10256 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

circuit breakers shall have permanent, legible 

labels, identifying the circuit breakers as 

being set for the size of the cable. 

(g) Replacement circuit breakers and/or 

instantaneous trip units used to protect No. 

2 AWG cables shall be set to trip at 600 

amperes and shall be sealed. 

(h) During each production day, persons 

designated by the operator shall visually 

examine the trailing cables to ensure that the 

cables are in safe operating condition and 

that the trip settings are sealed and do not 

exceed the settings stipulated in this petition. 

(i) Any trailing cable that is not in safe 

operating condition shall be removed from 

service immediately and repaired or 

replaced. In addition, if mining methods or 

operation procedures cause or contribute to 

the damage of any trailing cable, additional 

precautions shall be taken to ensure that the 

cable is protected and maintained in a safe 

operating condition. 

(j) Each splice or repair in the trailing cable 

shall be made in a proper workmanlike 

manner and in accordance with the 

instructions of the manufacturer of the splice 

or repair kit. The outer jacket of each splice 

or repair shall be vulcanized with flame 

resistant material or made with material that 

has been accepted by MSHA as flame 

resistant under 30 CFR part 18. 

(k) Permanent warning labels shall be 

installed and maintained on the covers of 

each circuit breaker and trailing cable 

disconnecting device indicating that the 

trailing cable can only be connected to a 

properly adjusted and sealed circuit breaker. 

These labels shall warn miners not to change 

or alter the sealed trip settings and not to 

connect the trailing cables to an improperly 

adjusted circuit breaker. 

(l) The conditions of this petition shall not 

be implemented until all miners designated 

to examine the integrity of the seals, verify 

the trip settings, and examine trailing cables 

for defects have received the training 

outlined in this petition. 

(m) Within 60 days after the proposed 

decision and order becomes final, the 

petitioner shall submit proposed revisions to 

its approved 30 CFR part 48 training plan to 

the MSHA District Manager. The proposed 

revisions shall specify task training for 

miners designated to verify that the trip 

settings of the circuit interrupting devices 

protecting the affected trailing cables do not 

exceed the specified settings. The training 

shall include the following elements: 

1. The hazards of setting the circuit 

interrupting device too high to adequately 

protect the trailing cable. 

2. How to verify that the circuit 

interrupting devices protecting the trailing 

cables are properly set and maintained. 

3. Mining methods and operating 

procedures to protect the trailing cables 

against damage. 

4. Proper procedures for examining the 

affected trailing cables to ensure they are in 

safe operating condition. 

The petitioner asserts that the 

alternative method proposed will at all 

times guarantee no less than the same 

measure of protection afforded the 

miners under the mandatory standard. 

Song-ae Aromie Noe, 

Acting Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 2022–03776 Filed 2–22–22; 8:45 am] 

BILLING CODE 4520–43–P 

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. 

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, 2021 and December 31, 

2021. 

ADDRESSES: Copies of the final decisions 

are posted on MSHA’s website at 

https://www.msha.gov/regulations/ 

rulemaking/petitions-modification. The 

public may also 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, Office of Standards, 

Regulations, and Variances at 202–693– 

9440 (voice), petitionsformodification@

dol.gov (email), or 202–693–9441 

(facsimile). [These are not toll-free 

numbers.] 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Under section 101 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 (86 FR 41519) 

included petitions granted through June 

30, 2021, listed below are petitions 

granted between July 1, 2021 and 

December 31, 2021. The granted 

petitions are shown in the order that 

MSHA received them. 

• Docket Number: M–2020–009–C. 

FR Notice: 85 FR 47404 (8/5/2020). 

Petitioner: Century Mining LLC, 200 

Chapel Brook Drive, Bridgeport, West 

Virginia 26330. 

Mine: Longview Mine, MSHA I.D. No. 

46–09447, located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2020–023–C. 

FR Notice: 85 FR 66582 (10/20/2020). 

Petitioner: Century Mining LLC, 200 

Chapel Brook Drive, Bridgeport, West 

Virginia 26330. 

Mine: Longview Mine, MSHA I.D. No. 

46–09447, located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 75.507– 

1 (Electric equipment other than powerconnection points; outby the last open 

crosscut; return air; permissibility 

requirements.). 

• Docket Number: M–2020–025–C. 

FR Notice: 85 FR 66582 (10/20/2020). 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 10257 

Petitioner: Century Mining LLC, 200 

Chapel Brook Drive, Bridgeport, West 

Virginia 26330. 

Mine: Longview Mine, MSHA I.D. No. 

46–09447, located in Barbour County, 

West Virginia. 

Regulation Affected: 30 CFR 75.1002 

(Installation of electric equipment and 

conductors; permissibility.) 

• Docket Number: M–2021–002–C. 

FR Notice: 86 FR 16641 (3/30/2021). 

Petitioner: Blue Mountain Energy, 

Inc., 3607 County Road #65, Rangely, 

Colorado 81648. 

Mine: Deserado Mine, MSHA ID No. 

05–03505, located in Rio Blanco 

County, Colorado. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

• Docket Number: M–2021–003–C. 

FR Notice: 86 FR 16641 (3/30/2021). 

Petitioner: Blue Mountain Energy, 

Inc., 3607 County Road #65, Rangely, 

Colorado 81648. 

Mine: Deserado Mine, MSHA ID No. 

05–03505, located in Rio Blanco 

County, Colorado. 

Regulation Affected: 30 CFR 75.500(d) 

(Permissible electric equipment). 

• Docket Number: M–2021–004–C. 

FR Notice: 86 FR 16641 (3/30/2021). 

Petitioner: Blue Mountain Energy, 

Inc., 3607 County Road #65, Rangely, 

Colorado 81648. 

Mine: Deserado Mine, MSHA ID No. 

05–03505, located in Rio Blanco 

County, Colorado. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

• Docket Number: M–2021–005–C. 

FR Notice: 86 FR 16644 (3/30/2021). 

Petitioner: Blue Diamond Mining, 

LLC, 1021 Tori Drive, Hazard, 

Kentucky, 41701. 

Mine: Calvary Mine #81, MSHA ID 

No. 15–12753, located in Leslie County, 

Kentucky. 

Regulation Affected: 30 CFR 75.364 

(Weekly examination). 30 CFR 

75.364(b)(2) requires that at least every 

7 days an examination for hazardous 

conditions shall be made by a certified 

person designated by the operator in at 

least one entry of each return air course, 

in its entirety, so that the entire air 

course is traveled. 

• Docket Number: M–2021–007–C. 

FR Notice: 86 FR 27898 (5/24/2021). 

Petitioner: Mountain Coal Company, 

L.L.C., 5174 Highway 133, Somerset, 

Colorado, 81434. 

Mine: West Elk Mine, MSHA ID No. 

05–03672, located in Gunnison County, 

Colorado. 

Regulation Affected: 30 CFR 75.507– 

1(a) (Electric equipment other than 

power-connection points; outby the last 

open crosscut; return air; permissibility 

requirements). 

• Docket Number: M–2021–009–C. 

FR Notice: 86 FR 27898 (5/24/2021). 

Petitioner: Mountain Coal Company, 

L.L.C., 5174 Highway 133, Somerset, 

Colorado, 81434. 

Mine: West Elk Mine, MSHA ID No. 

05–03672, located in Gunnison County, 

Colorado. 

Regulation Affected: 30 CFR 

75.1002(a) (Installation of electric 

equipment and conductors; 

permissibility). 

• Docket Number: M–2021–004–M. 

FR Notice: 86 FR 38360 (7/20/2021). 

Petitioner: Genesis Alkali, LLC, 580 

Westvaco Rd., Green River, Wyoming, 

82935. 

Mine: Genesis Alkali @WESTVACO, 

MSHA ID No. 48–00152, located in 

Sweetwater County, Wyoming. 

Regulation Affected: 30 CFR 57.22305 

(Approved equipment (III mines)). 

• Docket Number: M–2021–026–C. 

FR Notice: 86 FR 46018 (8/17/21). 

Petitioner: Marion County Coal 

Resources, Inc., 151 Johnnycake Road, 

Metz, West Virginia (Zip 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). 

Song-ae Aromie Noe, 

Acting Director, Office of Standards, 

Regulations, and Variances. 

[FR Doc. 2022–03767 Filed 2–22–22; 8:45 am] 

BILLING CODE 4520–43–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[NOTICE: [22–013]] 

Requirement for NASA Recipients of 

Financial Assistance Awards To 

Obtain a Quotation From Small and/or 

Minority Businesses, Women’s 

Business Enterprises and Labor 

Surplus Area Firms 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Request for public comment on 

new term and condition that requires 

recipients of NASA financial assistance 

to obtain a quotation from small and/or 

minority businesses, women’s business 

enterprises or labor surplus area firms. 

SUMMARY: The Grants Policy and 

Compliance Branch (GPC) in the 

National Aeronautics and Space 

Administration’s (NASA) Office of the 

Chief Financial Officer is soliciting 

public comment on the Agency’s 

proposed implementation of a new term 

and condition that requires recipients of 

NASA financial assistance to obtain a 

quotation from small and/or minority 

businesses, women’s business 

enterprises or labor surplus area firms 

when the acquisition of goods or 

services exceeds the simplified 

acquisition threshold. In response to the 

Executive Order regarding Advancing 

Racial Equity and Support for 

Underserved Communities Through the 

Federal Government, NASA has been 

working to identify and address barriers 

that underserved communities and 

individuals may face in taking 

advantage of procurement, contracting, 

or grant opportunities. To address these 

barriers, NASA has taken a few actions 

including proposing the term and 

condition described above. NASA is 

taking this action to ensure that entities 

funded by NASA are compliant with the 

procurement standards in the uniform 

guidance. NASA’s expectation is that 

this action will result in an increase in 

contracting opportunities for small and/ 

or minority businesses, women’s 

business enterprises and labor surplus 

area firms that contract with NASA 

financial assistance recipients. 

DATES: Comments must be received by 

March 25, 2022. 

ADDRESSES: Comments should be 

addressed to National Aeronautics and 

Space Administration Headquarters, 300 

E Street SW, Rm. 6087, Washington, DC 

20546 or sent through 

www.regulations.gov; Phone Number: 

202–358–2180, FAX Number: 202–358– 

3336. We encourage respondents to 

submit comments electronically to 

ensure timely receipt. We cannot 

guarantee that comments mailed will be 

received before the comment closing 

date. Please include ‘‘Requirement to 

obtain a quotation from small and/or 

minority businesses, women’s business 

enterprises or labor surplus area firms’’ 

in the subject line of the email message. 

Please also include the full body of your 

comments in the text of the message and 

as an attachment. Include your name, 

title, organization, postal address, 

telephone number, and email address in 

your message. 

FOR FURTHER INFORMATION CONTACT: 

Christiane S. Diallo, email: 

Christiane.diallo@nasa.gov, telephone 

(202) 358–5179. 

SUPPLEMENTARY INFORMATION: On 

January 25, 2021, President Biden 

issued E.O. 13985, Advancing Racial 

Equity and Support for Underserved 

Communities Through the Federal 


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