[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49561-49562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20395]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 21, 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: Roslyn B. Fontaine, Deputy 
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-2019-006-M.
    Petitioner: Hecla Limited, Lucky Friday Unit, 397 Friday Ave., 
Mullan, ID 83846.
    Mines: Lucky Friday, MSHA I.D. No. 10-00088, located in Shoshone 
County, Idaho.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    Modification Request: The petitioner requests a modification of the 
existing standard to allow the mine operator to provide commercially 
purchased water in sealed bottles instead of a waterline in each of 
three refuge chambers located in the mine.
    The petitioner states that:
    (1) During an emergency at the mine, water from a waterline could 
become non-potable due to potentially damaged waterlines connecting the 
water source to the refuge chambers.
    (2) Given the size of the underground mine, the length of the 
waterlines, waterline material, and cross connections between 
operational uses of water and the waterlines that could be plumbed to 
the refuge chambers, it is impossible to ensure compliance with 40 CFR 
part 141, National Primary Drinking Water Regulations.
    (3) One of the three refuge chambers is not constructed to allow 
for the piping of water into the self-contained structure. Alterations 
or modifications made to the refuge chamber to allow for waterlines 
would void the warranty. Utilizing commercially purchased, sealed water 
bottles would allow the

[[Page 49562]]

continued use of this refuge chamber while still providing continuous 
access to potable water in case of an emergency.
    As an alternative to the existing standard, the petitioner proposes 
the following:
    (a) The operator will supply each of the three refuge chambers with 
commercially purchased, sealed 5-gallon water bottles, allowing each 
miner 2.25 quarts of water per day for at least 36 hours in a refuge 
chamber, given the manufacturer's maximum occupant capacity.
    (b) The operator will replace the water bottles with fresh water 
bottles before the expiration of the shelf life date of the water. The 
condition and quantity of stored water will be inspected monthly and 
specific instructions on water conservation will be included with the 
refuge supplies.
    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. 2019-20395 Filed 9-19-19; 8:45 am]
BILLING CODE 4520-43-P