Daily Rules, Proposed Rules, and Notices of the Federal Government
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.
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.
(1) Functional tests are currently being conducted weekly and pressure and flow rates for the deluge system are adequately maintained. In some tests, the dust covers do not come off all spray nozzles.
(2) By conducting functional tests weekly, all spray nozzles can be inspected and maintained on a weekly basis.
(3) The dust covers protect the spray nozzles that are tested yearly, and by testing the spray nozzles weekly, the covers are not necessary.
The petitioner asserts that the proposed alternative method will at all times guarantee the miners no less than the same measure of protection as that afforded by the existing standard.