[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