83 FR 48456 - Petitions for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range		48456-48457
FR Document		2018-20756

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

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)

[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Notices]
[Pages 48456-48457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20756]


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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 
parties listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before October 25, 2018.

ADDRESSES: You may submit your comments, identified by ``docket 
number'' on the subject line, by any of the following methods:
    1. Email: [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 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), 
[email protected] (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 govern the application, processing, and disposition of 
petitions for modification.

[[Page 48457]]

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-2018-017-C.
    Petitioner: Raw Coal Mining Company, Inc., 356 South College 
Avenue, Bluefield, Virginia 24605.
    Mine: EDM No. 1 Mine, MSHA I.D. No. 46-09507, 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 permit the removal of blow-off dust covers from 
nozzles on deluge-type water spray systems.
    The petitioner states that:
    (1) Sections 75.1101-1 through 75.1101-4 set forth various 
requirements regarding deluge-type water spray systems; among the 
requirements there is no mandate to inspect and functionally test those 
systems. The petitioner conducts a weekly inspection and functional 
test of the complete deluge-type water spray system at its EDM No. 1 
Mine.
    (2) Currently, the petitioner complies with the requirements of 
section 75.1101-1(b) by providing each nozzle with a blow-off cover. 
The petitioner states that because of the frequent inspections and 
functional testing of the system, the blow-off dust covers are not 
necessary because the nozzles can be maintained in an unclogged 
condition through weekly use. Further, it is burdensome to recap the 
large number of blow-off dust covers after each weekly inspection and 
functional test.
    (3) Petitioner proposes the following alternative method of 
achieving the result of the standard in section 75.1101-1(b), insofar 
as it requires that nozzles be provided with blow-off dust covers:
    (a) Continue weekly inspection and functional testing of the 
complete deluge-type water spray system; and
    (b) Remove blow-off dust covers from the nozzles.
    The petitioner asserts that the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.

Patricia W. Silvey,
Deputy Assistant Secretary for Operations, Mine Safety and Health 
Administration.
[FR Doc. 2018-20756 Filed 9-24-18; 8:45 am]
 BILLING CODE 4520-43-P

48456 Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices

respect to the ’967 patent, the ’171 determined to modify the ID’s Issued: September 19, 2018.
patent, claims 21–30 of the ’059 patent, construction of ‘‘a processor adapted to Lisa Barton,
and claim 14 of the ’844 patent. Order control a decoding process,’’ and, under Secretary to the Commission.
No. 24 (Oct. 10, 2017), not reviewed the modified construction, finds that the [FR Doc. 2018–20778 Filed 9–24–18; 8:45 am]
Notice (Oct. 24, 2017). Broadcom also limitation is satisfied for the technical BILLING CODE 7020–02–P
elected to withdraw claims 5 and 11–13 prong of the domestic industry
of the ’844 patent in its post-hearing requirement and invalidity, but is not
brief. ID at 7. Accordingly, at the time satisfied for infringement. The
of the final ID, the only remaining Commission also has determined to DEPARTMENT OF LABOR
claims were claims 1, 10, 11, 16, 17, and
affirm under modified reasoning that
22 of the ’104 patent; claims 1–4, 6–10, Mine Safety and Health Administration
Fandrianto satisfies the limitation
of the ’844 patent; and claims 11–20 of
the ’059 patent. ‘‘adapted to perform a decoding Petitions for Modification of
On May 11, 2018, the ALJ issued a function on a digital media stream.’’ The Application of Existing Mandatory
final ID finding no violation of section Commission has additionally Safety Standard
337. Specifically, he found that determined to modify the ID’s
Respondents did not infringe any claim, construction of ‘‘the blended graphics AGENCY: Mine Safety and Health
that the asserted claims of the ’844 image,’’ and, under the modified Administration, Labor.
patent are invalid, and that Broadcom construction, finds that the limitation is ACTION: Notice.
did not satisfy the technical prong of the satisfied for infringement and the
domestic industry requirement for the technical prong. The Commission has SUMMARY: This notice is a summary of
’104 patent. On May 29, 2018, a petition for modification submitted to
further determined to affirm under
Broadcom and Respondents each the Mine Safety and Health
modified reasoning the ID’s
petitioned for review of the ID. On June Administration (MSHA) by the parties
construction of ‘‘blend the blended
6, 2018, the parties opposed each other’s listed below.
graphic image with the video image
petitions. DATES: All comments on the petition
using the alpha values and/or at least
On July 17, 2018, the Commission one value derived from the alpha must be received by MSHA’s Office of
determined to review the following Standards, Regulations, and Variances
values,’’ and affirms the ID’s findings on
issues: (1) The construction of ‘‘a on or before October 25, 2018.
infringement, invalidity, and the
processor adapted to control a decoding ADDRESSES: You may submit your
process’’ in claim 1 of the ’844 patent, technical prong with respect to the
limitation. Finally, the Commission has comments, identified by ‘‘docket
as well as related issues of infringement, number’’ on the subject line, by any of
invalidity, and the technical prong of determined to take no position on the
the following methods:
the domestic industry requirement with ID’s finding that claims 1 and 10 of the
1. Email: zzMSHA-comments@
respect to the limitation; (2) the finding ’104 patent are obvious.
dol.gov. Include the docket number of
that the prior art reference Fandrianto Accordingly, the Commission has the petition in the subject line of the
anticipates the limitation ‘‘adapted to determined that Broadcom has failed to message.
perform a decoding function on a digital show a violation of section 337 with 2. Facsimile: 202–693–9441.
media stream’’ of claim 1 of the ’844 respect to both the ’844 and ’104 3. Regular Mail or Hand Delivery:
patent; (3) the construction of ‘‘the patents. For the ’844 patent, the MSHA, Office of Standards,
blended graphics image’’ in claim 1 of Commission finds that Broadcom failed Regulations, and Variances, 201 12th
the ’104 patent, as well as related issues to establish infringement, but did satisfy Street South, Suite 4E401, Arlington,
of infringement, invalidity, and the Virginia 22202–5452, Attention: Sheila
the technical prong of the domestic
technical prong of the domestic industry McConnell, Director, Office of
industry requirement. The Commission
requirement with respect to the Standards, Regulations, and Variances.
limitation; (4) the construction of further finds that the Respondents
showed by clear and convincing Persons delivering documents are
‘‘blend the blended graphics image with required to check in at the receptionist’s
the video image using the alpha values evidence that claims 1–10 are invalid as
anticipated. For the ’104 patent, the desk in Suite 4E401. Individuals may
and/or at least one value derived from inspect a copy of the petition and
the alpha values’’ limitation in claim 1 Commission finds that Broadcom failed
to show both infringement and the comments during normal business
of the ’104 patent, as well as related hours at the address listed above.
issues of infringement, invalidity, and satisfaction of the technical prong of the
MSHA will consider only comments
the technical prong of the domestic domestic industry requirement. The
postmarked by the U.S. Postal Service or
industry requirement with respect to the Commission’s determinations are
proof of delivery from another delivery
limitation; and (5) the finding that explained more fully in the
service such as UPS or Federal Express
claims 1 and 10 of the ’104 patent are accompanying Opinion. All other on or before the deadline for comments.
invalid as obvious if certain claim findings in the ID under review that are
constructions are modified. The FOR FURTHER INFORMATION CONTACT:
consistent with the Commission’s
Commission determined not to review Barbara Barron, Office of Standards,
determinations are affirmed.
the ID’s finding of no violation with Regulations, and Variances at 202–693–
The authority for the Commission’s 9447 (voice), barron.barbara@dol.gov
respect to the ’059 patent.
Having examined the record of this determination is contained in section (email), or 202–693–9441 (fax). [These
daltland on DSKBBV9HB2PROD with NOTICES

investigation, including the ALJ’s final 337 of the Tariff Act of 1930, as are not toll-free numbers.]
ID, the petitions, responses, and other amended (19 U.S.C. 1337), and in part SUPPLEMENTARY INFORMATION: Section
submissions from the parties and the 210 of the Commission’s Rules of 101(c) of the Federal Mine Safety and
public, the Commission has determined Practice and Procedure (19 CFR part Health Act of 1977 and Title 30 of the
that Broadcom has not proven a 210). Code of Federal Regulations Part 44
violation of section 337 by Sigma and By order of the Commission. govern the application, processing, and
Vizio. Specifically, the Commission has disposition of petitions for modification.

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Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Notices 48457

I. Background (a) Continue weekly inspection and This new, transformative strategy
Section 101(c) of the Federal Mine functional testing of the complete focuses on three key inter-related
Safety and Health Act of 1977 (Mine deluge-type water spray system; and areas—security, procurement, and
Act) allows the mine operator or (b) Remove blow-off dust covers from workforce—necessary to drive cloud
representative of miners to file a the nozzles. adoption through building knowledge in
petition to modify the application of any The petitioner asserts that the government and removing burdensome
mandatory safety standard to a coal or proposed alternative method will at all policy barriers. This strategy will be
other mine if the Secretary of Labor times guarantee no less than the same available for review and public
(Secretary) determines that: measure of protection afforded by the comment at https://cloud.cio.gov/.
1. An alternative method of achieving standard.
Suzette Kent,
the result of such standard exists which Patricia W. Silvey, U.S. Federal Chief Information Officer.
will at all times guarantee no less than Deputy Assistant Secretary for Operations, [FR Doc. 2018–20819 Filed 9–24–18; 8:45 am]
the same measure of protection afforded Mine Safety and Health Administration. BILLING CODE 3110–05–P
the miners of such mine by such [FR Doc. 2018–20756 Filed 9–24–18; 8:45 am]
standard; or
BILLING CODE 4520–43–P
2. That the application of such
standard to such mine will result in a NATIONAL ARCHIVES AND RECORDS
diminution of safety to the miners in ADMINISTRATION
such mine. OFFICE OF MANAGEMENT AND
In addition, the regulations at 30 CFR BUDGET Office of Government Information
44.10 and 44.11 establish the Services
Request for Comments on 2018
requirements and procedures for filing [NARA–2018–061]
Federal Cloud Computing Strategy
petitions for modification.
AGENCY: Office of Management and Chief FOIA Officers Council Meeting
II. Petition for Modification
Budget. AGENCY: Office of Government
Docket Number: M–2018–017–C.
ACTION: Notice of public comment Information Services (OGIS), National
Petitioner: Raw Coal Mining
Company, Inc., 356 South College period. Archives and Records Administration
Avenue, Bluefield, Virginia 24605. (NARA).
SUMMARY: The Office of Management
Mine: EDM No. 1 Mine, MSHA I.D. ACTION: Notice of Chief FOIA Officers
and Budget (OMB) is seeking public
No. 46–09507, located in McDowell comment on a draft document titled Council meeting.
County, West Virginia. ‘‘2018 Federal Cloud Computing
Regulation Affected: 30 CFR 75.1101– SUMMARY: OGIS and the Office of
Strategy.’’ Information Policy (OIP), U.S.
1(b) (Deluge-type water spray systems).
Modification Request: The petitioner DATES: The public comment period on Department of Justice, announce a
requests a modification of the existing the draft memorandum begins on second 2018 meeting of the Chief FOIA
standard to permit the removal of blow- September 24, 2018, and will last for 30 Officers Council.
off dust covers from nozzles on deluge- days. The public comment period will DATES: The meeting will be Thursday,
type water spray systems. end on October 24, 2018. October 4, 2018, from 10:00 a.m. to 12
The petitioner states that: ADDRESSES: Interested parties should p.m. EDT. Please register for the meeting
(1) Sections 75.1101–1 through provide comments at the following link: no later than October 2, at 5:00 p.m.
75.1101–4 set forth various https://cloud.cio.gov/. The Office of EDT (registration information below).
requirements regarding deluge-type Management and Budget is located at Location: National Archives and
water spray systems; among the 725 17th Street NW, Washington, DC Records Administration (NARA); 700
requirements there is no mandate to 20503. Pennsylvania Avenue NW; William G.
inspect and functionally test those McGowan Theater; Washington, DC
systems. The petitioner conducts a FOR FURTHER INFORMATION CONTACT: Bill 20408.
weekly inspection and functional test of Hunt at ofcio@omb.eop.gov or the Office
of the Federal Chief Information Officer FOR FURTHER INFORMATION CONTACT:
the complete deluge-type water spray
at (202) 395–3080. Martha Murphy, by mail at National
system at its EDM No. 1 Mine.
(2) Currently, the petitioner complies SUPPLEMENTARY INFORMATION: The Office Archives and Records Administration;
with the requirements of section of Management and Budget (OMB) is Office of Government Information
75.1101–1(b) by providing each nozzle proposing a new Federal Cloud Services; 8601 Adelphi Road—OGIS;
with a blow-off cover. The petitioner Computing Strategy (‘‘Cloud Smart’’) to College Park, MD 20740–6001, by
states that because of the frequent increase cloud adoption across the telephone at 202–741–5772, or by email
inspections and functional testing of the Federal portfolio. As part of the at martha.murphy@nara.gov, with the
system, the blow-off dust covers are not President’s Management Agenda, the subject line ‘‘Chief FOIA Officers
necessary because the nozzles can be U.S. Government has committed to Council.’’ To request additional
maintained in an unclogged condition modernize legacy technology and accommodations (e.g., a transcript),
through weekly use. Further, it is leverage leading practices from industry email ogis@nara.gov or call 202–741–
burdensome to recap the large number to improve citizen services, reduce 5770.
of blow-off dust covers after each operational costs, and enhance the SUPPLEMENTARY INFORMATION: This
daltland on DSKBBV9HB2PROD with NOTICES

weekly inspection and functional test. security of the Federal enterprise. The meeting is open to the public in
(3) Petitioner proposes the following 2018 Federal Cloud Computing Strategy, accordance with the Freedom of
alternative method of achieving the ‘‘Cloud Smart,’’ an update of the Information Act (5 U.S.C. 552(k)). The
result of the standard in section original Cloud approach, addresses gaps Chief FOIA Officers Council is co-
75.1101–1(b), insofar as it requires that in previous guidance, embraces new chaired by the Directors of OIP and
nozzles be provided with blow-off dust capabilities, and provides an end-to-end OGIS. Among the purposes of the Chief
covers: strategy to accelerate transformation. FOIA Officers Council is developing

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Document Created: 2018-09-25 00:22:31
Document Modified: 2018-09-25 00:22:31

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		All comments on the petition must be received by MSHA's Office of Standards, Regulations, and Variances on or before October 25, 2018.
Contact		Barbara 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 Citation		83 FR 48456

83 FR 48456 - Petitions for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABORMine Safety and Health Administration

Federal Register Volume 83, Issue 186 (September 25, 2018)

DEPARTMENT OF LABOR
Mine Safety and Health Administration