[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