83_FR_42331 83 FR 42170 - Petitions for Modification of Application of Existing Mandatory Safety Standard

83 FR 42170 - Petitions for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 161 (August 20, 2018)

Page Range42170-42171
FR Document2018-17886

This notice is a summary of a petition for modification submitted to the Mine Safety and Health Administration (MSHA) by the party listed below.

Federal Register, Volume 83 Issue 161 (Monday, August 20, 2018) 
[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42170-42171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17886]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petitions for Modification of Application of Existing Mandatory 
Safety Standard

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 September 19, 
2018.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Email: zzMSHA-comments@dol.gov. 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 a copy 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: Barbara Barron, Office of Standards, 
Regulations, and Variances at 202-693-9447 (voice), 
barron.barbara@dol.gov (email), or 202-693-9441 (fax). [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

[[Page 42171]]

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 (Secretary) 
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-2018-006-M.
    Petitioner: U.S. Silica Company, 838 VFW Drive, Festus, Missouri 
63028.
    Mines: Festus Plant, MSHA I.D. No. 23-02377, located in Jefferson 
County, Missouri.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    Modification Request: The petitioner requests a modification of the 
existing standard to permit an alternative method using a Clothes 
Cleaning Process that removes dust from a miner's clothing.
    The petitioner states that:
    (1) The proposed alternative method has been developed jointly 
between UniminCorporation and the National Institute for Occupational 
Safety and Health (NIOSH and successfully tested by NIOSH to reduce a 
miner's exposure to respirable dust, thus reducing the miner's health 
risks. The system consists of four major components: a cleaning booth, 
an air spray manifold, an air reservoir, and an exhaust ventilation 
system.
    (2) Only miners trained in the operation of the cleaning booth will 
be permitted to use the booth to clean their clothes.
    (3) Petitioner will incorporate the Clothes Cleaning Process and 
manufacturer's instruction manuals into their MSHA Part 48b training 
plan and train affected miners in the process.
    (4) Miners entering the booth will examine valves and nozzles for 
damage or malfunction and will close the door fully before opening the 
air valve. Any defects will be repaired prior to the booth being used.
    (5) Miners entering the booth will wear eye protection, ear plugs 
or muffs for hearing protection, and respiratory protection. 
Respiratory protection will consist of a full-face or half-mask 
respirator that meets or exceeds the minimum requirements of a N95 
filter to which the miner has been fit-tested. As an alternative, the 
use of a full-face respirator will meet the requirements for eye 
protection. A sign will be conspicuously posted requiring the above 
personal protective equipment when the booth is entered.
    (6) Air flow through the booth will be at least 2,000 cubic feet 
per minute to maintain negative pressure during use of the cleaning 
system in order to prevent contamination of the environment outside the 
booth. Airflow will be in a downward direction, thereby moving 
contaminants away from the miner's breathing zone.
    (7) Air pressure through the spray manifold will be limited to 30 
pounds per square inch or less. A lock box with a single, plant manager 
controlled key will be used to prevent regulator tampering.
    (8) The air spray manifold will consist of schedule 80 steel pipe 
that has a failure pressure of 1,300 pounds per square inch and will be 
capped at the base and actuated by an electrically controlled ball 
valve at the top.
    (9) Air nozzles must not exceed 30 pound(s) per square inch gauge.
    (10) The upper most spray of the spray manifold will be located 
below the booth users breathing zone. Some type of mechanical device 
can be used to cover the upper air nozzles to meet the specific height 
of the user.
    (11) Air nozzles will be guarded to eliminate the possibility of 
incidental contact, which could create mechanical damage to the air 
nozzles during the clothes cleaning process.
    (12) Petitioner will conduct periodic maintenance checks of the 
booth in accordance with the recommendations contained in the 
manufacture's instruction manual.
    (13) The air reservoir tank supplying air to the manifold system 
will be of sufficient volume to permit no less than 20 seconds of 
continuous cleaning time.
    (14) An appropriate hazard warning sign will be posted on the booth 
to state at a minimum, ``Compressed Air'' and ``Respirable Dust''.
    (15) A pressure relief valve designed for the booth's air reservoir 
will be installed.
    (16) The mine will exhaust dust-laden air from the booth into a 
local exhaust ventilation system or duct outside the facility while 
ensuring there is no re-entrainment back into the structure.
    The petitioner asserts that proposed alternative method will at all 
times guarantee no less than the same measure of protection afforded by 
the standard.

Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-17886 Filed 8-17-18; 8:45 am]
 BILLING CODE 4520-43-P

42170 Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices for the proper performance of the Square, 145 N Street NE, Washington, http://www.justice.gov/enrd/Consent_ functions of the Bureau of Justice DC 20530. Decrees.html. Statistics, including whether the Dated: August 15, 2018. Cherie L. Rogers, information will have practical utility; —Evaluate the accuracy of the agency’s Melody Braswell, Assistant Section Chief, Environmental Department Clearance Officer for PRA, U.S. Defense Section, Environment and Natural estimate of the burden of the Department of Justice. Resources Division. proposed collection of information, [FR Doc. 2018–17846 Filed 8–17–18; 8:45 am] including the validity of the [FR Doc. 2018–17865 Filed 8–17–18; 8:45 am] BILLING CODE 4410–15–P methodology and assumptions used; BILLING CODE 4410–AT–P —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR enhanced; and —Minimize the burden of the collection Notice of Lodging Proposed Consent Mine Safety and Health Administration of information on those who are to Decree Petitions for Modification of respond, including through the use of Application of Existing Mandatory appropriate automated, electronic, In accordance with Departmental Safety Standard mechanical, or other technological Policy, 28 CFR 50.7, notice is hereby collection techniques or other forms given that a proposed Consent Decree in AGENCY: Mine Safety and Health of information technology, e.g., United States v. Richard M. Osborne, Administration, Labor. permitting electronic submission of Sr., et al., Case No. 1:11–cv–2039–CAB, ACTION: Notice. responses. was lodged with the United States District Court for the Northern District SUMMARY: This notice is a summary of Overview of This Information a petition for modification submitted to Collection of Ohio on August 10, 2018. the Mine Safety and Health 1. Type of Information Collection: This proposed Consent Decree Administration (MSHA) by the party Revision of a currently approved concerns a complaint filed by the listed below. collection, with change; comments United States against Defendants DATES: All comments on the petition requested. Richard M. Osborne, Sr., Great Plains must be received by MSHA’s Office of 2. The Title of the Form/Collection: Exploration, LLC, Center Street Standards, Regulations, and Variances COPS Extension Request Form. Investments, Inc., Callendar Real Estate on or before September 19, 2018. 3. The agency form number, if any, Development Company, LLC, and Osair, ADDRESSES: You may submit your and the applicable component of the Inc., pursuant to Sections 301(a), 309(b), comments, identified by ‘‘docket Department sponsoring the collection: and 309(d) of the Clean Water Act, 33 number’’ on the subject line, by any of None. U.S. Department of Justice, U.S.C. §§ 1311(a), 1319(b), and 1319(d), the following methods: Community Oriented Policing Services to obtain injunctive relief from and 1. Email: zzMSHA-comments@ (COPS) Office. impose civil penalties against the 4. Affected public who will be asked dol.gov. Include the docket number of Defendants for violating the Clean Water the petition in the subject line of the or required to respond, as well as a brief Act by discharging pollutants without a message. abstract: Law enforcement agencies and permit into waters of the United States. 2. Facsimile: 202–693–9441. other COPS grants recipients that have The proposed Consent Decree resolves 3. Regular Mail or Hand Delivery: grants expiring within 90 days of the these allegations by requiring the MSHA, Office of Standards, date of the form/request. The extension Defendants to restore the impacted areas Regulations, and Variances, 201 12th request form will allow recipients of and pay a civil penalty. Street South, Suite 4E401, Arlington, COPS grants the opportunity to request Virginia 22202–5452, Attention: Sheila a ‘‘no-cost’’ time extension in order to The Department of Justice will accept McConnell, Director, Office of complete the federal funding period and written comments relating to this Standards, Regulations, and Variances. requirements for their grant/cooperative proposed Consent Decree for thirty (30) Persons delivering documents are agreement award. Requesting and/or days from the date of publication of this required to check in at the receptionist’s receiving a time extension will not Notice. Please address comments to desk in Suite 4E401. Individuals may provide additional funding. Phillip R. Dupré, United State 5. An estimate of the total number of inspect a copy of the petition and Department of Justice, Environment and comments during normal business respondents and the amount of time Natural Resources Division, Post Office estimated for an average respondent to hours at the address listed above. Box 7611, Washington, DC 20044–7611 MSHA will consider only comments respond: It is estimated that and refer to United States v. Richard M. postmarked by the U.S. Postal Service or approximately 2,700 respondents Osborne, Sr., et al., Case No. 1:11–cv– proof of delivery from another delivery annually will complete the form within 2039–CAB, DJ #90–5–1–1–18628. service such as UPS or Federal Express 30 minutes. 6. An estimate of the total public The proposed Consent Decree may be on or before the deadline for comments. burden (in hours) associated with the examined at the Clerk’s Office, United FOR FURTHER INFORMATION CONTACT: collection: 1,350 total annual burden States District Court for the Northern Barbara Barron, Office of Standards, hours (0.5 hours × 2700 respondents + District of Ohio, Carl B. Stokes United Regulations, and Variances at 202–693– daltland on DSKBBV9HB2PROD with NOTICES 1,350 total burden hours). States Courthouse, 801 West Superior 9447 (voice), barron.barbara@dol.gov If additional information is required Avenue, Cleveland, OH 44113. In (email), or 202–693–9441 (fax). [These contact: Melody Braswell, Department addition, the proposed Consent Decree are not toll-free numbers.] Clearance Officer, United States may be examined electronically at SUPPLEMENTARY INFORMATION: Section Department of Justice, Justice 101(c) of the Federal Mine Safety and Management Division, Policy and Health Act of 1977 and Title 30 of the Planning Staff, Two Constitution Code of Federal Regulations Part 44 VerDate Sep<11>2014 19:04 Aug 17, 2018 Jkt 244001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1

Federal Register / Vol. 83, No. 161 / Monday, August 20, 2018 / Notices 42171 govern the application, processing, and (5) Miners entering the booth will The petitioner asserts that proposed disposition of petitions for modification. wear eye protection, ear plugs or muffs alternative method will at all times for hearing protection, and respiratory guarantee no less than the same measure I. Background protection. Respiratory protection will of protection afforded by the standard. Section 101(c) of the Federal Mine consist of a full-face or half-mask Safety and Health Act of 1977 (Mine Sheila McConnell, respirator that meets or exceeds the Act) allows the mine operator or minimum requirements of a N95 filter to Director, Office of Standards, Regulations, representative of miners to file a and Variances. which the miner has been fit-tested. As petition to modify the application of any an alternative, the use of a full-face [FR Doc. 2018–17886 Filed 8–17–18; 8:45 am] mandatory safety standard to a coal or respirator will meet the requirements for BILLING CODE 4520–43–P other mine if the Secretary of Labor eye protection. A sign will be (Secretary) determines that: conspicuously posted requiring the 1. An alternative method of achieving above personal protective equipment NATIONAL SCIENCE FOUNDATION the result of such standard exists which when the booth is entered. will at all times guarantee no less than (6) Air flow through the booth will be Security From a Wireless Spectrum the same measure of protection afforded at least 2,000 cubic feet per minute to Perspective: Technology Innovation the miners of such mine by such maintain negative pressure during use and Policy Research Needs standard; or of the cleaning system in order to 2. That the application of such AGENCY: The Networking and prevent contamination of the Information Technology Research and standard to such mine will result in a environment outside the booth. Airflow diminution of safety to the miners in Development (NITRD) National will be in a downward direction, Coordination Office (NCO), National such mine. thereby moving contaminants away In addition, the regulations at 30 CFR Science Foundation. from the miner’s breathing zone. ACTION: Notice of meeting. 44.10 and 44.11 establish the (7) Air pressure through the spray requirements and procedures for filing manifold will be limited to 30 pounds SUMMARY: This workshop will focus on petitions for modification. per square inch or less. A lock box with the R&D challenges of securing the II. Petition for Modification a single, plant manager controlled key wireless spectrum access medium to Docket Number: M–2018–006–M. will be used to prevent regulator assure spectrum availability, reliability Petitioner: U.S. Silica Company, 838 tampering. and performance over wireless links. VFW Drive, Festus, Missouri 63028. (8) The air spray manifold will consist Representatives from Federal agencies, Mines: Festus Plant, MSHA I.D. No. of schedule 80 steel pipe that has a academia and the private sector will 23–02377, located in Jefferson County, failure pressure of 1,300 pounds per discuss the current technologies, tools Missouri. square inch and will be capped at the and practices that are effective, and Regulation Affected: 30 CFR 56.13020 base and actuated by an electrically identify the gaps and issues that will (Use of compressed air). controlled ball valve at the top. require additional research. Modification Request: The petitioner (9) Air nozzles must not exceed 30 DATES: September 13, 2018. requests a modification of the existing pound(s) per square inch gauge. FOR FURTHER INFORMATION CONTACT: standard to permit an alternative (10) The upper most spray of the Wendy Wigen at (202) 459–9683 or method using a Clothes Cleaning spray manifold will be located below wigen@nitrd.gov. Individuals who use a Process that removes dust from a the booth users breathing zone. Some telecommunications device for the deaf miner’s clothing. type of mechanical device can be used (TDD) may call the Federal Information The petitioner states that: to cover the upper air nozzles to meet Relay Service (FIRS) at 1–800–877–8339 (1) The proposed alternative method the specific height of the user. has been developed jointly between (11) Air nozzles will be guarded to between 8 a.m. and 8 p.m., Eastern time, UniminCorporation and the National eliminate the possibility of incidental Monday through Friday. Institute for Occupational Safety and contact, which could create mechanical SUPPLEMENTARY INFORMATION: Health (NIOSH and successfully tested damage to the air nozzles during the Overview: This notice is issued by the by NIOSH to reduce a miner’s exposure clothes cleaning process. National Coordination Office for the to respirable dust, thus reducing the (12) Petitioner will conduct periodic Networking and Information miner’s health risks. The system maintenance checks of the booth in Technology Research and Development consists of four major components: a accordance with the recommendations (NITRD) Program. Agencies of the cleaning booth, an air spray manifold, contained in the manufacture’s Wireless Spectrum R&D Interagency an air reservoir, and an exhaust instruction manual. Working Group are conducting a ventilation system. (13) The air reservoir tank supplying workshop focused on security from a (2) Only miners trained in the air to the manifold system will be of wireless spectrum perspective. Experts operation of the cleaning booth will be sufficient volume to permit no less than from government, private industry, and permitted to use the booth to clean their 20 seconds of continuous cleaning time. academia will help discuss the current clothes. (14) An appropriate hazard warning technology, tools and practices that are (3) Petitioner will incorporate the sign will be posted on the booth to state effective, and identify gaps and issues Clothes Cleaning Process and at a minimum, ‘‘Compressed Air’’ and that will require additional research to manufacturer’s instruction manuals into ‘‘Respirable Dust’’. resolve. The workshop will take place their MSHA Part 48b training plan and (15) A pressure relief valve designed on September 13 from 9:00 a.m. to 5:00 daltland on DSKBBV9HB2PROD with NOTICES train affected miners in the process. for the booth’s air reservoir will be p.m. ET at the NITRD office, 490 (4) Miners entering the booth will installed. L’Enfant Plaza SW, Suite 8001 (8th examine valves and nozzles for damage (16) The mine will exhaust dust-laden Floor), Washington, DC 20024. or malfunction and will close the door air from the booth into a local exhaust Participation is by invitation only but fully before opening the air valve. Any ventilation system or duct outside the observers are welcome on a first come defects will be repaired prior to the facility while ensuring there is no re- first served basis. This event will be booth being used. entrainment back into the structure. webcast. The agenda and information VerDate Sep<11>2014 19:04 Aug 17, 2018 Jkt 244001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\20AUN1.SGM 20AUN1


Document Created: 2018-08-18 01:29:13
Document Modified: 2018-08-18 01:29:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAll comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before September 19, 2018.
ContactBarbara Barron, Office of Standards, Regulations, and Variances at 202-693-9447 (voice), [email protected] (email), or 202-693-9441 (fax). [These are not toll-free numbers.]
FR Citation83 FR 42170 
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