[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Pages 62800-62801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16914]


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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 September 3, 
2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0017 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0017.
    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 4th Floor West. Individuals may 
inspect copies of the petition and comments during normal

[[Page 62801]]

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, Director, 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 (Mine Act) 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 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-2024-008-C.
    Petitioner: Fossil Rock Resources, LLC, 5125 N Cottonwood Road, 
Orangeville, UT 84537.
    Mine: Fossil Rock Mine, MSHA ID No. 42-01211, located in Emery 
County, Utah.
    Regulation Affected: 30 CFR 75.1909(b)(6).
    Modification Request: The petitioner requests a modification of the 
existing standard, 30 CFR 75.1909(b)(6), to utilize alternative methods 
of compliance to permit the use of a road grader without front brakes.
    The petitioner states that:
    (a) Fossil Rock Mine may use the following model of grader or a 
similar model: Getman, Model 1504-C.
    (b) The Getman graders were the subject of a previously granted 
petition for modification at the Skyline Mine No. 3 and Dugout Canyon 
Mine (M-1999-073-C).
    (c) The Getman graders will be available for inspection at Skyline 
Mine No. 3.
    (d) Service brakes on each wheel of the vehicle are designed such 
that failure of any single component, except the brake actuation pedal 
or other similar actuation device, must not result in a complete loss 
of service braking capability.
    (e) The mine uses rubber-tired diesel equipment to transport 
personnel and supplies down the slope and into the mine. The Getman 
graders will be used to maintain the roadways traveled by the rubber-
tired equipment. The coal seam is relatively flat in the areas that 
have been mined. At the time of the investigation by MSHA, Fossil Rock 
will provide a map which shows elevations to the extent possible.
    (f) The Getman graders have a dual brake system on the four rear 
wheels and are designed to prevent loss of braking due to a single 
component failure. Each of the brake systems features an accumulator 
pressure gauge and a low-pressure warning light. The graders also have 
a spring applied, hydraulic release wet disc park and supplemental 
brake, transmission neutralizer, and test button for park brake 
testing. The independent braking systems are designed to operate even 
when oil, air, electrical or transmission pressure fails. These systems 
provide independent braking systems in lieu of brakes on the front 
wheels of the grader.
    The petitioner proposes the following alternative method:
    (a) Road grader operators shall limit the speed of the diesel 
graders to 10 miles per hour (mph) in either direction. This shall be 
accomplished by the following:
    (1) Permanently blocking out the gear(s) or any gear ratio(s) that 
provide higher speeds. The device shall limit the vehicle speed in both 
forward and reverse; and
    (2) Using transmission(s) and differential(s) geared in accordance 
with the equipment manufacturer which limits the maximum speed to 10 
mph.
    (b) Road grader operators will be trained on the provisions of this 
Petition for Modification and this training will be documented on a 
5000-23 form. Training will include, but not be limited to the 
following:
    (1) The braking limitations of the road grader.
    (2) The speed of the road grader is limited to 10 mph or less.
    (3) The fourth gear is not available.
    (4) As the angle of a road or slope increases, speed should be 
reduced by operating at a lower gear.
    (5) As an alternate means to control the speed of the road grader, 
the moldboard can be lowered to the mine floor.
    (6) Within 60 days after the Proposed Decision and Order is granted 
by MSHA, the Petitioner shall submit proposed revisions for its 
approved 30 CFR part 48 training plan. These proposed revisions shall 
specify initial and refresher training regarding the conditions 
specified in the Petition.
    Fossil Rock Mine has no designated miner's representative.
    The Petitioner asserts that the alternative method proposed in the 
Petition will at all times guarantee no less than the same measure of 
protection afforded by 30 CFR 75.1909(b)(6).

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-16914 Filed 7-31-24; 8:45 am]
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