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)

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, 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