[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Notices]
[Page 95199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31138]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: 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.
This notice is a summary of petitions for modification submitted to the
Mine Safety and Health Administration (MSHA) by the parties listed
below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before January 26, 2017.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [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 copies of the petitions 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 (Facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
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. 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. Petitions for Modification
Docket Number: M-2016-008-M.
Petitioner: Martin Marietta Materials, Inc., 11405 N. Pennsylvania
St., Suite 250, Carmel, Indiana 46032.
Mine: Kokomo Mine, MSHA I.D. No. 12-02105, located in Howard
County, Indiana.
Regulation Affected: 30 CFR 49.2(c) (Availability of mine rescue
teams).
Modification Request: The petitioner requests a modification of the
existing standard for the Martin Marietta, Indiana District Mine Rescue
Team stationed at the Kokomo Mine, to use two additional firefighters
from the Kokomo Fire Department located in Howard County, Indiana. The
two firefighters are in addition to the proposed team of five
experienced miners from the Kokomo mine, North Indianapolis mine,
Noblesville Stone mine and Kentucky Avenue mine.
The petitioner states that:
(1) The firefighters are in close proximity to the mine, and will
receive the required MSHA training.
(2) The members of the fire department have had extensive training
in firefighting, evacuation and rescue.
(3) The additional firefighters will receive underground training
and become familiar with the mines where they will be providing mine
rescue service. The team will have more rescue training than existing
30 CFR 49.8 requires and will train underground with apparatus at each
mine where they provide a service.
The petitioner asserts that the alternative method will at all
times provide the same measure of protection as the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2016-31138 Filed 12-23-16; 8:45 am]
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