Notice2024-01980
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 1, 2024
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, 2023, and December 31, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 22 (Thursday, February 1, 2024)</title>
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[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Notices]
[Pages 6553-6554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01980]
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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, 2023,
and December 31, 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#e0b085948994898f8e93868f928d8f84898689838194898f8ea0848f8cce878f96"><span class="__cf_email__" data-cfemail="623207160b160b0d0c11040d100f0d060b040b0103160b0d0c22060d0e4c050d14">[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
[[Page 6554]]
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 56052) included petitions granted through June 30, 2023,
the following are petitions granted between July 1, 2023, and December
31, 2023. The granted petitions are shown in the order that MSHA
received them.
<bullet> Docket Number: M-2022-032-C.
FR Notice: 88 FR 887 (01/05/2023).
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 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2022-033-C.
FR Notice: 88 FR 886 (01/05/2023).
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 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
<bullet> Docket Number: M-2022-034-C.
FR Notice: 88 FR 885 (01/05/2023).
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 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2022-038-C.
FR Notice: 88 FR 7464 (02/03/2023).
Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn,
West Virginia 25632.
Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan
County, West Virginia; Lower War Eagle, MSHA ID No. 46-09319, located
in Wyoming County, West Virginia; Muddy Bridge, MSHA ID No. 46-09514,
located in Logan County, West Virginia; North Fork Winifrede Deep, MSHA
ID No. 46-09583, located in Logan County, West Virginia; and Powellton
#1 Mine, MSHA ID No. 46-09217, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2022-039-C.
FR Notice: 88 FR 7466 (02/03/2023).
Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn,
West Virginia 25632.
Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan
County, West Virginia; Lower War Eagle, MSHA ID No. 46-09319, located
in Wyoming County, West Virginia; Muddy Bridge, MSHA ID No. 46-09514,
located in Logan County, West Virginia; North Fork Winifrede Deep, MSHA
ID No. 46-09583, located in Logan County, West Virginia; and Powellton
#1 Mine, MSHA ID No. 46-09217, located in Logan 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-2022-040-C.
FR Notice: 88 FR 7465 (02/03/2023).
Petitioner: Greenbrier Minerals LLC, 119 Rich Creek Rd., Lyburn,
West Virginia 25632.
Mines: Eagle No. 1 Mine, MSHA ID No. 46-09563, located in Logan
County, West Virginia; Lower War Eagle, MSHA ID No. 46-09319, located
in Wyoming County, West Virginia; Muddy Bridge, MSHA ID No. 46-09514,
located in Logan County, West Virginia; North Fork Winifrede Deep, MSHA
ID No. 46-09583, located in Logan County, West Virginia; and Powellton
#1 Mine, MSHA ID No. 46-09217, located in Logan County, West Virginia.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
<bullet> Docket Number: M-2023-008-C.
FR Notice: 88 FR 17630 (03/23/2023).
Petitioner: American Consolidated Natural Resources, Inc., 46226
National Road, St. Clairsville, Ohio 43950.
Mines: Harrison County Mine, MSHAID No. 46-01318, located in
Harrison County, West Virginia; Marion County Mine, MSHAID No. 46-
01433, located in Marion County, West Virginia; Ohio County Mine,
MSHAID No. 46-01436, located in Marshall County, West Virginia; and
Marshall County Mine, MINE ID No. 46-01437, located in Marshall County,
West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2023-013-C.
FR Notice: 88 FR 33649 (05/24/2023).
Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, Illinois
62951.
Mine: Mach #1 Mine, MSHA ID No. 11-03141, located in Williamson
County, Illinois.
Regulation Affected: 30 CFR 75.1909(b) (Nonpermissible diesel-
powered equipment; design and performance requirements).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-01980 Filed 1-31-24; 8:45 am]
BILLING CODE 4520-43-P
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