Notice2023-02265
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 3, 2023
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, 2022, and December 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 23 (Friday, February 3, 2023)</title>
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[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7468-7469]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02265]
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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, 2022,
and December 31, 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#6f21000a413c000108422e0a412e2f0b000341080019"><span class="__cf_email__" data-cfemail="8bc5e4eea5d8e4e5eca6caeea5cacbefe4e7a5ece4fd">[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 42503) included petitions granted through June 30, 2022,
the following are petitions granted between July 1, 2022, and December
31, 2022. The granted petitions are shown in the order that MSHA
received them.
<bullet> Docket Number: M-2021-003-M.
FR Notice: 86 FR 32065 (6/16/2021).
Petitioner: Tata Chemicals Soda Ash Partners, P.O. Box 551, Green
River, Wyoming 82935.
Mine: Tata Chemicals Mine, MSHA ID No. 48-00155, located in
Sweetwater County, Wyoming.
Regulation Affected: 30 CFR 57.22305 (Approved equipment (III
mines)).
<bullet> Docket Number: M-2021-005-M.
FR Notice: 87 FR 8610 (2/15/2022).
Petitioner: U.S. Silica Company, Pacific Plant, 819 Osage Street,
Missouri 63039.
Mine: Pacific Plant, MSHA ID No. 23-00544, located in Franklin
County, Missouri.
Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
<bullet> Docket Number: M-2021-006-C.
FR Notice: 86 FR 24896 (5/10/2021).
Petitioner: Patton Mining, LLC., P.O. Box 457, Hillsboro, Illinois,
62049.
Mine: Deer Run Mine, MSHA I.D. No. 11-03182, located in Montgomery
County, Illinois.
Regulations Affected: 30 CFR 75.503 (Permissible electric face
equipment; maintenance); and 18.35(a)(5)(i) (Portable (trailing) cables
and cords).
<bullet> Docket Number: M-2021-025-C.
FR Notice: 86 FR 40081 (7/26/2021).
Petitioner: Wolf Run Mining Company, 21550 Barbour County Highway,
Philippi, West Virginia 26416.
Mine: Leer South Mine, MSHA ID No. 46-04168, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel
tanks and safety cans).
<bullet> Docket Number: M-2021-027-C.
FR Notice: 86 FR 46021 (8/17/2021).
Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East
Carbon, Utah 84520.
Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon
County, Utah.
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-2021-028-C.
FR Notice: 86 FR 46021 (8/17/2021).
Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East
Carbon, Utah 84520.
Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon
County, Utah.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2021-029-C.
FR Notice: 86 FR 46021 (8/17/2021).
Petitioner: Emery County Coal Resources, Inc., P.O. Box 910, East
Carbon, Utah 84520.
Mine: Lila Canyon Mine, MSHA ID No. 42-02241, located in Carbon
County, Utah.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-32-C.
FR Notice: 86 FR 59430 (10/27/2021).
Petitioner: Consol Pennsylvania Coal Company LLC, 192 Crabapple
Road, Wind Ridge, Pennsylvania 15380.
Mine: Bailey Mine, MSHA ID No. 36-07230, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.312(c) and (d) (Main mine fan
examinations and records).
<bullet> Docket Number: M-2021-033-C.
FR Notice: 86 FR 59428 (10/27/2021).
Petitioner: Consol Pennsylvania Coal Company LLC, 685 Patterson
Creek Road, Sycamore, Pennsylvania 15364.
Mine: Harvey Mine, MSHA ID No. 36-10045, located in Greene County,
Pennsylvania.
Regulation Affected: 30 CFR 75.312(c) and (d) (Main mine fan
examinations and records).
<bullet> Docket Number: M-2021-041-C.
FR Notice: 86 FR 72630 (12/22/2021).
Petitioner: Bronco Utah Operations LLC, Hwy 10 South 550 West
Consol Road, P.O. Box 527, Emery, Utah 84522.
Mine: Emery Mine, MSHA ID No. 42-00079, located in Emery County,
Utah.
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Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
<bullet> Docket Number: M-2021-043-C.
FR Notice: 87 FR 10254 (02/23/2022).
Petitioner: Century Mining, LLC, 7004 Buckhannon Road, Volga, West
Virginia 26238.
Mine: Longview Mine, MSHA ID No. 46-09447, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel
tanks and safety cans).
<bullet> Docket Number: M-2021-046-C.
FR Notice: 87 FR 9644 (2/22/2022).
Petitioner: Prairie State Generating Company, LLC, 4274 County
Highway 12, Marissa, Illinois, 62257.
Mine: Lively Grove Mine, MSHA ID No. 11-03193, located in St. Clair
County, Illinois.
Regulation Affected: 30 CFR 75.1909(b)(6) (Nonpermissible diesel-
powered equipment; design and performance requirements).
<bullet> Docket Number: M-2022-006-C.
FR Notice: 87 FR 24591 (4/26/2022).
Petitioner: ICG Beckley, LLC, P.O. Box 49, Eccles, West Virginia
25836.
Mine: Beckley Pocahontas Mine, MSHA ID No. 46-05252, located in
Raleigh County, West Virginia.
Regulation Affected: 30 CFR 75.312(c) (Mine Fan Examination and
Records).
<bullet> Docket Number: M-2022-006-M.
FR Notice: 87 FR 14297 (3/14/2022).
Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Highway,
Elko, Nevada 89801.
Mine: Turquoise Ridge Mine, MSHA ID No. 26-02286, located in
Humboldt County, Nevada.
Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
<bullet> Docket Number: M-2022-009-C.
FR Notice: 87 FR 38188 (6/27/2022).
Petitioner: American Consolidated Natural Resources, Inc., 46226
National Road, St. Clairsville, Ohio 43950.
Mines: Ohio County Mine, MSHA ID No. 46-01436, located in Marshall
County, West Virginia; Marshall County Mine, MSHA ID No. 46-01437,
located in Marshall County, West Virginia; Marion County Mine, MSHA ID
No. 46-01433, located in Marion County, West Virginia; and Harrison
County Mine, MSHA ID No. 46-01318, located in Harrison County, West
Virginia.
Regulation Affected: 30 CFR 75.507-l(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
<bullet> Docket Number: M-2022-010-C.
FR Notice: 87 FR 38187 (6/27/2022).
Petitioner: American Consolidated Natural Resources, Inc., 46226
National Road, St. Clairsville, Ohio 43950.
Mines: Ohio County Mine, MSHA ID No. 46-01436, located in Marshall
County, West Virginia; Marshall County Mine, MSHA ID No. 46-01437,
located in Marshall County, West Virginia; Marion County Mine, MSHA ID
No. 46-01433, located in Marion County, West Virginia; and Harrison
County Mine, MSHA ID No. 46-01318, located in Harrison County, West
Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2023-02265 Filed 2-2-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on February 3, 2023.
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.