[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61618-61619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19227]


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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 October 10, 2023.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2023-
0037 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2023-0037.
    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-2023-018-C.
    Petitioner: The Coteau Properties Company, 204 County Road 15, 
Beulah, North Dakota 58523.
    Mine: Freedom Mine, MSHA ID No. 32-00595, located in Mercer County, 
North Dakota.
    Regulation Affected: 30 CFR 77.1607(u) (Loading and haulage 
equipment; operation).
    Modification Request: The petitioner requests a modification of 30 
CFR 77.1607(u) to permit the use of an engine driven hydraulic power 
pack, Kubota Model D1105, to tow disabled haulage trucks in lieu of a 
solid tow bar and safety chain.
    The petitioner states that:
    (a) The petitioner has a previously granted petition for 
modification, docket number M-2018-013-C, to use a Lambordini Model 9LD 
625-2 engine driven hydraulic power pack to tow disabled haulage 
trucks.
    (b) The petitioner is now requesting to use a Kubota Model D1105, 
serial number 1GZ1802, engine driven hydraulic power pack due to 
mechanical issues with the Lambordini Model 9 LD 625-2 engine driven 
hydraulic power pack. The Kubota Model D1105, serial number 1GZ1802, 
engine driven hydraulic power pack will be used under the same terms 
and conditions listed in the previously granted petition.
    The petitioner proposes the following alternative method:
    (a) The proposed towing system shall only apply to vehicles with a 
``fail safe'' braking system and emergency steering capabilities.
    (b) The tow ropes used to tow a disabled vehicle shall be a minimum 
of 3\5/8\'' Dyneema material, at least 50 feet in length, with an 
average breaking strength of 1,459,000 lbs., and maintained in good 
condition. Tow ropes shall be attached to both vehicles with tow balls 
or equivalent attachments. Connecting the towing ropes between vehicles 
shall be done when the vehicles are at a protected location and the 
engines are not running and both vehicles shall be blocked with wheel 
chocks prior to attaching or disconnecting nylon towing slings when the 
potential for rolling exists. Tow ropes shall be maintained and 
replaced as per manufacturer's recommendations.
    (c) Radio communications between the towed and the towing vehicles 
shall be maintained at all times when the vehicles are moving. The 
towed vehicle driver shall be able to see at least 10 feet in front of 
the vehicle. Towing speed shall not exceed 5 mph.
    (d) The engine driven hydraulic power pack shall be adequately 
designed to supply the correct hydraulic pressure as recommended by the 
towed vehicle manufacturer.
    (e) The power pack shall be securely mounted to the towed vehicle 
as to not impede the operation of the vehicle or pose safety hazards 
such as a broken hydraulic line or exhaust fumes that may enter the 
operator's compartment. The power pack shall not impede the ability to 
exit the vehicle quickly.
    (f) The power pack shall operate at all times when the vehicle is 
being towed to maintain normal braking and steering functions. The 
power pack shall be examined prior to each use by a

[[Page 61619]]

qualified mechanic trained to perform the examination.
    (g) Prior to towing operation, testing of the brakes and steering 
shall be performed at a protected location. The test shall include 
fully pressurizing the air system to ensure the brakes function 
properly and depleting the air system to ensure the ``fail safe'' 
brakes re-apply at the proper pressures.
    (h) All qualified mechanics shall be trained to perform the 
installation of the power pack to tow a vehicle.
    (i) Loaded haul trucks shall not be towed. Loads shall be dumped or 
otherwise removed prior to towing.
    (j) Prior to towing operations, the route of travel shall be 
cleared of traffic and all persons in the affected area notified.
    (k) No more than 60 days after this Proposed Decision and Order 
(PDO) becomes final, the petitioner shall submit revisions to its 
approved 30 CFR part 48 training plan that address the requirements in 
the PDO to the MSHA District Manager.
    In support of the proposed alternative method, the petitioner 
submitted task training instructions on the operation of the Kubota 
Model D1105, serial number 1GZ1802, engine driven hydraulic power pack.
    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. 2023-19227 Filed 9-6-23; 8:45 am]
BILLING CODE 4520-43-P