Notice2025-01397
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
January 22, 2025
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 July 1, 2024, and December 31, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 13 (Wednesday, January 22, 2025)</title>
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[Federal Register Volume 90, Number 13 (Wednesday, January 22, 2025)]
[Notices]
[Pages 7711-7712]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01397]
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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,
between July 1, 2024, and December 31, 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. To arrange an in-person visit, call 202-693-9455 or contact
<a href="/cdn-cgi/l/email-protection#453520312c312c2a2b36232a37282a212c232c2624312c2a2b05212a296b222a33"><span class="__cf_email__" data-cfemail="631306170a170a0c0d10050c110e0c070a050a0002170a0c0d23070c0f4d040c15">[email protected]</span></a>.
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#2f61404a017c404148026e4a016e6f4b404301484059"><span class="__cf_email__" data-cfemail="fdb39298d3ae92939ad0bc98d3bcbd999291d39a928b">[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 (89 FR 68208) included petitions granted through June 30, 2024,
the following are petitions granted between July 1, 2024, and December
31, 2024. The granted petitions are shown in the order that MSHA
received them.
<bullet> Docket Number: M-2023-009-C.
FR Notice: 88 FR 55732 (08/16/2023).
Petitioner: Peabody Twentymile Coal Mining, LLC, 29515 Routt County
Road 27, Oak Creek, Colorado 80467.
Mine: Foidel Creek Mine, MSHA ID No. 05-03836, located in Routt
County, Colorado.
[[Page 7712]]
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2023-010-C.
FR Notice: 88 FR 55724 (08/16/2023).
Petitioner: Peabody Twentymile Coal Mining, LLC, 29515 Routt County
Road 27, Oak Creek, Colorado 80467.
Mine: Foidel Creek Mine, MSHA ID No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.507-1(a) (Electrical equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
<bullet> Docket Number: M-2023-011-C.
FR Notice: 88 FR 55730 (08/16/2023).
Petitioner: Peabody Twentymile Coal Mining, LLC, 29515 Routt County
Road 27, Oak Creek, Colorado 80467.
Mine: Foidel Creek Mine, MSHA ID No. 05-03836, located in Routt
County, Colorado.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electrical
equipment and conductors; permissibility).
<bullet> Docket Number: M-2023-025-C.
FR Notice: 89 FR 7413 (02/02/2024).
Petitioner: Panther Creek Mining, LLC, 903 Dawes Hollow, Dawes,
West Virginia 25054.
Mine: Winchester 2 Mine, MSHA ID No. 46-09615, located in Kanawha
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
<bullet> Docket Number: M-2023-026-C.
FR Notice: 89 FR 7415 (02/02/2024).
Petitioner: Panther Creek Mining, LLC, 903 Dawes Hollow, Dawes,
West Virginia 25054.
Mine: Winchester 2 Mine, MSHA ID No. 46-09615, located in Kanawha
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).
Song-ae Aromie Noe,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2025-01397 Filed 1-21-25; 8:45 am]
BILLING CODE 4520-43-P
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