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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90767-90769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26722]

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DEPARTMENT OF LABOR

Mine Safety and Health Administration

Petition for Modification of Application of Existing Mandatory 
Safety Standard

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 
Marfork Coal Company, LLC.

[[Page 90768]]

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before December 18, 
2024.

ADDRESSES: You may submit comments identified by Docket No. MSHA-2024-
0078 by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments for MSHA-2024-0078.
    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, 4th Floor West, 
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, 4th Floor West. 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.

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-2024-053-C.
    Petitioner: Marfork Coal Company, LLC, P.O. Box 457, Whitesville, 
West Virginia 25209.
    Mine: Black Eagle Mine, MSHA ID No. 46-09550, located in Raleigh 
County, West Virginia.
    Regulation Affected: 30 CFR 75.312(c) (Main mine fan examinations 
and records).
    Modification Request: The petitioner requests a modification of 30 
CFR 75.312(c) to permit testing the automatic fan stopping signal 
device without shutting down the mine fan and removing the miners.
    The petitioner states that:
    (a) The mine extracts coal by the room and pillar method of mining 
and operates three continuous miner sections producing coal five to six 
days per week.
    (b) The mine has personnel underground 24 hours per day, 7 days per 
week.
    (c) The mine is ventilated by one, Jeffrey model 8HUA117, 1,500 
horsepower (hp) and 895 revolutions per minute (rpm), mine fan.
    (d) The fan operates at approximately 10 inches of water gauge and 
moves approximately 635,000 cubic feet per minute.
    (e) The mine liberates 777,272 cubic feet of methane every 24 hours 
as of April 16, 2024.
    (f) Currently, the mine fan stops every 31 days to check the fan 
signal device.
    (g) If fan outage lasts longer than 1, 3, or 48 hours, then the fan 
is required to run for 1, 2, or 3 hours, respectively, before a 
certified examiner can re-enter the mine to conduct the required 
examinations.
    (h) It is unfavorable to stop the fan and disrupt the ventilation 
due to the mine liberating methane and personnel being underground 24 
hours per day, 7 days per week, making it impossible to schedule a time 
when the fan stoppage signal can be checked without miners being 
underground.
    The petitioner proposes the following alternative method:
    (a) The main fine fan shall be provided with a fan alarm signal 
system consisting of the following:
    (1) A ridged plastic tubing protected by steel conduit extending 
from the fan ductwork to a Photohelic gauge and chart recorder to 
continuously monitor the fan operating pressure. An automatic fan 
signal is activated when the fan pressure falls below 50 percent of the 
normal operating pressure (which currently equals 5 inches of water 
gauge) as measured by the Photohelic gauge. This alarm shall be visible 
and audible in the dispatcher's office.
    (2) A Pyott Boone Belt (PBE) model #1610 TA analog scanner monitors 
the fan. When the fan loses electrical power, the PBE scanner sends a 
signal to the dispatch office which sounds an alarm. This additional 
alarm provides a backup in the event the Photohelic gauge or its 
contacts fail to automatically signal.
    (b) The automatic fan signal device shall be tested every seven 
days by manually operating a valve (Ham-Let valve) near the Photohelic 
gauge and fan pressure recording chart reducing the pressure on the 
water gauge to simulate a fan stoppage, causing the activation of the 
fan signal. The actuation of the fan alarm shall be verified by a 
responsible person at the location where the responsible person is 
always on duty when anyone is underground. Once this seven-day test of 
the alternative method has been successfully repeated for four 
consecutive weeks, the test frequency shall change to at least every 31 
days.
    (c) The automatic fan signal device and signal alarm shall be 
tested every six months by stopping the fan to ensure that the 
automatic signal device causes the alarm to activate when the fan shuts 
down.
    (d) By the end of the shift on which the test of the automatic fan 
signal device is completed, person(s) performing the test shall record 
the result of the test in a secure book. The record book shall be 
retained at a surface location at the mine for at least one year and 
shall be made available for inspection by an Authorized Representative 
of the Secretary.
    (e) Within 60 days of the Proposed Decision and Order (PDO) granted 
by MSHA, Marfork shall submit proposed revisions for its approved 30 
CFR 48 training plan to the MSHA District Manager. These proposed 
revisions shall include initial and refresher training regarding 
compliance with the PDO granted by MSHA. Miners who are to perform the 
test under the PDO granted by MSHA shall be trained at least annually 
on the proper method of testing upon his or her initial assignment to 
these responsibilities.
    (f) The petitioner asserts that this Petition for Modification of 
Application of Mandatory Standard has been posted on the employee 
bulletin board at the Black Eagle Mine as of August 30, 2024, and there 
are no representatives of miners at this operation.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same

[[Page 90769]]

measure of protection afforded the miners under the mandatory standard.

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-26722 Filed 11-15-24; 8:45 am]
BILLING CODE 4520-43-P
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