SUPPLEMENTARY INFORMATION:

Section 101(c) of the Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations (CFR) 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. The application of such standard to such mine will result in a diminution of safety to the miners in such mine.

In addition, sections 44.10 and 44.11 of 30 CFR establish the requirements for filing petitions for modification.

II. Petition for Modification

Docket Number: M-2026-007-C.

Petitioner: Sally Ann Coal Company, Inc., 356 South College Drive, Bluefield, VA 24605. ( printed page 38028)

Mine: No. 1 Mine, MSHA ID No. 46-07366, located in McDowell County, West Virginia.

Regulation Affected:30 CFR 75-1101-l(b), Deluge-type water spray systems.

Modification Request: The petitioner seeks a petition for modification of standard 30 CFR 75.1101-1(b) to modify the requirement that nozzles be provided with blow-off dust covers on their deluge-type water spray systems.

The petitioner states that:

(a) 30 CFR 75.1101-1(b) provides that “Nozzles attached to the branch lines shall be full core, corrosion resistant and provided with blow-off dust covers.”

(b) Sections 75.1101-1 through 75.1101-4 set forth various requirements regarding deluge-type water spray systems; among those requirements there is no mandate to inspect and functionally test such systems. Nevertheless, Sally Ann Coal Company conducts a weekly inspection and functional test of its complete deluge-type water spray system.

(c) Currently, Sally Ann Coal Company complies with the requirements of 75.1101-1(b) by providing each nozzle with a blow-off dust cover. In view of the frequent inspections and functional testing of the system, the 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 covers weekly after each inspection and functional test.

(d) The alternative method will at all times guarantee no less than the same measure of protection afforded the miners employed at No. 1 Mine by the standard.

The petitioner proposes the following alternative method:

(a) Sally Ann Coal Company proposes the following alternative method of achieving the result of the standard set forth in section 75.1101-1(b), insofar as it requires that nozzles be provided with blow-off dust covers.

(1) Sally Ann Coal Company proposes to continue its weekly inspection and functional testing of the complete deluge-type water spray system.

(2) Sally Coal Company proposes to remove blow-off dust covers from the nozzles.

(b) The miners at No. 1 Mine are not represented by a miners representative and the petition for modification is posted on the mine bulletin board as of February 19, 2026.

The petitioner asserts that the alternative method will guarantee no less than the same measure of protection afforded the miners under the mandatory standard.

91 FR 38027