes shall be used with 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 alternate 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. 2023-13177 Filed 6-20-23; 8:45 am]
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