Notice2022-15127
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
July 15, 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 January 1, 2022, and June 30, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 135 (Friday, July 15, 2022)</title>
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[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Notices]
[Pages 42503-42505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15127]
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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 January 1, 2022,
and June 30, 2022.
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 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, Director, Office of
Standards, Regulations, and Variances at 202-693-9440 (voice),
<a href="/cdn-cgi/l/email-protection#9ad4f5ffb4c9f5f4fdb7dbffb4dbdafef5f6b4fdf5ec"><span class="__cf_email__" data-cfemail="fcb29399d2af93929bd1bd99d2bdbc989390d29b938a">[email protected]</span></a> (email), or 202-693-9441 (facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION:
I. Introduction
Under section 101(c) 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 (87 FR 10256) included petitions granted through December 31,
2021, listed below are petitions granted between January 1, 2022, and
June 30, 2022. The granted petitions are shown in the order that MSHA
received them.
<bullet> Docket Number: M-2020-018-C-AG.
FR Notice: 85 FR 58396 (9/18/2020).
Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal
Road, Oakman, Alabama 35579.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2020-019-C-AG.
FR Notice: 85 FR 58396 (9/18/2020).
Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal
Road, Oakman, Alabama 35579.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Jefferson
County, Alabama.
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-2020-020-C-AG.
FR Notice: 85 FR 58396 (9/18/2020).
Petitioner: Peabody Southeast Mining, LLC, 654 Camp Creek Portal
Road, Oakman, Alabama 35579.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2021-010-C.
FR Notice: 86 FR 28385 (5/26/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
[[Page 42504]]
<bullet> Docket Number: M-2021-011-C.
FR Notice: 86 FR 28385 (5/26/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-012-C.
FR Notice: 86 FR 28385 (5/26/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors: Permissibility).
<bullet> Docket Number: M-2021-013-C.
FR Notice: 86 FR 28391 (5/26/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County,
Pennsylvania.
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-2021-014-C.
FR Notice: 86 FR 28391 (5/26/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, ZIP 15317.
Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-015-C.
FR Notice: 86 FR 28391 (5/26/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, ZIP 15317.
Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors: Permissibility).
<bullet> Docket Number: M-2021-016-C.
FR Notice: 86 FR 28906 (05/28/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Enlow Fork Mine, MSHA ID No. 36-07416, located in Washington
County, Pennsylvania.
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-2021-017-C.
FR Notice: 86 FR 28906 (05/28/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Enlow Fork Mine, MSHA ID No. 36-07416, located in Washington
County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-018-C.
FR Notice: 86 FR 28906 (05/28/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Enlow Fork Mine, MSHA ID No. 36-07416, located in Washington
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors: Permissibility).
<bullet> Docket Number: M-2021-019-C.
FR Notice: 86 FR 33773 (06/25/2021) and correction published in 86
FR 35538 (07/06/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming
County, West Virginia.
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-2021-020-C.
FR Notice: 86 FR 33773 (06/25/2021) and correction published in 86
FR 35538 (07/06/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-021-C.
FR Notice: 86 FR 33773 (06/25/2021) and correction published in 86
FR 35538 (07/06/2021).
Petitioner: Consol Pennsylvania Coal Company, LLC, 1000 Consol
Energy Drive, Canonsburg, Pennsylvania, 15317.
Mine: Itmann No. 5 Mine, MSHA ID No. 46-09569, located in Wyoming
County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors: permissibility).
<bullet> Docket Number: M-2021-022-C.
FR Notice: 86 FR 30984 (6/10/2021).
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia, 24639.
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
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-2021-023-C.
FR Notice: 86 FR 30984 (6/10/2021).
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia, 24639.
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-024-C.
FR Notice: 86 FR 30984 (6/10/2021).
Petitioner: Buchanan Minerals, LLC, 1636 Honaker Branch Road,
Oakwood, Virginia, 24639.
Mine: Buchanan No. 1 Mine, MSHA ID No. 44-04856, located in
Buchanan County, Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2021-030-C.
FR Notice: 86 FR 51679 (9/16/2021).
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania, 16201.
Mine: Heilwood Mine, MSHA ID No. 36-09407, located in Indiana
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
<bullet> Docket Number: M-2021-045-C.
FR Notice: 87 FR 9644 (2/22/2022).
Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup,
Montana 59072.
Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in
Musselshell County, Montana.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2022-002-C.
FR Notice: 87 FR 9644 (2/22/2022).
Petitioner: Signal Peak Energy, LLC, 100 Portal Drive, Roundup,
Montana 59072.
[[Page 42505]]
Mine: Bull Mountains Mine No. 1, MSHA ID No. 24-01950, located in
Musselshell County, Montana.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements.)
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2022-15127 Filed 7-14-22; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on July 15, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.