[Federal Register Volume 84, Number 177 (Thursday, September 12, 2019)]
[Notices]
[Page 48178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19717]
[[Page 48178]]
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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: 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 15, 2019.
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, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, 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.
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: Roslyn B. Fontaine, Office of
Standards, Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (facsimile). [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
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. 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. Petition for Modification
Docket Number: M-2019-049-C.
Petitioner: Rock N Roll Coal Company, Inc., 4641 Greenbrier
Mountain Road, Panther, WV 24872.
Mines: Mine No. 7, MSHA I.D. No. 46-09093, located in McDowell
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 waive the requirement for blow-off dust covers for
nozzles on the beltline deluge-type water spray system.
The petitioner states that:
(1) Each nozzle on the deluge-type water spray system at the
petitioner's mine is provided with a blow-off dust cover.
(2) An inspection and functional test of the complete deluge-type
water spray system is conducted weekly.
(3) Due to the frequent inspections and functional testing of the
deluge-type water spray system, the blow-off dust covers are
unnecessary because the nozzles can be maintained in an unclogged
condition through weekly use. It is burdensome to recap the large
numbers of blow-off dust covers weekly after each inspection and
functional test.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) The operator will remove the blow-off dust covers from the
nozzles on the deluge-type water spray system.
(b) The operator will conduct weekly inspections and functional
testing of the complete deluge-type water spray system.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2019-19717 Filed 9-11-19; 8:45 am]
BILLING CODE 4520-43-P