Notice2023-17644
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
August 17, 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 December 31, 2022, and June 30, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 158 (Thursday, August 17, 2023)</title>
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[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Notices]
[Pages 56052-56054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17644]
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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 December 31,
2022, and June 30, 2023.
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#9dcdf8e9f4e9f4f2f3eefbf2eff0f2f9f4fbf4fefce9f4f2f3ddf9f2f1b3faf2eb"><span class="__cf_email__" data-cfemail="a6f6c3d2cfd2cfc9c8d5c0c9d4cbc9c2cfc0cfc5c7d2cfc9c8e6c2c9ca88c1c9d0">[email protected]</span></a> (email), or 202-693-9441 (fax). [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 (88 FR 7468) included petitions granted through December 31,
2022, the following are petitions granted between January 1, 2023, and
June 30, 2023. The granted petitions are shown in the order that MSHA
received them.
<bullet> Docket Number: M-2021-034-C.
FR Notice: 86 FR 71666 (12/17/2021).
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Knob Creek Mine, MSHA ID No. 36-09394, located in Indiana
County, Pennsylvania.
[[Page 56053]]
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
<bullet> Docket Number: M-2021-038-C.
FR Notice: 86 FR 72630 (12/22/2021).
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2021-039-C.
FR Notice: 86 FR 72630 (12/22/2021).
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, 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-2021-040-C.
FR Notice: 86 FR 72630 (12/22/2021).
Petitioner: Peabody Southeast Mining LLC, 701 Market Street, St.
Louis, Missouri 63101.
Mine: Shoal Creek Mine, MSHA ID No. 01-02901, located in Tuscaloosa
and Walker Counties, Alabama.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2022-003-C.
FR Notice: 87 FR 16234 (03/22/2022).
Petitioner: Rosebud Mining Company, 301 Market Street, Kittanning,
Pennsylvania 16201.
Mine: Dutch Run Mine, MSHA ID No. 36-08701, located in Armstrong
County, Pennsylvania; Parkwood Mine, MSHA ID No. 36-08785, located in
Armstrong County, Pennsylvania; Madison Mine, MSHA ID No. 36-09127,
located in Cambria County, Pennsylvania; Lowry Mine, MSHA ID No. 36-
09287, located in Indiana County, Pennsylvania; Cresson Mine, MSHA ID
No. 36-09308, located in Cambria County, Pennsylvania; Barrett Mine,
MSHA ID No. 36-09342, located in Indiana County, Pennsylvania; Penfield
Mine, MSHA ID No. 36-09355, located in Clearfield County, Pennsylvania;
Mine 78, MSHA ID No. 36-09371, located in Somerset County,
Pennsylvania; Kocjancic Mine, MSHA ID No. 36-09436, located in
Jefferson County, Pennsylvania; Brush Valley Mine, MSHA ID No. 36-
09437, located in Indiana County, Pennsylvania; Harmony Mine, MSHA ID
No. 36-09477, located in Clearfield County, Pennsylvania; Crooked Creek
Mine, MSHA ID No. 36-09972, located in Indiana County, Pennsylvania.
Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
<bullet> Docket Number: M-2022-005-C.
FR Notice: 87 FR 28846 (05/11/2022).
Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, West
Virginia 25650.
Mine: Berwind Deep Mine, MSHA ID No. 46-09533, located in McDowell
County, West Virginia.
Regulation Affected: 30 CFR 75.364(b)(2) (Weekly examination).
<bullet> Docket Number: M-2022-015-C.
FR Notice: 87 FR 55044 (09/08/2022).
Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg,
Pennsylvania 15370.
Mine: Cumberland Mine, MSHA ID No. 36-05018, located in Greene
County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2022-016-C.
FR Notice: 87 FR 55042 (09/08/2022).
Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg,
Pennsylvania 15370.
Mine: Cumberland Mine, MSHA ID No. 36-05018, 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-2022-017-C.
FR Notice: 87 FR 55043 (09/08/2022).
Petitioner: Iron Cumberland, LLC, 576 Maple Run Road, Waynesburg,
Pennsylvania 15370.
Mine: Cumberland Mine, MSHA ID No. 36-05018, located in Greene
County, Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2022-023-C.
FR Notice: 87 FR 68199 (11/14/2022).
Petitioner: Panther Creek Mining, 250 West Main Street, Suite 2000,
Lexington, Kentucky 40507.
Mine: Maple Eagle No. 1 Mine, MSHA ID No. 46-04236, located in
Fayette County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2022-024-C.
FR Notice: 87 FR 68195 (11/14/2022).
Petitioner: Panther Creek Mining, 250 West Main Street, Suite 2000,
Lexington, Kentucky 40507.
Mine: Maple Eagle No. 1 Mine, MSHA ID No. 46-04236, located in
Fayette 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-2022-025-C.
FR Notice: 87 FR 68197 (11/14/2022).
Petitioner: Panther Creek Mining, 250 West Main Street, Suite 2000,
Lexington, Kentucky 40507.
Mine: Maple Eagle No. 1 Mine, MSHA ID No. 46-04236, located in
Fayette County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2022-026-C.
FR Notice: 87 FR 73043 (11/28/2022).
Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine
Road, Adger, Alabama 35006.
Mine: Oak Grove Mine, MSHA ID No. 01-00851, located in Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2022-027-C.
FR Notice: 87 FR 73042 (11/28/2022).
Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine
Road, Adger, Alabama 35006.
Mine: Oak Grove Mine, MSHA ID No. 01-00851, 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-2022-028-C.
FR Notice: 87 FR 73046 (11/28/2022).
Petitioner: Crimson Oak Grove Resources, LLC, 8800 Oak Grove Mine
Road, Adger, Alabama 35006.
Mine: Oak Grove Mine, MSHA ID No. 01-00851, located in Jefferson
County, Alabama.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2022-029-C.
FR Notice: 87 FR 73044 (11/28/2022).
Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, West
Virginia 25650.
Mine: Mine No. 1, MSHA ID No. 44-07369, located in Tazewell County,
Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2022-030-C.
FR Notice: 87 FR 73040 (11/28/2022).
Petitioner: Ramaco Resources, LLC, PO Box 219, Verner, West
Virginia 25650
Mine: Mine No. 1, MSHA ID No. 44-07369, located in Tazewell County,
Virginia
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last
[[Page 56054]]
open crosscut; return air; permissibility requirements).
<bullet> Docket Number: M-2022-031-C.
FR Notice: 87 FR 73047 (11/28/2022).
Petitioner: Ramaco Resources, LLC, P.O. Box 219, Verner, West
Virginia 25650.
Mine: Mine No. 1, MSHA ID No. 44-07369, located in Tazewell County,
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. 2023-17644 Filed 8-16-23; 8:45 am]
BILLING CODE 4520-43-P
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</html>Indexed from Federal Register on August 17, 2023.
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