Affirmative Decisions on Petitions for Modification Granted in Whole or in Part

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Published
August 23, 2024
Issuing agencies

Labor DepartmentMine Safety and Health Administration
Abstract

The Federal Mine Safety and Health Act of 1977 governs 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, 2024, and June 30, 2024.
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<title>Federal Register, Volume 89 Issue 164 (Friday, August 23, 2024)</title>
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[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Notices]
[Pages 68208-68210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18923]


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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 governs 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,

[[Page 68209]]

between January 1, 2024, and June 30, 2024.

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#501e3f357e033f3e377d11357e1110343f3c7e373f26"><span class="__cf_email__" data-cfemail="feb0919bd0ad919099d3bf9bd0bfbe9a9192d0999188">[email&#160;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 (89 FR 6553) included petitions granted through December 31, 
2023, the following are petitions granted between January 1, 2024, and 
June 30, 2024. The granted petitions are shown in the order that MSHA 
received them.
    <bullet> Docket Number: M-2022-002-M.
    FR Notice: 87 FR 13005 (03/08/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Hwy., Elko, 
NV 89801.
    Mine: Exodus Mine, MSHA ID No. 26-02661, located in Eureka County, 
Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    <bullet> Docket Number: M-2022-003-M.
    FR Notice: 87 FR 13007 (03/08/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Hwy., Elko, 
NV 89801.
    Mine: Pete Bajo Mine, MSHA ID No. 26-02689, located in Eureka 
County, Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    <bullet> Docket Number: M-2022-004-M.
    FR Notice: 87 FR 13006 (03/08/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Hwy., Elko, 
NV 89801.
    Mine: Leeville Mine, MSHA ID No. 26-02512, located in Eureka 
County, Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    <bullet> Docket Number: M-2022-007-M.
    FR Notice: 87 FR 18821 (03/31/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Hwy., Elko, 
NV 89801.
    Mine: Twin Underground Mine, MSHA ID No. 26-02693, located in 
Humboldt County, Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    <bullet> Docket Number: M-2022-008-M.
    FR Notice: 87 FR 18822 (03/31/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Hwy., Elko, 
NV 89801.
    Mine: Meikle Mine, MSHA ID No. 26-02246, located in Eureka County, 
Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    <bullet> Docket Number: M-2022-010-M.
    FR Notice: 87 FR 28843 (05/11/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Hwy., Elko, 
NV 89801.
    Mine: Cortez District-Underground Mine, MSHA ID No. 26-02573, 
located in Lander County, Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    <bullet> Docket Number: M-2022-011-M.
    FR Notice: 87 FR 28842 (05/11/2022).
    Petitioner: Nevada Gold Mines, LLC, 1655 Mountain City Hwy., Elko, 
NV 89801.
    Mine: Goldrush Mine, MSHA ID No. 26-02822, located in Eureka 
County, Nevada.
    Regulation Affected: 30 CFR 57.11052(d) (Refuge areas).
    <bullet> Docket Number: M-2022-012-C.
    FR Notice: 87 FR 50888 (08/18/2022).
    Petitioner: UC Mining, LLC, 835 State Route 1179, Waverly, Kentucky 
42462.
    Mine: UC Mining, LLC Mine, MSHA ID No. 15-02709, located in Union 
County, Kentucky.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    <bullet> Docket Number: M-2022-013-C.
    FR Notice: 87 FR 53016 (08/30/2022).
    Petitioner: Harrison County Coal Resources, Inc., 464 North Portal 
Road, Wallace, West Virginia 26448.
    Mines: Harrison County Mine, MSHA ID No. 46-01318, located in 
Wetzel County, West Virginia.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    <bullet> Docket Number: M-2022-021-C.
    FR Notice: 87 FR 64252 (10/24/2022).
    Petitioner: M&D Anthracite Coal Company, 71 Hill Road, Hegins, 
Pennsylvania, 17938.
    Mine: Slope #1, MSHA ID No. 36-09976, located in Schuylkill County, 
Pennsylvania. Regulation Affected: 30 CFR 75.1400 (Hoisting equipment; 
general).
    <bullet> Docket Number: M-2022-022-C.
    FR Notice: 87 FR 64255 (10/24/2022).
    Petitioner: M&D Anthracite Coal Company, 71 Hill Road, Hegins, 
Pennsylvania 17938.
    Mine: Slope #1, MSHA ID No. 36-09976, located in Schuylkill County, 
Pennsylvania. Regulation Affected: 30 CFR 75.1002(a) (Installation of 
electric equipment and conductors; permissibility).
    <bullet> Docket Number: M-2022-013-M.
    FR Notice: 88 FR 10548 (02/21/2023).
    Petitioner: Genesis Alkali, LLC, 580 Westvaco Road, Green River, 
Wyoming 82935.
    Mine: Westvaco Mine, MSHA ID No. 48-00152, located in Sweetwater 
County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    <bullet> Docket Number: M-2022-035-C.
    FR Notice: 88 FR 17872 (03/24/2023).
    Petitioner: Ramaco Resources, LLC., P.O. Box 219, Verner, West 
Virginia 25650.
    Mines: Michael Powellton Deep Mine, MSHA ID No. 46-09602, located 
in Logan County, West Virginia; Crucible Deep Mine, MSHA ID No. 46-
09614, located in Logan County, West Virginia; Berwind Deep Mine, MSHA 
ID No. 46-09533, located in McDowell County, West Virginia; Triad No. 
2, MSHA ID No. 46-09628, located in McDowell County, West Virginia.

[[Page 68210]]

    Regulation Affected: 30 CFR 75.1002(a) (Installation of electric 
equipment and conductors; permissibility).
    <bullet> Docket Number: M-2022-036-C.
    FR Notice: 88 FR 17876 (03/24/2023).
    Petitioner: Ramaco Resources, LLC., P.O. Box 219, Verner, West 
Virginia 25650.
    Mines: Michael Powellton Deep Mine, MSHA ID No. 46-09602, located 
in Logan County, West Virginia; Crucible Deep Mine, MSHA ID No. 46-
09614, located in Logan County, West Virginia; Berwind Deep Mine, MSHA 
ID No. 46-09533, located in McDowell County, West Virginia; Triad No. 
2, MSHA ID No. 46-09628, located in McDowell 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-2022-037-C.
    FR Notice: 88 FR 17874 (03/24/2023).
    Petitioner: Ramaco Resources, LLC., P.O. Box 219, Verner, West 
Virginia 25650.
    Mines: Michael Powellton Deep Mine, MSHA ID No. 46-09602, located 
in Logan County, West Virginia; Crucible Deep Mine, MSHA ID No. 46-
09614, located in Logan County, West Virginia; Berwind Deep Mine, MSHA 
ID No. 46-09533, located in McDowell County, West Virginia; Triad No. 
2, MSHA ID No. 46-09628, located in McDowell County, West Virginia.
    Regulation Affected: 30 CFR 75.500(d) (Permissible electric 
equipment).
    <bullet> Docket Number: M-2023-002-C.
    FR Notice: 88 FR 20559 (04/06/2023).
    Petitioner: Rosebud Mining, LLC, 301 Market Street, Kittanning, PA 
16201.
    Mine: Cherry Tree Mine, MSHA ID No. 36-09224, located in Clearfield 
County, Pennsylvania.
    Regulation Affected: 30 CFR 75.1700 (Oil and gas wells).
    <bullet> Docket Number: M-2023-003-C.
    FR Notice: 88 FR 23101 (04/14/2023).
    Petitioner: Marion County Coal Resources, Inc., 151 Johnnycake 
Road, Metz, West Virginia 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).
    <bullet> Docket Number: M-2023-013-C.\1\
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    \1\ This granted petition is based on an amended Proposed 
Decision and Order issued on February 16, 2024. The original 
Proposed Decision and Order was issued on December 11, 2023.
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    FR Notice: 88 FR 33649.
    Petitioner: Mach Mining, LLC, P.O. Box 300, Johnston City, IL 
62951.
    Mine: Mach #1 Mine, MSHA ID No. 11-03141, located in Williamson 
County, Illinois.
    Regulation Affected: 30 CFR 75.1909(b)(6), Nonpermissible diesel-
powered equipment; design and performance requirements.
    <bullet> Docket Number: M-2023-002-M.
    FR Notice: 88 FR 34547 (05/30/2023).
    Petitioner: U.S. Silica Company, 4800 Oklahoma Hwy 1 North, Mill 
Creek, Oklahoma 74856.
    Mine: Mill Creek Plant #37, MSHA ID No. 34-00377, located in 
Johnston County, Oklahoma.
    Regulation Affected: 30 CFR 56.13020 (Use of compressed air).
    <bullet> Docket Number: M-2023-018-C.
    FR Notice: 88 FR 61618 (09/07/2023).
    Petitioner: The Coteau Properties Company, 204 county Rd 15, 
Beulah, ND 58523.
    Mine: Freedom Mine, MSHA ID No. 32-00595, located in Mercer County, 
North Dakota.
    Regulation Affected: 30 CFR 77.1607(u) (Loading and haulage 
equipment; operation).

Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2024-18923 Filed 8-22-24; 8:45 am]
BILLING CODE 4520-43-P


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