Notice2022-03767
Affirmative Decisions on Petitions for Modification Granted in Whole or in Part
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2022
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Federal Mine Safety and Health Act of 1977 and Title 30 of the Code of Federal Regulations govern the application, processing, and disposition of petitions for modification of mandatory safety standards. Any mine operator or representative of miners may petition for an alternative method of complying with an existing safety standard. MSHA reviews the content of each submitted petition, assesses the mine in question, and ultimately issues a decision on the petition. This notice includes a list of petitions for modification that were granted after MSHA's review and investigation, between July 1, 2021 and December 31, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10256-10257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03767]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Affirmative Decisions on Petitions for Modification Granted in
Whole or in Part
AGENCY: Mine Safety and Health Administration (MSHA), Labor.
ACTION: Notice.
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SUMMARY: The Federal Mine Safety and Health Act of 1977 and Title 30 of
the Code of Federal Regulations govern the application, processing, and
disposition of petitions for modification of mandatory safety
standards. Any mine operator or representative of miners may petition
for an alternative method of complying with an existing safety
standard. MSHA reviews the content of each submitted petition, assesses
the mine in question, and ultimately issues a decision on the petition.
This notice includes a list of petitions for modification that were
granted after MSHA's review and investigation, between July 1, 2021 and
December 31, 2021.
ADDRESSES: Copies of the final decisions are posted on MSHA's website
at <a href="https://www.msha.gov/regulations/rulemaking/petitions-modification">https://www.msha.gov/regulations/rulemaking/petitions-modification</a>.
The public may also inspect the petitions and final decisions in person
at MSHA, Office of Standards, Regulations, and Variances, 201 12th
Street South, Arlington, Virginia, between 9:00 a.m. and 5:00 p.m.
Monday through Friday, except federal holidays. Before visiting MSHA in
person, call 202-693-9455 to make an appointment, in keeping with the
Department of Labor's COVID-19 policy. Special health precautions may
be required.
FOR FURTHER INFORMATION CONTACT: S. Aromie Noe, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#463623322f322f2928352029342b29222f202f2527322f29280622292a68212930"><span class="__cf_email__" data-cfemail="e49481908d908d8b8a97828b96898b808d828d8785908d8b8aa4808b88ca838b92">[email protected]</span></a> (email), or 202-693-9441 (facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
I. Introduction
Under section 101 of the Federal Mine Safety and Health Act of
1977, any mine operator or representative of miners may petition to use
an alternative approach to comply with a mandatory safety standard. In
response, the Secretary of Labor (Secretary) or his or her designee may
modify the application of a mandatory safety standard to that mine if
the Secretary determines that: (1) An alternative method exists that
will guarantee no less protection for the miners affected than that
provided by the standard; or (2) the application of the standard will
result in a diminution of safety to the affected miners.
MSHA bases the final decision on the petitioner's statements, any
comments and information submitted by interested persons, and a field
investigation of the conditions at the mine. In some instances, MSHA
may approve a petition for modification on the condition that the mine
operator complies with other requirements noted in the decision. In
other instances, MSHA may deny, dismiss, or revoke a petition for
modification. In accordance with 30 CFR 44.5, MSHA publishes every
final action granting a petition for modification.
II. Granted Petitions for Modification
On the basis of the findings of MSHA's investigation, and as
designee of the Secretary, MSHA granted or partially granted the
petitions for modification below. Since the previous Federal Register
notice (86 FR 41519) included petitions granted through June 30, 2021,
listed below are petitions granted between July 1, 2021 and December
31, 2021. The granted petitions are shown in the order that MSHA
received them.
<bullet> Docket Number: M-2020-009-C.
FR Notice: 85 FR 47404 (8/5/2020).
Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport,
West Virginia 26330.
Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2020-023-C.
FR Notice: 85 FR 66582 (10/20/2020).
Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport,
West Virginia 26330.
Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.507-1 (Electric equipment other than
power-connection points; outby the last open crosscut; return air;
permissibility requirements.).
<bullet> Docket Number: M-2020-025-C.
FR Notice: 85 FR 66582 (10/20/2020).
[[Page 10257]]
Petitioner: Century Mining LLC, 200 Chapel Brook Drive, Bridgeport,
West Virginia 26330.
Mine: Longview Mine, MSHA I.D. No. 46-09447, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.1002 (Installation of electric
equipment and conductors; permissibility.)
<bullet> Docket Number: M-2021-002-C.
FR Notice: 86 FR 16641 (3/30/2021).
Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65,
Rangely, Colorado 81648.
Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
<bullet> Docket Number: M-2021-003-C.
FR Notice: 86 FR 16641 (3/30/2021).
Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65,
Rangely, Colorado 81648.
Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-004-C.
FR Notice: 86 FR 16641 (3/30/2021).
Petitioner: Blue Mountain Energy, Inc., 3607 County Road #65,
Rangely, Colorado 81648.
Mine: Deserado Mine, MSHA ID No. 05-03505, located in Rio Blanco
County, Colorado.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2021-005-C.
FR Notice: 86 FR 16644 (3/30/2021).
Petitioner: Blue Diamond Mining, LLC, 1021 Tori Drive, Hazard,
Kentucky, 41701.
Mine: Calvary Mine #81, MSHA ID No. 15-12753, located in Leslie
County, Kentucky.
Regulation Affected: 30 CFR 75.364 (Weekly examination). 30 CFR
75.364(b)(2) requires that at least every 7 days an examination for
hazardous conditions shall be made by a certified person designated by
the operator in at least one entry of each return air course, in its
entirety, so that the entire air course is traveled.
<bullet> Docket Number: M-2021-007-C.
FR Notice: 86 FR 27898 (5/24/2021).
Petitioner: Mountain Coal Company, L.L.C., 5174 Highway 133,
Somerset, Colorado, 81434.
Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
<bullet> Docket Number: M-2021-009-C.
FR Notice: 86 FR 27898 (5/24/2021).
Petitioner: Mountain Coal Company, L.L.C., 5174 Highway 133,
Somerset, Colorado, 81434.
Mine: West Elk Mine, MSHA ID No. 05-03672, located in Gunnison
County, Colorado.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2021-004-M.
FR Notice: 86 FR 38360 (7/20/2021).
Petitioner: Genesis Alkali, LLC, 580 Westvaco Rd., Green River,
Wyoming, 82935.
Mine: Genesis Alkali @WESTVACO, MSHA ID No. 48-00152, located in
Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III
mines)).
<bullet> Docket Number: M-2021-026-C.
FR Notice: 86 FR 46018 (8/17/21).
Petitioner: Marion County Coal Resources, Inc., 151 Johnnycake
Road, Metz, West Virginia (Zip 26585).
Mine: Marion County Mine, MSHA ID No. 46-01433, located in Marion
County, West Virginia.
Regulation Affected: 30 CFR 75-1700 (Oil and gas wells).
Song-ae Aromie Noe,
Acting Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-03767 Filed 2-22-22; 8:45 am]
BILLING CODE 4520-43-P
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