83_FR_53315 83 FR 53112 - Petitions for Modification of Application of Existing Mandatory Safety Standard

83 FR 53112 - Petitions for Modification of Application of Existing Mandatory Safety Standard

DEPARTMENT OF LABOR
Mine Safety and Health Administration

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range53112-53113
FR Document2018-22744

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 203 (Friday, October 19, 2018)
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53112-53113]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22744]


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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.

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

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 November 19, 
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.

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-2018-008-M.
    Petitioner: U.S. Silica Company, 5263 Edmund Highway, West 
Columbia, South Carolina 29170.
    Mines: Columbia Plant, MSHA I.D. No. 38-00138, located in Lexington 
County, South Carolina.
    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 that will provide no 
less a degree of safety than that provided by the standard.
    The petitioner states that:
    (1) The alternative method provides a direct reduction of miners' 
exposure to respirable dust, thus reducing their health risks. The 
proposed alternative method has been jointly developed between Unimin 
Corporation and the National Institute of Occupational Safety and 
Health (NIOSH) and successfully tested by the NIOSH.
    (2) The petition proposes the following:
--Only miners trained in the operation of the clothes cleaning booth 
will be permitted to use the booth to clean their clothes.
--Petitioner will incorporate the NIOSH Clothes Cleaning Process and 
manufacturer's instruction manual into their MSHA Part 48 training plan 
and train affected miners in the process.
--Miners entering the booth will examine valves and nozzles for damage 
or malfunction and will close the door fully before opening the air

[[Page 53113]]

valve. Any defects will be repaired prior to the booth being used.
--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 use of the above personal 
protective equipment when the booth is entered.
--Air flow through the booth will be at least 2,000 cubic feet per 
minute to maintain negative pressure during use of the cleaning booth 
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.
--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.
--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.
--Air nozzles must not exceed 30 pounds per square inch gauge.
--The upper most spray of the spray manifold will be located below the 
booth user's breathing zone. Some type of mechanical device can be used 
to cover the upper air nozzles to meet the specific height of the user.
--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.
--Periodic maintenance checks of the booth will be conducted in 
accordance with the recommendations contained in the manufacturer's 
instruction manual.
--The air receiver tank supplying air to the manifold system will be of 
sufficient volume to permit no less than 20 seconds of continuous 
cleaning time.
--An appropriate hazard warning sign will be posted on the booth to 
state at a minimum, ``Compressed Air'' and ``Respirable Dust''.
--A pressure relief valve designed for the booth's air reservoir will 
be installed.
--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 the proposed alternative method will at 
all times guarantee no less than the same measure of protection 
afforded by the standard.

Roslyn B. Fontaine,
Deputy Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-22744 Filed 10-18-18; 8:45 am]
BILLING CODE 4520-43-P



                                              53112                         Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices

                                              II. Review Focus                                          Total Burden Cost (Nominations and                  govern the application, processing, and
                                                OFCCP is particularly interested in                   Finalists): $94,583.                                  disposition of petitions for modification.
                                              comments which:                                         Harvey D. Fort,                                       I. Background
                                                • Evaluate whether the proposed                       Acting Director, Division of Policy and                 Section 101(c) of the Federal Mine
                                              collection of information is necessary                  Program Development, Office of Federal                Safety and Health Act of 1977 (Mine
                                              for the compliance assistance functions                 Contract Compliance Programs.
                                                                                                                                                            Act) allows the mine operator or
                                              of the agency that support the agency’s                 [FR Doc. 2018–22858 Filed 10–18–18; 8:45 am]
                                                                                                                                                            representative of miners to file a
                                              compliance mission, including whether                   BILLING CODE 4510–CM–P                                petition to modify the application of any
                                              the information will have practical
                                                                                                                                                            mandatory safety standard to a coal or
                                              utility;
                                                                                                                                                            other mine if the Secretary of Labor
                                                • Evaluate the accuracy of the                        DEPARTMENT OF LABOR                                   (Secretary) determines that:
                                              agency’s estimate of the burden of the
                                                                                                      Mine Safety and Health Administration                   1. An alternative method of achieving
                                              proposed collection of information,
                                                                                                                                                            the result of such standard exists which
                                              including the validity of the
                                                                                                      Petitions for Modification of                         will at all times guarantee no less than
                                              methodology and assumptions used;
                                                                                                      Application of Existing Mandatory                     the same measure of protection afforded
                                                • Enhance the quality, utility and
                                                                                                      Safety Standard                                       the miners of such mine by such
                                              clarity of the information to be
                                                                                                                                                            standard; or
                                              collected; and                                          AGENCY: Mine Safety and Health                          2. That the application of such
                                                • Minimize the burden of the                          Administration, Labor.                                standard to such mine will result in a
                                              collection of information on those who                  ACTION: Notice.                                       diminution of safety to the miners in
                                              are to respond, including through the                                                                         such mine.
                                              use of appropriate automated,                           SUMMARY:   This notice is a summary of                  In addition, the regulations at 30 CFR
                                              electronic, mechanical, or other                        a petition for modification submitted to              44.10 and 44.11 establish the
                                              technological collection techniques or                  the Mine Safety and Health                            requirements and procedures for filing
                                              other forms of information technology,                  Administration (MSHA) by the party                    petitions for modification.
                                              e.g., permitting electronic submissions                 listed below.
                                              of responses.                                           DATES: All comments on the petition
                                                                                                                                                            II. Petition for Modification
                                              III. Current Actions                                    must be received by MSHA’s Office of                    Docket Number: M–2018–008–M.
                                                                                                      Standards, Regulations, and Variances                   Petitioner: U.S. Silica Company, 5263
                                                 OFCCP seeks approval of this new                     on or before November 19, 2018.                       Edmund Highway, West Columbia,
                                              information collection in order to carry                                                                      South Carolina 29170.
                                                                                                      ADDRESSES: You may submit your
                                              out and enhance its responsibilities to                                                                         Mines: Columbia Plant, MSHA I.D.
                                              enforce the nondiscrimination and                       comments, identified by ‘‘docket
                                                                                                      number’’ on the subject line, by any of               No. 38–00138, located in Lexington
                                              affirmative action provisions of the                                                                          County, South Carolina.
                                              three legal authorities it administers.                 the following methods:
                                                                                                         1. Email: zzMSHA-comments@                           Regulation Affected: 30 CFR 56.13020
                                                 Type of Review: New Request.                                                                               (Use of compressed air).
                                                 Agency: Office of Federal Contract                   dol.gov. Include the docket number of
                                                                                                      the petition in the subject line of the                 Modification Request: The petitioner
                                              Compliance Programs.                                                                                          requests a modification of the existing
                                                 Title: Contractor Recognition                        message.
                                                                                                         2. Facsimile: 202–693–9441.                        standard to permit an alternative
                                              Program—Leadership in Equal Access                                                                            method that will provide no less a
                                              and Diversity (LEAD) Award.                                3. Regular Mail or Hand Delivery:
                                                                                                      MSHA, Office of Standards,                            degree of safety than that provided by
                                                 OMB Number: 1250–[NEW].                                                                                    the standard.
                                                 Agency Number: None.                                 Regulations, and Variances, 201 12th
                                                                                                      Street South, Suite 4E401, Arlington,                   The petitioner states that:
                                                 Affected Public: Business or other for-                                                                      (1) The alternative method provides a
                                              profit entities.                                        Virginia 22202–5452, Attention: Sheila
                                                                                                                                                            direct reduction of miners’ exposure to
                                                 Total Respondents for Nominations:                   McConnell, Director, Office of
                                                                                                                                                            respirable dust, thus reducing their
                                              100.                                                    Standards, Regulations, and Variances.
                                                                                                                                                            health risks. The proposed alternative
                                                 Total Annual Responses for                           Persons delivering documents are
                                                                                                                                                            method has been jointly developed
                                              Nominations: 100 biennially.                            required to check in at the receptionist’s
                                                                                                                                                            between Unimin Corporation and the
                                                 Average Time per Response for                        desk in Suite 4E401. Individuals may
                                                                                                                                                            National Institute of Occupational
                                              Nominations: 26 hours.                                  inspect a copy of the petition and
                                                                                                                                                            Safety and Health (NIOSH) and
                                                 Estimated Total Burden Hours for                     comments during normal business
                                                                                                                                                            successfully tested by the NIOSH.
                                              Nominations: 2,600.                                     hours at the address listed above.
                                                                                                                                                              (2) The petition proposes the
                                                 Frequency: Biennially.                                  MSHA will consider only comments
                                                                                                                                                            following:
                                                 Total Burden Cost for Nominations:                   postmarked by the U.S. Postal Service or
                                                                                                                                                            —Only miners trained in the operation
                                              $88,842.                                                proof of delivery from another delivery
                                                                                                                                                              of the clothes cleaning booth will be
                                                 Total Respondents for Finalists: 6.                  service such as UPS or Federal Express
                                                                                                                                                              permitted to use the booth to clean
                                                 Total Annual Responses for Finalists:                on or before the deadline for comments.
                                                                                                                                                              their clothes.
                                              6 biennially.                                           FOR FURTHER INFORMATION CONTACT:                      —Petitioner will incorporate the NIOSH
                                                 Average Time per Response for                        Barbara Barron, Office of Standards,                    Clothes Cleaning Process and
                                              Finalists: 28 hours.                                    Regulations, and Variances at 202–693–                  manufacturer’s instruction manual
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                                                 Estimated Total Burden Hours for                     9447 (voice), barron.barbara@dol.gov                    into their MSHA Part 48 training plan
                                              Finalists: 168 hours.                                   (email), or 202–693–9441 (fax). [These                  and train affected miners in the
                                                 Total Burden Cost for Finalists:                     are not toll-free numbers.]                             process.
                                              $5,741.                                                 SUPPLEMENTARY INFORMATION: Section                    —Miners entering the booth will
                                                 Estimated Total Burden Hours                         101(c) of the Federal Mine Safety and                   examine valves and nozzles for
                                              (Nominations and Finalists): 2,768                      Health Act of 1977 and Title 30 of the                  damage or malfunction and will close
                                              hours.                                                  Code of Federal Regulations Part 44                     the door fully before opening the air


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                                                                            Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Notices                                               53113

                                               valve. Any defects will be repaired                    —The mine will exhaust dust-laden air                 —Subsonic Technology Development
                                               prior to the booth being used.                           from the booth into a local exhaust                    Strategy
                                              —Miners entering the booth will wear                      ventilation system or duct outside the              —Vertical Lift Noise
                                               eye protection, ear plugs or muffs for                   facility while ensuring there is no re-             —Autonomy Update
                                               hearing protection, and respiratory                      entrainment back into the structure.                   For NASA Langley Research Center
                                               protection. Respiratory protection will                  The petitioner asserts that the                     visitor access, please go through the
                                               consist of a full-face or half-mask                    proposed alternative method will at all               Main Gate and show a valid
                                               respirator that meets or exceeds the                   times guarantee no less than the same                 government-issued identification (i.e.,
                                               minimum requirements of a N95 filter                   measure of protection afforded by the                 driver’s license, passport, etc.) to the
                                               to which the miner has been fit-tested.                standard.                                             security guard. Inform the security
                                               As an alternative, the use of a full-face                                                                    guard that you are attending a meeting
                                               respirator will meet the requirements                  Roslyn B. Fontaine,                                   in Building 2101. Foreign nationals
                                               for eye protection. A sign will be                     Deputy Director, Office of Standards,                 attending this meeting will be required
                                               conspicuously posted requiring the                     Regulations, and Variances.                           to provide a copy of their passport and
                                               use of the above personal protective                   [FR Doc. 2018–22744 Filed 10–18–18; 8:45 am]          visa in addition to providing the
                                               equipment when the booth is entered.                   BILLING CODE 4520–43–P                                following information no less than 15
                                              —Air flow through the booth will be at                                                                        days prior to the meeting: Full name;
                                               least 2,000 cubic feet per minute to                                                                         gender; date/place of birth; citizenship;
                                               maintain negative pressure during use                  NATIONAL AERONAUTICS AND                              passport information (number, country,
                                               of the cleaning booth in order to                      SPACE ADMINISTRATION                                  telephone); visa information (number,
                                               prevent contamination of the                                                                                 type, expiration date); employer/
                                               environment outside the booth.                         [Notice (18–079)]                                     affiliation information (name of
                                               Airflow will be in a downward                                                                                institution, address, country,
                                               direction, thereby moving                              NASA Advisory Council; Aeronautics                    telephone); title/position of attendee. To
                                               contaminants away from the miner’s                     Committee; Meeting                                    expedite admittance, U.S. citizens and
                                               breathing zone.                                                                                              Permanent Residents (green card
                                                                                                      AGENCY: National Aeronautics and
                                              —Air pressure through the spray                                                                               holders) are requested to provide full
                                                                                                      Space Administration.
                                               manifold will be limited to 30 pounds                                                                        name and citizenship status no less than
                                                                                                      ACTION: Notice of meeting.                            5 working days in advance. Information
                                               per square inch or less. A lock box
                                               with a single, plant manager                           SUMMARY:   In accordance with the                     should be sent to Ms. Irma Rodriguez by
                                               controlled key will be used to prevent                 Federal Advisory Committee Act, as                    fax at (202) 358–4060. For questions,
                                               regulator tampering.                                   amended, the National Aeronautics and                 please call Ms. Irma Rodriguez at (202)
                                              —The air spray manifold will consist of                 Space Administration (NASA)                           358–0984. Attendees will also be
                                               schedule 80 steel pipe that has a                      announces a meeting of the Aeronautics                required to sign a register prior to
                                               failure pressure of 1,300 pounds per                   Committee of the NASA Advisory                        entering the meeting room. It is
                                               square inch and will be capped at the                  Council (NAC). This meeting will be                   imperative that the meeting be held on
                                               base and actuated by an electrically                   held for soliciting, from the aeronautics             these dates to accommodate the
                                               controlled ball valve at the top.                      community and other persons, research                 scheduling priorities of the key
                                              —Air nozzles must not exceed 30                         and technical information relevant to                 participants.
                                               pounds per square inch gauge.                          program planning.                                     Patricia Rausch,
                                              —The upper most spray of the spray
                                                                                                      DATES: Thursday, November 15, 2018,                   Advisory Committee Management Officer,
                                               manifold will be located below the                                                                           National Aeronautics and Space
                                                                                                      10:30 a.m.–5:30 p.m., Local Time.
                                               booth user’s breathing zone. Some                                                                            Administration.
                                               type of mechanical device can be used                  ADDRESSES: NASA Langley Research
                                                                                                      Center, 2 Langley Boulevard, Building                 [FR Doc. 2018–22799 Filed 10–18–18; 8:45 am]
                                               to cover the upper air nozzles to meet
                                               the specific height of the user.                       2101, Room 305, Hampton, VA 23681.                    BILLING CODE 7510–13–P

                                              —Air nozzles will be guarded to                         FOR FURTHER INFORMATION CONTACT: Ms.
                                               eliminate the possibility of incidental                Irma Rodriguez, Designated Federal
                                                                                                                                                            NATIONAL AERONAUTICS AND
                                               contact, which could create                            Officer, Aeronautics Research Mission
                                                                                                                                                            SPACE ADMINISTRATION
                                               mechanical damage to the air nozzles                   Directorate, NASA Headquarters,
                                               during the clothes cleaning process.                   Washington, DC 20546, (202) 358–0984,                 [Notice (18–080)]
                                              —Periodic maintenance checks of the                     or irma.c.rodriguez@nasa.gov.
                                                                                                                                                            Human Exploration and Operations
                                               booth will be conducted in                             SUPPLEMENTARY INFORMATION: The
                                                                                                                                                            Research Advisory Committee;
                                               accordance with the                                    meeting will be open to the public up
                                                                                                                                                            Meeting
                                               recommendations contained in the                       to the capacity of the room. This
                                               manufacturer’s instruction manual.                     meeting is also available telephonically              AGENCY: National Aeronautics and
                                              —The air receiver tank supplying air to                 and by WebEx. You must use a touch-                   Space Administration.
                                               the manifold system will be of                         tone telephone to participate in this                 ACTION: Notice of meeting.
                                               sufficient volume to permit no less                    meeting. Any interested person may dial
                                               than 20 seconds of continuous                          the USA toll-free conference number 1–                SUMMARY:   In accordance with the
                                               cleaning time.                                         888–769–8716, participant passcode:                   Federal Advisory Committee Act, as
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                                              —An appropriate hazard warning sign                     6813159, followed by the # sign to                    amended, the National Aeronautics and
                                               will be posted on the booth to state at                participate in this meeting by telephone.             Space Administration (NASA)
                                               a minimum, ‘‘Compressed Air’’ and                      The WebEx link is https://nasa.                       announces a meeting of the Human
                                               ‘‘Respirable Dust’’.                                   webex.com/, the meeting number is 994                 Exploration and Operations Research
                                              —A pressure relief valve designed for                   496 825, and the password is                          Advisory Committee.
                                               the booth’s air reservoir will be                      Je2WcGD*. The agenda for the meeting                  DATED: November 16, 2018, 9:00 a.m. to
                                               installed.                                             includes the following topics:                        5:00 p.m., Local Time.


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Document Created: 2018-10-19 01:26:08
Document Modified: 2018-10-19 01:26:08
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 November 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 53112 

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