[Federal Register Volume 77, Number 198 (Friday, October 12, 2012)]
[Notices]
[Pages 62268-62269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25065]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standards

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: Section 101(c) of the Federal Mine Safety and Health Act of 
1977 and 30 CFR part 44 govern the application, processing, and 
disposition of petitions for modification. This notice is a summary of 
petitions for modification submitted to the Mine Safety and Health 
Administration (MSHA) by the parties listed below to modify the 
application of existing mandatory safety standards codified in Title 30 
of the Code of Federal Regulations.

DATES: All comments on the petitions must be received by the Office of 
Standards, Regulations and Variances on or before November 13, 2012.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Electronic Mail: [email protected]. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations and Variances, 1100 Wilson Boulevard, Room 2350, Arlington, 
Virginia 22209-3939, Attention: George F. Triebsch, Director, Office of 
Standards, Regulations and Variances. Persons delivering documents are 
required to check in at the receptionist's desk on the 21st floor. 
Individuals may inspect copies of the petitions and comments during 
normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards, 
Regulations and Variances at 202-693-9447 (Voice), 
[email protected] (Email), or 202-693-9441 (Facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: 

 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) That the application of such standard to such mine will result 
in a diminution of safety to the miners in such mine.
    In addition, the regulations at 30 CFR 44.10 and 44.11 establish 
the requirements and procedures for filing petitions for modification.

II. Petitions for Modification

    Docket Numbers: M-2012-161-C and M-2012-162-C.
    Petitioner: Pocahontas Coal Company, LLC, 109 Appalachian Drive, 
Beckley, West Virginia 25801.
    Mines: Josephine Mine No. 2, MSHA I.D. No. 46-07191, and Josephine 
Mine No. 3, located in Raleigh County, West Virginia.
    Regulation Affected: 30 CFR 75.1101-1(b) (Deluge-type water spray 
systems).
    Modification Request: The petitioner requests a modification of the 
existing standard to eliminate the use of blow-off dust covers for the 
spray nozzles of a deluge-type water spray system. The petitioner 
states that the functionality test will be conducted weekly. The 
petitioner further states that:
    (1) Functional tests are currently being conducted weekly and 
pressure and flow rates for the deluge system are adequately 
maintained. In some tests, the dust covers do not come off all spray 
nozzles.
    (2) By conducting functional tests weekly, all spray nozzles can be 
inspected and maintained on a weekly basis.
    (3) The dust covers protect the spray nozzles that are tested 
yearly, and by testing the spray nozzles weekly, the covers are not 
necessary.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee the miners no less than the same measure of 
protection as that afforded by the existing standard.


[[Page 62269]]


     Dated: October 5, 2012.
George F. Triebsch,
Director, Office of Standards, Regulations and Variances.
[FR Doc. 2012-25065 Filed 10-11-12; 8:45 am]
BILLING CODE 4510-43-P